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Home My WebLink About1996-06-11 ResolutionPrepared by: Dan Scott. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-167 A RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE IOWA CITY LANDFILL FORCE IVIAIN PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of July, 1996, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 11th day of June ,1996. CITY-CLERK MAYOR( Approved by Resolution No. 96-167 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X --X ---X X Kubby ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef RESOLUTION NO. 96-168 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUC- TION OF THE SOCCER SITE ACCESS ROAD PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPEC- TION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2nd day of July, 1996, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this '11th day of June ,19 96 CITY'CLERK City Attorney s Office ~- 7- ~' It was moved by Norton and seconded by be adopted, and upon roll call there were: the Resolution AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef pwengtsoccer.m$ Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City. IA 52240 (319} 356-5041 RESOLUTION NO. 96-169 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes. therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA. that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED LIST Passed and approved this 11th day of ,lunp _ , 1996. It was moved by Norton be adopted, and upon roll call there were: MAYOR Approved by and seconded by Kub]:[y AYES: NAYS: ABSENT: X X the Resolution Baker Kubby Lehman Norton , Novick Thomberry Vanderhoef CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 1 DOING BUSINESS AS APPLICANTS NAME PURPOSE R~VENDING AIRLINER THE /LOHAUS & LARSON INVESTMENT COMPANY AMERICAN LEGION, ROY L. AMERICAM LEGION, ROY L. CHOPEK POST #17 CHOPEK POST #17 C MA P-- 58 Or J COASTAL BI~NDEDMA/IKETING INC ~E~ii~US AMOCO SERVICE H D VILLHAUER ENTERPRISES INC C~TY NEWS AND BOOKS PAUL PENNINGROTH ,CgAL~GE STREET NEWS ~-MICHAEL ZEADOW OONIAL LANES ERSHELL CORP · CUS/FOODS [RANDALL'S INTERNATIONAL INC .D~.q.~S M~3STANG MARKET ~,~OSS PETROLEUM COMPANY OF IOWA CITY · DA~'S SHORT STOP CORPORATION · DANIEL J GLASGOW D~A~' S FOXHEAD TAVERN Q'ALBERHASKY DAVID n DF. D~WOOD ~4~EGAL VENDING / LDELIMART DELI MART INC LI MART INC [~ ~u~n~',~ ~ LICENSE # STICKER # 85 00104 02299 V 93 00012 02277 V 86 00025 02319 C 85 00074 02320 C 87 00019 02321C 86 00021 02322 C 94 00006 02323 C 96 00008 C 85 00003 02324 V 95 00005 02325 C 86 00001 02326 C 86 00022 02327 C 85 00023 02306 C 85 00092 02278 V 87 00013 02328 C 87 00018 02329 C CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 2 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # D~C's STANDARD ~AUL ROZINCK L'HY-VEE FOOD STORES INC D STORES INC DUBLIN UNDERGROUND THE · REGAL VENDING D~QUE STREET FJUNDIMART NORDSTROM OIL COMPANY E~LE FOOD CENTER #157 ~/~UCKY STORES INC ~E~cKE FOOD CENTER #220 Y STORES INC EC~FOODS #473 /ECONOFOODS #473 ~ EXPRESSSTOP -BILL & SHIELA BOYD · FAREWAY STORES INC ~FAREWA~.Y STORES INC FI~LD HOUSE THE ~SAGE VENDING %FITZ~ATRICK'S ALEHOUSE, INC. %REGAL VENDING / FRATERNAL ORDER OF EAGLES, I.C. AERIE #695 %FRATERNAL ORDER OF EAGLES I C AERIE #695 VENDING GASBY S FAP ENTERPRISES ,~S{~Y'S DOWNTOWN FAP ENTERPRISES .EORGE' S BUFFET ~'S BUFFET 92 00006 85 00012 85 00013 93 00001 90 00009 85 00004 85 00005 87 00010 93 00002 95 00006 96 00007 85 00094 85 O0030 91 00008 95 00004 96 00009 85 00017 02330 C 02310 C 02311 C 02279 V 02313 C 02307 C 02308 C 02331C 02322 C 02317 C V 02281V 02338 C 02282 V 02333 C C 02283 V CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 3 DOING BUSINESS AS APPLICANTS NA/~E PURPOSE C~I B~EERT STREET CAFE %~i~HON/D~ CASE ~wK~EN OLDIES EYE i~%~US EMENT ~/~EAT WALL VAY AND CHI HO GR~OUN D ROUND, THE D ROUND INC G~RZ ~/~AW-K EYE AMUSEMENT GA IJLNDER THE L VENDING oTOP 76 PEC INC H]/5~T O P LOUNGE H~-VEE FOOD STORE #1 HY-VEE FOOD STORES INC HY-~E FOOD STORE #2 ~z~Y-VEE FOOD STORES INC HY~VEE FOOD STORE #3 /ZOl ~BY~VEE FOOD STORES INC J T CONNOLLY'S TOBACCO BOWL THOMAS J CONNOLLY J~ S PLACE %/~{AWKEYE AMUSEMENT JOHN'S GROCERY, INC. JOHN'S GROCERY INC K~CORPORATION LICENSE # 96 00002 90 00001 93 00011 91 00001 96 00001 93 00003 85 00125 95 00003 86 00011 85 00009 85 00010 85 00011 91 00009 95 00007 85 00054 85 00140 STICKER # C 02284 V 02334 C 02318 C V 02285 V 02286 V 02336 C 02287 V 02315 C 02316 C 02337 C 02309 C 02288 V 02340 C 02341 C CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 4 DOING BUSINESS AS APPLICANTS NAME PURPOSE i I¢lRKWOOD 76 ~'INLAND TRANSPORT CO T~EGATiY, HAWK, THE VENDING KRAUSE GENTLE OIL COP~PORATI'ON L~'~MIGHTY SHOP, INC. ~/L & M MIGHTY SHOP INC LOYAL ORDER OF MOOSE LODGE #1096 LOYAL ORDER OF MOOSE LODGE #1096 ~ M~A-X~E ' S REGAL VENDING ~EEG~RIES L VENDING M~TAP ~REGAL VENDING M2~LRESTAUP~T, THE ~4HAWKEYE AMUSEMENT v~LLERMART INC MILLERMART INC MN~I M3kRT ~BHADRASHEEIA S PATEL M~'S SALOON & EATERY ¥~AW/{EYE AMUSEMENT /ON~--EYED J/LKE'S ~EGAL VENDING CO OSeO DRUG STORE [ OSCO DRUG INC %OS~ STORES #2393 ~/[MERICAN DRUG STORES INC PAUL'S OF IOWA CITY PAUL'S DISCOUNT OF IOWA CITY LICENSE # 85 00135 85 00097 85 00025 85 00045 87 00005 88 00005 91 00004 89 00004 85 00065 90 00006 96 00005 85 00062 94 00002 85 00116 94 00003 85 O0100 STICKER # 02341 C 02289 V 02343 C 02344 C 02345 C 02290 V 02291 V 02292 V 02293 V 02346 C C 02294 V 02295 V 02347 C 02348 C 02349 C CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 5 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER # P~RSON'S DRUG STORE ~PEARSON'S DRUG STORE INC E OR BOWLING, INC. YE AMUSEMENT VENDING QUIK TRIP #509 L~QUIKTRI P CORPORATION QUIK TRIP #548 QUIKTRIP CORPORATION ~QUIKT~IP #552 ZS QUIKTRIP CORPORATION ENDING IRO~~E~AMU SEMENT ~ ~' AMOCO SERVICE ~/VITOSH ROSALIE % S~CTUARY RESTAURANT, THE ~EGAL VENDING SEATON'S CASH & CARRY MARKET SEATON CLYDE R SINCLAIR SERVICE STATION & CONV STORE #14025 SINCLAIR MARKETING INC &C-r , so s ~-(~SAGE VENDING SPO~RTS COLUMN CORP. b/REGAL VENDING S~ET HANDIMART '/WILLIAM D & DAVID V NORDSTROM 85 OOO48 85 00063 90 00007 85 00019 85 00021 85 00022 85 00096 96 00003 85 00137 85 00102 85 00036 8~ 0012~- 85 00127 96 00006 85 00105 93 00008 02350 C 02296 V 02297 V 02351 C 02352 C 02353 C 02298 V V 02354 C 02300 V 02355 C 0235-7--e- 02356 c v 02302 v 02314 C CIGARETTE PERMITS PRINTED : 03-APR-96 PAGE: 6 DOING BUSINESS AS APPLICANTS NAME PURPOSE LICENSE # STICKER ALBERHASKY TOM & MARILYN Qj~RD COAST ~ALLYN M ELKIN & BENJAMIN A ELKIN TOWNCREST AMOCO SERVICE INC ' TOWNCREST AMOCO SERVICE INC T~ucCK'S PLACE KER JAMES J ~-UN~EYE AMUSEMENT COMPANY VINE TAVERN, THE ~'~EGAL VENDING VtTO'S REGAL VENDING V~OSH AMOCO ~--~ITOSH RICHARD ~-M~T #1721 ~VWAL-MART STORES INC ~REENS WALGREEN COMPANY ARE & MCDONALD OIL COMPANY ,WI~/&& PEN PIZZA PUB 85 00085 92 00002 91 00011 85 00042 93 00013 85 00109 89 00012 85 00114 92 00012 85 00029 85 00016 96 00004 02358 C 02339 C 02359 C 02360 C 02303 V 02304 V 02305 V 02361C 02362 C 02363 C 02364 C V TOTAL CIGARETTE PERMITS: 92 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 96-170 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A SECOND MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 1327 FIRST AVENUE, IOWA CITY, IOWA WHEREAS, on May 1, 1991 the property owner of 1327 First Avenue received a second mortgage from the City of Iowa City in the amount of ~) 13,000; WHEREAS, this document created a lien against the property; and WHEREAS, the property has been sold and the new owner can afford the property without the second mortgage; WHEREAS, the second mortgage of $13,000 was paid off on May 29, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 1327 First Avenue, Iowa City, Iowa, from an obligation of the property owners to pay to the City the $13,000 represented by a promissory note and second mortgage which were recorded in Book 1226 Pages 63 through 67 of the Johnson County Recorder's Office. Passed and approved this 1.1th day of June , 1996. ATTEST:_~.) CITY-CLERK ApFf~ed by City Attorney's Office It was moved by [~orton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X X X- X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1327 First Avenue, Iowa City, Iowa, and legally described as follows: Lot 4, Sycamore View, an addition to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 31, Page 138, plat records of Johnson County, Iowa. from an obligation of the property owners, J. Chris Gammack and Deborah A. Gainmack, to the City of Iowa City in the principal amount of $13,000 represented by a promissory note and a second mortgage recorded on May 2, 1991,in Book 1226, Pages 63 through 67 in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. CITY ~LERK Aoz~oved~y ~ City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this //~z~/L day of -..)~,,,, ,A.D. 19 ~, , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. ~G-/q~, adopted by the City Council on the (! ~k . day ,-~,~,- , 19 ?~, and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab'd 327o I St tel Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RESOLUTION NO. 96-171 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREE- MENT, A LOW INTEREST PROMISSORY NOTE AND A MORTGAGE FOR THE PROPERTY LOCATED AT 718 WALNUT STREET, IOWA CITY, IOWA WHEREAS, on August 26, 1991 the property owners of 718 Walnut Street executed a Rehabilitation Agreement, a low interest Promissory Note and a Mortgage in the amount of $11,065 through the Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, on May 30, 1996 the property owners paid off the balance of the loan in the amount of t~8,913.97. NOW, THEREFORE, BE IT RESO.LVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 718 Walnut Street, Iowa City, Iowa, from an obligation of the property owners to pay to the City the $1 1,065 represented by said Promissory Note, Rehabilitation Agreement and Mortgage which were recorded in Book 1285 Pages 205 through 213 of the Johnson County Recorder's Office. Passed and approved this 11th day of June , 1996. MAYOR W2 L (,-;-46 City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X ---Z X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 718 Walnut Street, Iowa City, Iowa, and legally described as follows: Lot 6, Block 1, Borland Place, Iowa City, Iowa, from an obligation of the property owners, Jon P. Thayer and Sharon K. Thayer, to the City of Iowa City in the principal amount of $11,065 represented by a Rehabilitation Agreement, a low interest Promissory Note and a Mortgage recorded on October 4, 1991, in Book 1 285, Pages 205 through 213 in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR ATTEST: /~~ ~- ~ CITY ~:LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this II - day of , A.D. 19 %. , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. %,-/7! , adopted by the City Council on the //'~ day .~,~,~_ , 19 ~G, . and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, CD Division, 410 E. Washington St., iowa City, IA 52240 (31 9)356-5246 RESOLUTION NO. 96-172 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A REHABILITATION AGREE- MENT AND NO INTEREST LIFE LIEN FOR THE PROPERTY LOCATED AT 511 SOUTH DODGE STREET, IOWA CITY, IOWA WHEREAS, on July 18, 1991 the property owner of 511 South Dodge Street executed a Rehabilitation Agreement and a no interest Statement of Life Lien in the amount of $4,570 through the Housing Rehabilitation Program; WHEREAS, these documents created a lien against the property; and WHEREAS, on May 30, 1996 the property owner paid the loan of $4,570 in full. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authoriz. ed to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 511 South Dodge Street, Iowa City, Iowa, from an obligation of the property owner to pay to the City the ~4,570 represented by said Rehabilitation Agreement and Statement of Life Lien, which were recorded in Book 1263 Pages 165 through 169 of the Johnson County Recorder's Office. Passed and approved this 11th day of June , 1996. CiTY-CLERK MAYOR roved City Attorney's Office it was moved by Norton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X X X-- X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef p~drehab~51 lsdodg.res Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 {319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 51 1 South Dodge Street, Iowa City, Iowa, and legally described as follows: The North 40 feet of Lot 9, Block 7, Lyons Second Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 13, Page 426, Deed Records of Johnson County Iowa, from an obligation of the property owner, William D. Kane, to the City of Iowa City in the principal amount of $4,570 represented by a Rehabilitation Agreement and a Statement of Life Lien recorded on August 2, 1991, in Book 1263, Pages 165 through 169 in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. CIT~(~-E~LERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /I day of .~ ,A.D. 19 ~/~ , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City~:~ouncil, as contained in Resolution No. c/6-/'7Z, adopted by the City Council on the I1"" day ,)~. , 19 c]~ and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed, Notary Public in and for Johnson County, Iowa Prepared by: Liz Osborne, Program Assistant, 410 E. Washington. St., Iowa City, IA 52240 {319) 356-5246 RESOLUTION N0. 96-173 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RESALE AGREEMENT AND SECOND MORTGAGE FOR THE PROPERTY LOCATED AT 1109 FIFTH AVENUE, IOWA CITY, IOWA AND AUTHORIZING THE CITY ATTORNEY STAFF TO DELIVER SAID RELEASE TO THE PROPERTY OWNERS UPON PAYMENT IN FULL OF THE PROPERTY OWNER'S DEBT TO THE CITY WHEREAS, on September 21, 1995 the property owners of 1109 Fifth Avenue purchased said property from the City of Iowa City (City), received a loan from the City in the amount of 930,000 and gave a second mortgage on said property to the City to secure said loan; and WHEREAS, on July 26, 1995, said owners executed a Resale Agreement for said property wherein they agreed that in the event they sold the home the sale would be to an income- eligible household approved by the City; and WHEREAS, these documents created a lien against the property; and WHEREAS, the property owners have agreed to sell said property to an income-eligible family and the closing is scheduled for June 14, 1996; and WHEREAS, staff anticipates that the property owner's debt to the City will be paid in full on June 14, 1996, in exchange for a release by the City of the lien created by said second mortgage and resale agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien whereby the City does release the property located at 1109 Fifth Avenue, Iowa City, Iowa, from an obligation of the property owners to pay to the City the debt represented by said Resale Agreement and said second mortgage which were recorded in Book 1973, Pages 260 through 264 and Book 1973, Pages 278 through 283, respectively, of the Johnson County Recorder's Office. The City Attorney or an Assistant City Attorney is authorized to deliver said Release of Lien to said property owners upon payment in full of the property owner's debt to the City as set forth in said Resale Agreement and second mortgage. Passed and approved this llth day of June ,1996. Resolution No. 96-173 Page 2 MAYOR ATTEST; ClT?' CLERK City Attorney's Office It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 1 109 Fifth Avenue, Iowa City, Iowa, and legally described as follows: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, Block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa, also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence SO0°07'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing SOO°07'46"E, along said East line 62.00 feet; Thence N89° 52'57"W, 120.11 feet; Thence N00°05'42"E, 76.50 feet; Thence S89°53'12"E, 39.94 feet; Thence S00°01'34"W, 14.50 feet; Thence S89°52'S3"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,O19 square feet, more or less, and is subject to easements and restrictions of record. from an obligation of the property owners, Brad and Elizabeth Johnson, to the City of Iowa City represented by a Resale Agreement and Mortgage r~corded on September 25, 1995, in Book 1973, Pages 260 through 264, and Book 1973, Pages 278 through 283, respectively, in the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released, in full from any liens or clouds upon title to the above property by reason of said prior recorded documents. MAYOR CITY-CLERK Ap/i;~ved by/,,-'-~.. City Attorney's Office STATE OF 10WA ) ) SS: JOHNSON COUNTY ) On this //-- day of ,-J~ , A.D. 19. '¢4, . before me, the undersigned, a Notary Public m and for said County, in said State, personally appeared Naomi J. Novick and Marian K. Karr. to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation b~y authority of its City Council, as contained in Resolution No.%-/'/,~ , adopted by the City Council on the /I A, day J~r~. , 19 ~, . and that the said Naomi J. Novick and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for Johnsoff County, Iowa Prepared by: Eleanor Dill<es, Assistant City Attorney, 410E. Washington St., Iowa City, IA 52240319-356-5030 RESOLUTION NO. 96-174 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST A RESALE AGREEMENT FOR THE PROPERTY LOCATED AT 1109 FIFTH AVENUE. WHEREAS, the City of Iowa City constructed a modular home at 1109 Fifth Avenue and sold the property on September 21, 1995, as an affordable home pursuant to CITY STEPS, Iowa City's Consolidated Plan for Housing, Jobs, and Services for Low-Income Residents; and WHEREAS, the current owners executed a Resale Agreement for said property wherein they agreed that in the event they sold the home, the sale would be to an income-eligible household approved by the City; and WHEREAS, the current owners have agreed to sell the property to an income-eligible household approved by the City; and WHEREAS, the owner's second mortgage loan to the City will be paid in full at the closing of said sale or June 14, 1996, and the City will provide a second mortgage loan to the new buyers in the same amount, $30,000.00; and WHEREAS, the persons buying the home from the current owners have signed a Resale Agreement, a copy of which is attached hereto, which will continue to assure that the property remain affordable to subsequent low-income purchasers for a period of 1 5 years from the City's initial sale of the property to the current owners. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest the attached Resale Agreement for the property located at 1109 Fifth Avenue, Iowa City, Iowa. Passed and approved this ].].th . day of ~]une ,1996. ATTEST:~ CIT'~'CLERK ~AYOR ~ Ap. roved by City Attorney's Office Resolution No. 96-174 Page 2 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ABSENT: X Baker X Kubby X Lehman X Norton ..... X Novick X Thornberry ~{ Vanderhoef the Resolution be Prepared by: Steve Long, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; (319)356-52§0 RESALE AGREEMENT FOR PROPERTY LOCATED AT 1109 FIFTH AVENUE This Agreement is made between Matthew and Julie Goodlaxson, (hereinafter "Buyers") and the City of Iowa City, Iowa, a municipal corporation (hereinafter "the City"). WHEREAS, Buyers executed a Residential Real Estate Purchase Agreement wherein they offered to purchase from Bradley and Elizabeth Johnson (hereinafter "the Johnsons") the following-described real property located in Johnson County, Iowa: Parcel "G" as shown and described on Plat of Survey of Lot 1 and the East half of Lot 2, block 44, East Iowa City, said survey recorded in Book 34, Page 56, Plat Records of Johnson County, Iowa Also described as follows: Commencing at the Northeast Corner of Lot 1, Block 44, East Iowa City, Iowa, according to the recorded plat thereof; Thence S00 O7'46"E, along the East line of said Lot 1, 87.57 feet, to the Point of Beginning; Thence continuing S00 07'46"E, along said East line 62.00 feet; Thence S89 53'12"E, 39.94 feet; Thence S00 01'34"W, 14.50 feet; Thence S89 52'53"E, 79.92 feet to the point of beginning. Said parcel of land contains 8,019 square feet, more or less, and is subject to easements and restrictions of record. with a street address of 1109 Fifth Avenue (hereinafter "the property"); and WHEREAS, the City constructed the modular house at said property with the intent to sell the property as an affordable home pursuant to the Consolidated Plan for Housing, Jobs and Services (CITY STEPS); and WHEREAS, the City previously sold the property to the Johnsons and provided the Johnsons a $30,000.00 loan secured by a second mortgage. The Resale Agreement between the City and the Johnsons required the property to be sold to an income-eligible family, as determined by the City, in the event of resale. WHEREAS, the City will provide Buyers a $30,000 loan. This loan will be secured by a second mortgage on the property and will decrease the original mortgage amount so that the home will remain affordable to families at or below 80% median income; and WHEREAS, Buyers qualify as an income-eligible family for the purchase of said property; and WHEREAS, the City desires that the property remain affordable to subsequent low-income purchasers for a period of not less than 14 years. 2 NOW, 1. THEREFORE, THE PARTIES AGREE AS FOLLOWS: The City's second mortgage in the amount of $30,000 becomes due on resale of the property from the sale proceeds regardless of when resale occurs. Buyers agree to pay the City the full amount of the $30,000 mortgage. If Buyers occupy the home until June 14, 2010, 14 years from the date of purchase, no restrictions shall apply to Buyers' resale of the property, except as stated in paragraph 1. In the event Buyers wish to resell the property prior to June 14, 2010, the property must be sold to an income-eligible household. The City will determine whether a prospective buyer qualifies as an income-eligible household, and the City must approve all prospective buyers prior to resale of the property. Should Buyers desire to resell the property prior to June 14, 2010, they must immediately notify the City of their intent to sell and must actively market the property. If Buyers are unable to secure a qualified buyer within three months of providing the City notice of intent to sell, the City may assist Buyers with mortgage payments, and the City may become actively involved in the marketing of the property. Any and all mortgage payments made by the City must be repaid to the City from the proceeds of the resale. If resale of the property occurs prior to June 14, 2010, the Buyer and the City shall share the appreciated value of the property. Appreciated value is the difference between the purchase price of the property and its market value at the time of resale, less the depreciated value of any improvements made to the house from the time of this Agreement to the date of resale. The depreciated value of improvements will be determined by an appraiser selected by the City. The percentage of appreciated value received by the Buyers as a result of the sale depends on the number of years the Buyer occupies the property prior to resale according to the schedule attached hereto as "Exhibit A". If Buyers are no longer able to continue making mortgage payments or fail to make mortgage payments for any reason, Buyers must immediately notify the City. The City may then elect to take over the mortgage payments until the property is sold. Any and all mortgage payments made by the City must be repa~d to the City from the proceeds of the resale. If the Buyers cease making mortgage payments, the City is entitled to receive 100% of the appreciated value of the property from the date of this Agreement to the time of resale. If the City elects not to take over the mortgage payments and the bank considers foreclosure, the parties agree that if the bank/primary mortgage holder agrees to same, the Buyers will grant the City of Iowa City a warranty deed in lieu of foreclosure by either the primary mortgage holder/bank or City as secondary mortgage holder, and thus title to the property shall temporarily pass to the City of Iowa City pursuant to this Resale Agreement and so that resale of the property can be carried out under Iowa 3 law. If the City so elects and if the primary mortgage holder/bank agrees, title would then be passed to the City, which title will be held temporarily and only for the purposes of resale and remarketing, and said property would not be deemed a public asset for purposes of the City's financial statement, nor as "city property" for taxing purposes and would thus not be removed from the tax rolls during this "interim marketing period" whereby the City will resell the house to an eligible property owner. This Agreement shall be deemed a covenant running with the land and title to the land, and shall be binding on and inure to the benefit of the parties for 14 years from the date of this Agreement. This Agreement shall be recorded in the Johnson County Recorder's Office at the City's expense. Signed this /! ~ day of -.~u.~ , 1996. BUYERS CITY OF IOWA CITY, IOWA Naorfii J. Nd~/tck,/Mayor Marian K. Karr, City Clerk BUYERS' ACKNOWLEDGEMENT STATE OF IOWA ) ) s: JOHNSON COUNTY ) On this (',~'~' day of _~ , 19_~._, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared '/~¢L,¢f ~ ~Z.~so~-~ _ and ~_('.,~ ~//~,.~,~ , husband and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa 4 ClTY'S ACKNOWLEDGEMENT STATE OF IOWA ) )s: JOHNSON COUNTY ) On this /~ day of -.~u~. , 1 9 ~/~ , before me, -~onc[~ ~ ~r,-~- , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian 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 ,~_ rd!na~e) (Resolution) No. ~/o ~ / q ~- passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the /! ~/~ day of --~n~- , 19 ~G , and that Susan M. Horowitz 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. Notary Public in and for the State of Iowa City Attorney's Office EXHIBIT A PERCENTAGE OF APPRECIATED YEAR SOLD VALUE EARNED BY BUYER 1 $ 2 10 3 15 4 20 5 30 6 40 7 5O 8 60 9 70 10 80 11 80 12 80 13 80 14 100 Prepared by: Denny Gannon, Asst. City Engineer, 410 E. Washington St., Iowa City. IA 52240 (319):356-5142 RESOLUTION NO. 96-175 RESOLUTION ACCEPTING THE WORK FOR THE OFF-SITE STORM SEWER PUBLIC IMPROVEMENTS FOR BOYRUM SUBDIVISION, PART 4, 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, Off-site storm sewer improvements for Boyrum Subdivision, Part 4, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa, WHEREAS, a maintenance bond has been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: Said public improvements are hereby accepted by the City of Iowa City, Iowa, and that dedications and public improvem. ents are hereby formally accepted.. Passed and approved this 11th day of June , 1996, ATTEST: CIT'~-C LER K MAYOR Approved by City Attorney s Office ~-~-~ It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X X X -X Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef ENG1NEER'S REPORT CITY OF I0 WA CITY May 28, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Boyrum Subdivision - Part 4 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the off-site storm sewer public improvements for Boyrum Subdivision - Part 4 has been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for the off-site storm sewer improvements constructed by Maxwell Construction, Inc. of Iowa City. I recommend that the above-referenced improvements be accepted by the City of Iowa City. As per the Storm Water Drainage Agreement between Hy-Vee Food Stores, Inc. and the City of Iowa City dated April 10, 1995, it was agreed that the City of Iowa City, upon final acceptance of the off-site storm sewer improvements by the City, will pay Hy-Vee Food Stores $125,000, which amount represents the City's cost-sharing of the off-site storm sewer improvements. Sincerely, Richat&t~"' FA. osse, P.E. City Engineer 410 £A$'I WASHINGTON STREET · IOWA CITY. IOWA 52240-1826 · (519} 356-.5000 · FAX {319) 356.5009 Prepared by: Kim Johnson, Engineering Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 96-176 RESOLUTION APPROVING AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN MERCY HOSPITAL AND CITY OF IOWA CITY, IOWA FOR USE OF PUBLIC RIGHT-OF-WAY FOR PLACEMENT OF AN ADDITIONAL TRAFFIC INFORMATION SIGN. WHEREAS, pursuant to Resolution No. 84-130 and amended by Resolution No. 93-260, Mercy Hospital and the City of Iowa City, Iowa entered into an "Indemnity Agreement" whereby the City gave Mercy permission to use public right-of-way for placement of certain informational traffic signs, which agreement was signed June 5, 1984 and amended October 7, 1993; and WHEREAS, Mercy Hospital now desires to install an additional information sign on public right- of-way, in order to facilitate traffic to Mercy Hospital's facilities; and WHEREAS, the City Engineer has reviewed the proposed additional sign, and finds that Mercy's request to install this additional sign will not adversely affect the City's interest therein; and WHEREAS, Mercy Hospital has agreed to enter into an amendment to the indemnity agreement for use of public right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Amendment No. 2 to the Indemnity Agreement, attached hereto, is in the public interest, and is hereby approved as to form and content. Subject to execution of Amendment No. 2 to the Indemnity Agreement, Mercy Hospital is hereby authorized to install and maintain an additional traffic information sign in the public right-of-way located on the south side of Bloomington Street west of Van Buren Street in Iowa City, Johnson County, Iowa, all as depicted in the diagram attached to Amendment No. 2 and marked Attachment A. The Mayor is hereby authorized to sign and the Clerk to attest Amendment No. 2 to Indemnity Agreement; and upon recommendation of the City Attorney's Office, the Clerk is hereby directed to record this resolution and Amendment in the Johnson County Recorder's Office, at Mercy Hospital's expense. Resolution No. 96-176 Page 2 Passed and approved this 11th day of ~lune ,199~. ATTEST'c~TY~L~RK ~' ~ MAYOR ~' ~~'/~ City Attorney's Office ~-~-~/~ It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby cedar a~legel~mercysgn.ms AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef AMENDMENT TO NO, 2 INDEMNITY AGREEMENT THIS Amendment No. 2 to Indemnity Agreement is made between Mercy Hospital, Iowa City, Iowa and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, pursuant to Resolution No. 84-130 and amended by Resolution No. 93-260 Mercy Hospital and the City of Iowa City, Iowa entered into an "Indemnity Agreement" whereby the City gave Mercy permission to use public right-of-way for placement of certain informational traffic signs, which agreement was signed June 5, 1984 and amended October 7, 1993, and which Resolutions and Agreements were recorded October 27, 1993, in Book 1641, pages 210-33 in the Johnson County Recorder's Office; and WHEREAS, Mercy Hospital now desiresto install an additional information sign on public right- of-way, in order to facilitate traffic to Mercy Hospital's facilities; and WHEREAS, the City Engineer has reviewed the proposed additional sign, and finds that Mercy's request to install this additional sign will not adversely affect the City's interest therein; and WHEREAS, Mercy Hospital has agreed to enter into an amendment to the indemnity agreement for use of public right-of-way. NOW, THEREFORE, in consideration of their mutual promises, Mercy Hospital and the City of Iowa City, Iowa agree as follows: The original Indemnity Agreement, together with the first amendment to the Agreement, are hereby amended as set forth in this "Amendment No. 2 to Indemnity Agreement" in order to facilitate Mercy Hospital's need to install an additional information sign on City right-of-way, namely on the south side of Bloomington Street west of Van Buren Street, in order to facilitate traffic to Mercy Hospital's facilities. The original Indemnity Agreement, together with the first amendment, were previously recorded October 1993 in Book 1641, pages 210-33 in the Johnson County Recorder's Office, end said documents shall remain in full force and effect except as explicitly set out herein. In consideration of the City's permission for Mercy Hospital to install an additional informational traffic sign, Mercy agrees to provide, keep in place and maintain said sign in good working condition, to the complete satisfaction of the City Traffic Engineer and the City Engineer and at the sole expense of Mercy Hospital. Mercy Hospital further agrees to install said sign according to the diagram marked "Attachment A," which is attached hereto and incorporated by reference herein, and to do so in compliance with City sign regulations and City traffic control provisions. All other provisions set forth in the original Indemnity Agreement and the first amendment, previously recorded in Book 1641, pp. 210-33 of the Johnson County Recorder's Office, shall remain in full force and effect except as to the additional sign permitted herein. 2 Dated this 11th day of CITY OF IOWA CITY, IOWA Naor~i J. Nc~ick/' Mayor ~une , 199~. MERCY HOSPITAL By: President MariaTr-K. Karr, City Clerk Approved by rney s Office ~-7-¢,~ CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis q dayof ..~_ ,19 ~, ,beforeme, ;S~(¢-~L~ ~-~¢-{-- , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian 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 (~) (Resolution) No. ~)~-/'7~, passed (the Resolution adopt.ed) by the City Council, under Roll Call No. ,--.__. _..of the City Council on the /! '/~ day of ...~u.q ~ ,19. ~, , and that Naomi J. Novick 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. Notary Public in and for the State of Iowa 3 MERCY HOSPITAL'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~¢ day of J~ ,A.D. 1 9. ¢g, before me, the under_signe. d, a Notary Public in a,nd ~or the State of Iowa, personally appeared ~¢A~. and L~n ~5 ~¢~ ,~o me personally kn~wn,~ho: b~ing~y me duly sworn, did say~hat they are the and ~U fip~,~ ,respectively, of said corporation executing the within and foregoing instrument to which this ts a~ached, that {no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto i~ the seal 9f s~d) s~id corporation by .autho[ity of its Board of Directors; and that the said ~t[~J~[~ ~ and ~ as such officers acknowledged the execution of said instrument to be th~ voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State "ATTACHMENT A" 400 6LOCX SIGN LOCATION ! · .GCX 47 40Q DLC~.K ~ P~epared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City. IA 52240; 319-356-5145 RESOLUTION NO. 96-177 RESOLUTION ACCEPTING THE WORK FOR THE PAVING PUBLIC IMPROVE- MENTS FOR KENNEDY'S WATERFRONT ADDITION, PART 3, LOTS 1-7, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, Paving improvements for Kennedy's Waterfront Addition, Part 3, Lots 1-7, 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 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 11th day of June , 1996. ATTEST: C~ Ap by · ~?' Office ~-~_ ~ ~torney s® It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby the Resolution be AYES: NAYS: ABSENT: X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ENGINEER'S REPORT CITY OF I0 WA CITY June 11, 1996 Honorable Mayor and City Council Iowa City, Iowa RE: Kennedy's Waterfront Addition, Part 3, Lots 1-7 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the paving improvements for Kennedy's Waterfront Addition, Part 3, Lots 1-7 has been completed in substantial accordance with the plans and spedfications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's Office for 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, Rich~ Fosse, P.E. City Engineer 410 EAST WASHINGTON STREET · IOWA CITY. IOWA ~2240-1526 · (~19) 336-3000 m FAX (319) 2l$6-~009 Prepared by: Charles Schrnadeke, PW Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5141 RESOLUTION NO. 96-178 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA FOR USE OF THE SILURIAN WATER WELLS AT BURGE HALL. WHEREAS, the University is the owner of two silurian water wells within the University property at Burge Hall; and WHEREAS, the City and University entered into a five year agreement for Qty use of the wells on July 31, 1991; and WHEREAS, the City and University desire to extend the term of the agreement another five years until July 31, 2001; and WHEREAS, all other terms and conditions of the agreement shall remain unchanged. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 10WA CITY, IOWA, THAT: The Amendment No. 1 to the Agreement between the City and the University attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this l~,th day of June ,1996. ATTEST:c,T MAYOR Approved by Cid/Attorney's Office ~. &. ~'~' Resolution No, Page 2 96-178 It was moved by Norton and seconded by adopted, and upon roll call there were: Kubby AYES: NAYS: ASSENT: X X X X X the Resolution be Baker Kubby Lehman Norton · Novick Thornberry Vanderhoef AGREEMENT FOR THE USE OF THE SILURIAN WATER WELLS AT BURGE HALL AMENDMENT NO. t The University of Iowa and the City of Iowa City entered into an agreement dated July 31, 1991, allowing the City of Iowa City to use two Silurian water wells within the University property at Burge Hall. The term of the agreement is for five years ending July 31, 1996. The City of Iowa City has requested and the University of Iowa is agreeable to a term extension of an additional five-year period to July 31, 2001. All other terms and conditions of the agreement remain unchanged. CITY OF IOWA CITY APPROVED AS TO FORM -- ~3ity Attorney s Office DATE: ~ ~ ~ - ~E' UNIVERSITY OF IOWA B icha~~F~~ Busine[ss Manager DATE MJF:Ik h~wor~finneg a n~-bu[wells Council Member Wnrt~rhn~f introduced the following Resolution hereinafter set out entified "RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $295,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996", and moved its adoption. Council Member Thornberry seconded the motion to adopt. The roll was called and the vote Was, AYES: Baker, Kubby, Lehman, Norton, Novick, T~rry, Vanderhoef NAYS: None Whereupon, the Mayor declared the Resolution duly adopted as follows: gESOLUTION NO. 96-179 RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $295,000 GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996 WHEREAS, the City of Iowa City, Iowa, sometimes hereinafter referred to as the City, is a municipal corporation duly incorporated, organized and existing under and by virtue of the Constitution and laws of the State of Iowa; and WHEREAS, it is deemed necessaqt that the City should enter into a Loan Agreement and borrow the mount of $295,000 as authorized by Sections 384.24, 384.24A, 384.25 and 384.26, Code of Iowa, as amended; and WHEREAS, proposals have been requested and received from fmancial institutions offering to enter into such Loan Agreement; and WHEREAS, after a review of all the proposals received, it has been determined that the best and most favorable proposal is that of Dai n Sosworth, Inc. , of Iowa City, Iowa ;and -4- WHEREAS, it is the intention of this Council to enter into a Loan Agreement in accordance with said proposal dated dune 11 ,1996: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section 1. That this Council does hereby accept the attached proposal of Dain Bosworth, Inc. , of Iowa City, Iowa , and takes additional action to permit the entering into of a Loan Agreement. Section 2. The Mayor and City Clerk are authorized and directed to proceed on behalf of the City to enter into such Loan Agreement, to negotiate the final terms of a Loan Agreement, to take all action necessary to permit the entering into of a Loan Agreement on a basis favorable to the City and acceptable to the Lender, and to proceed to meet the conditions of this accepted proposal. PASSED AND APPROVED this 11th day of June, 1996. Mayor , ATTEST: SBROWN~42844~B10714041 -5- This being the _time and place for the opening of bids for the sale of $295,000 General Obligation Capital Loan Notes, the meeting was opened for the receipt of bids for the Notes. Bids were filed and listed in the minutes while unopened, as follows: Name & Address of Bidden: Bidder Dain Sosworth, Inc. First National Bank Iowa State Bank & Trust Address Iowa City, Iowa Iowa City, Iowa Iowa City, Iowa ($)NIC .(%)NIR 46,970.00 4.9703 63,811.50 6.75 70,263.00 7.43 Whereupon the Finance Director declared the time for filing of bids to be closed. Whereupon, the Finance Director declared the bids be opened. The bids were opened and the best bid was as follows: Name&AddressofBidder: Dain Bosworth, Inc. of Iowa City, Iowa Net Interest Rate: 4.9703 % Net Interest Cost: $46,970.00 Whereupon, all bids were referred to the Council for action. -2- C ty of Iowa City MEMORANDUM Date: June 11, 1996 To: From: Fie: City Council Donald Yucuis, Finance Director June 11, 1996, Agenda Item #6 RESOLUTION DIRECTING THE ACCEPTANCE OF A PROPOSAL TO PURCHASE $295,000 OF GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 1996 Attached you will find the reported bids and recommendations from me for the $295,000 general obligation capital loan notes, series 1996 pertaining to the bid opening that occurred today at noon. Three bids were received. The low bid was received from Dain-Bosworth, Inc. at a Net Interest Rate (NIR) of 4.9703%. The other two bids received from two local banks were quite a bit higher due to the notes not being bank qualified and, therefore, handling costs could not be expensed by the banks to keep this note in their portfolio. I'm recommending that we accept the bid from Dain-Bosworth at a 4.9703 and a $46,970 Net Interest Cost. SDff BY: 31~=~500~;# 1/ 1 Awr~le Cm~m N I '" X 4.~/{~70 ~ Using 10Q.OOd~000 pr~pe~ by Ev(~,men Oo~je, ]n~. FILEN-4i~: l(: I~Y: CLN Prepared by: Cathar~ne Eisenhofer, Purchasing Agent, 410 E. Washington St., Iowa City, IA 52240 319-356-5075 RESOLUTION NO. 96-180 RESOLUTION AUTHORIZING THE CITY [VlANAGER TO EXECUTE CONTRACTS FOR VARIOUS PURCHASES IN ACCORDANCE WITH THE ANNUAL OPERAT- ING BUDGET, CONTRACTS FOR PUBLIC IMPROVEIVlENTS WHEN THE TOTAL COST OF SUCH PUBLIC IN1PROVEMENT DOES NOT EXCEED THE SUM OF $25,000, AND FOR PROFESSIONAL SERVICES WHEN THE TOTAL COST OF SUCH SERVICES DOES NOT EXCEED $50,000. WHEREAS, pursuant to Resolution No. 85-366, adopted and approved on December 17, 1985, the City Council authorized the City Manager, to initiate and enter into contracts for purchases in accordance with the Annual Operating Budget, with the exception of public improvement contracts where the estimated total cost exceeds twenty-five thousand dollars ($25,000) as required by state law; and WHEREAS, the same Resolution No. 85-366 also authorized the City Manager to execute service contracts where the total cost exceeds twenty-five thousand dollars ($25,000); and WHEREAS, the language of the resolution should he clarified to ensure that authority exists for the City Manager to sign all service contracts approved during the budget process regardless of dollar amount, and also that the City Manager is authorized to execute professional services contracts without City Council approval when the total cost does not exceed $50,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Resolution No. 85-366 should be and the same is hereby rescinded. The City Manager is hereby authorized to initiate and execute, without City Council approval, the following contracts in accordance with the annual operating budget as approved by the City Council: A. Purchases of commodities, operating services, and capital outlay. Public improvements contracts where the total estimated amount does not exceed twenty-five thousand dollars ($25,000). In addition to those items approved during the budget process, the City Manager is hereby authorized to initiate and execute, without City Council approval, contracts for professional services (e.g. engineering, architect) where the total estimated amount does not exceed fifty thousand dollars (~50,000). Resolution No. 96-180 Page 2 Passed and approved this 11th day of June ,1996. ATTEST: ~(~ ~. ~J CIT~'-CLERK MAYOR Approved by ~. Ci~ Attorney s Office~. ~_ ~ It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: Baker Kubby Lehman Norton Novick Thornberry Vanderhoef City of Iowa City MEMORANDUM June 5, 1996 TO: Steve Atkins, City Manager Linda Woito, City Attorney FROM: Cathy Eisenhofer, Purchasing Agent RE: Modification to Resolution No. 85-366 A modification is necessary to clarify the language in Resolution No. 85-366 to insure that consistent authority exists for the City Manager to be authorized to initiate and execute purchases and contracts in accordance with the Annual Operating Budget. Craig Standish, City Controller has requested clarification to the authorization level of the City Manager for services over $25,000. The following request for modification will not affect any legal or procurement procedural framework. Public Improvement Contracts over $25,000, as required by Code of Iowa, continue to require City Council action. The City Manager's authorization for professional services contracts is to be increased from ~25,000 to 950,000. The request to modify the resolution results from the discrepancy between the Resolution No. 80-397, which gave the City Manager authority to authoriz6 ALL purchases in accordance with the Annual Operating Budget excluding Public Improvements exceeding $25,000 and Resolution No 85-366 resulting from a December 10, 1995 memo addressing "Professional Services". Procedurally I have always operated within the framework that "service" related to Professional Service as in the previous City Manager's interpretation and not the service of ie: telephone, uniform rental, maintenance of equipment and repairs of structures and vehicles. This procedure has enhanced the efficiency and effectiveness of the procurement function and I'm recommending this not change. With your approval, a new resolution has been added for City Council action June 11, 1996. CC: Director of Finance Controller Prepared by: Anne Burnside, First Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240; 319-356- 5030 RESOLUTION NO, RESOLUTION AUTHORIZING CONSTRUCTION AT THE IOWA CITY MUNICIPAL AIRPORT OF A 100' BY 100' HANGAR BUILDING WITH A 20' BY 40' ATTACHED OFFICE AREA. WHEREAS, it is the intent of the Iowa City Airport Commission to attract and accommodate corporate and business aircraft at the Iowa City Municipal Airport; and WHEREAS, the proposed 1996 Airport Master Plan calls for additional hangar space which can accommodate such aircraft; and WHEREAS, the Airport Commission is currently negotiating with tenants to base their aircraft at the Airport; and WHEREAS, additional hangar space would be a capital asset for the Airport, which should increase airport revenue by increasing the number of based aircraft at the Iowa City Municipal Airport; and WHEREAS, the $356,900.00 cost of the project would be financed through an inter-fund loan, to be repaid through hangar rental fees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT, the Mayor is hereby authorized to sign and the City Clerk to attest a resolution authorizing the Airport Commission to proceed with construction of a 100' by 100' multi- plane hangar building with a 20' by 40' attached office area at the Iowa City Municipal Airport. Passed and approved this day of ,1996. ATTEST: CITY CLERK MAYOR Prepared by: Dale Helling, Assistant City Manager. 410 E. Washington St.. Iowa City, IA 52240; 319-356-5013 RESOLUTION NO. 96-181 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610, TO BE EFFECTIVE JULY 4, '1996, THROUGH JUNE 30, 4997. 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, 1996, through June 30, 1997, 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 ].].th day of June , 1996. CITY- CLERK MAYOR City Attorney's Office ~;_ ~ ~ ~,~. Resolution No. 96-181 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X X X X X X X Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL IAFF, AFL-CIO, LOCAL #6t0 FIRE FIGHTERS JULY '1, 'i996 TO JUNE 30, '1997 TABLE OF CONTENTS PAGE Preamble .......................................................... 1 Article I-- Recognition ................................................. 2 Article Article Article Article Article Article Adicle Article Article Article Article Article Article Article Article Article Adicle Article Article Article Article Article Article Article Article Adicle Adicle Article II - Management Rights .......................................... 2 III - No Stdke - No Lockout ........................................ 3 IV - Dues Check Off ............................................. 3 V -- Hours of Work .............................................. 4 VI -- Overtime .................................................. 6 VII - Special Leaves ............................................. 7 VIII- Holidays ................................................. 9 IX -- Sick Leave ................................................ 10 X - Vacations ................................................. 12 XI -- Union Activities ............................................ 13 XII - Uniforms and Equipment .................................... 14 XIII-- Insurance ............................................... 14 XIV -- Duty Outside the City ....................................... 15 XV - Training Programs ......................................... 15 XVI- Bulletin Boards ............................................ 16 XVII- Personnel Transactions .................................... 16 XVIII - Discip!ine .............................................. 16 XIX - Transfer Procedures ....................................... 17 XX - Supplemental Employment ................................... 17 XXI- Safety .................................................. 18 XXII -- Grievance Procedure ..................................... 18 XXIII - General Conditions ....................................... 20 XXIV - Waiver ................................................ 21 XXV -- Savings Clause .......................................... 22 XXVI - Duration ................................................ 22 XXVII - Wages ................................................. 22 XXVIII - Other Compensation ...................................... 23 XXIX - Use of Time Off .......................................... 24 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: ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Prefessional Fire Fightere, I.A.F.F. AFLJCIO, 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 Marehal, 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 greup, individual, 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 memberehip 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: To direct the work of its employees. To develop, implement and enforce work rules, safety standards, performance and productivity standards. 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. To discipline, suspend or discharge employees for just cause. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. 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. 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. To take such actions as may be necessary to carry out its mission. To initiate, prepare, certify and administer its budget. 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 stdke 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 stdke 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 Article shall be subject to immediate disciplinary action including discharge by the City. "Strike" means a public employee's refusal, in concerted action with others, to report to duty, or his willful absence from his position, or his stoppage of work, or his abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment. Section 2. No Lockout. The City agrees not to lock out employees as a result of 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 vedfy the dues structure to the City in a letter signed by the President and notadzed. 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 pad of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of wdtten 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. 3 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: 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 request directly to the Battalion Chief. The Fire Chief and Battalion Chief will approve or deny the request, but permission to trade will not be denied without reason. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. 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. Staffin,q. 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. Pav outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a pedod which exceeds 24 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 second step rate of the rank being replaced, whichever is higher. 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. 4 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 (1½) 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: Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have pdodty 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. 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 Dub/. A continuous shift employee (56 hours/week) assigned to administrative duty (referred to as "light duty") with a forty (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: Annual hours worked: Holiday time: 56 hours/40 hour = 1.4 2912 hours/2080 hours = 1.4 135 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 overtime will be paid in 5 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 right to refuse an overtime assignment shall be limited to the first three (3) employees asked to report to work on a particular work day. Thereafter, overtime shall be mandatory. The Fire Chief shall make assignments as soon as he/she knows of the need. There will be no pyramiding of overtime. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employee or by compensatory time off at the rate of one and one-half (1-1/2) hours of each hour of overtime worked. Permanent employees may accumulate up to 48 hours of compensatory time which may be taken off at times agreed upon by the employee and the supervisor. The Chief will consider departmental staffing needs, financial consider- ations, 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 pedod 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 pedod 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 prier 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 call-m 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 suppJement, 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 6 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 Injury. 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 up to 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, 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. 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, recommended 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, dudng that period, if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists the employee will be offered vacancies in related areas or other vacancies at the City for which the employee is otherwise qualified. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work pdor 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; shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; 7 d. shall not earn sick, vacation, or other leave; must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences; 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: For any calendar month dudng 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. 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 foreach calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. The employee may choose which insurance coverages, if any, are to be retained dunrig the unpaid leave of absence. 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 C~ty 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 militaPj leave. 8 Section 7. Votin.cl Time. An employee shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. If available, transportation will be provided within Iowa City. Section 8. Preclnancy 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 during 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. An employee who takes a leave pursuant to this section shall return to work as soon as she is medically able. 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 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 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 emp!oyees 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 pedod of twenty-four (24) hours thereafter. 9 Section 4. In lieu of overtime pay for working on a holiday, a payment of $150 ($15.00 per holiday) 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 I 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 XXVlI, Section 1 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 emp!oyee 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. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work dudrig 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; 10 (2) Serious illness or hospital confinement of a spouse or child, or cdtical illness of the employee's mother, father, mother-in-law, father-in-law, brother, sister, or grandparents, as well as any other relatives or members of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence, provided the employee's presence and efforts are needed. Critical illness is defined as a life threatening illness or malady. Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her 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 unab!e to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other accumulated 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. 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 Sink Leave Bank. 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- 11 Union committee may waive such payback due to the death or permanent disability of the employee. 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. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Lenqth of Service Hours Per Month Hours Per Year 0-5 years 5 years I day-10 years 10 years 1 day-15 years 15 years 1 day-20 years More than 20 years 12 hours (6 shifts/yr) 16 hours (8 shifts/yr} 18 hours (9 shifts/yr) 20 hours (10 shifts/yr) 22 hours (11 shifts/yr) 144 192 216 24O 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be two hundred eighty-eight (288) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the 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 pedod of six (6) continuous months. (This may occur prior to the completion of probation.) Between November 1 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. 12 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 Meetin.qs. 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 Chiefis permission and such employees must be available for fire calls. Such meetings will be held at times when they do not inter[ere 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 wdl 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 wdting 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 annualmeeting ofthelowa Association of Professional Firefighters Convention. The Umon 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 d~e to the replacement. Section 5. Ne.qotiations. 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 dudng the negotiation period. 13 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) Necktie 5 short-sleeve shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform tee shirts (annually) Department patches/badges Firefighting gloves Turn out coat Firefighting helmet SCBA facepiece Spring/fall jacket Belt 5 long-sleeve shirts 1 pair uniform shoes 1 uniform sweatshirt (annually) Firefighting boots Turn out pants Firefighting hood Personal Alert Safety Device 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 ChieFs determination of need. The City will compensate unit employees for the replacement cost of eye glasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. ARTICLE XIII INSURANCE Section 1. Medical Health Insurance. The City will provide the health insurance 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 twenty dollars ($20.00) 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. D~sputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The par/ies agree to actively pursue incentives and/or alternatives to the existing health care plan and p!edge 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 padies fail to agree, they will proceed to arbitration pursuant 14 to Article XXll. 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 dollare greater than annual salary. e.g., If an employee's annual salary is $12,240, the face value of the life insurance policy is $13,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental 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 XIV 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 primary 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. The City and the Union agree to support and administer the Apprentice Program (Department of Labor) currently in operation. 15 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 pdor 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 wa;Is, 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 posibon 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 nghts and responsibili- ties under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Employees shall elect to pursue appeals of 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. 16 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: Oral reprimand or warning (to be accompanied by wdtten notification of same at the time of such disciplinary action or within one working shift after such action). Written reprimand or warning. Suspension with loss of pay. 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 wdtten 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: Two (2) employees desire to trade battalions, OR, 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 XX 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 right to disapprove such outside employment under the provisions of Section 1 of this Article. 17 ARTICLE XXl ,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 dsks 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. Safety Committee. A 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 safety. Their duties shall include but not be limited to: Conducting safety lectures as needed. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). Conduct safety checks in all stations and forward results to Fire Chief. Conduct Committee meetings quarterly (if needed) to discuss Safety and related topics. Section 5. Drug Testing The City and the Union recognize the rights and responsibili- tres 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 18 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. 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 Gdevant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Gdevant 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 dse 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 representa- tive), 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 gdevant and/or representative within ten (10) calendar days. If no response is received, the gdevant shall proceed to Step 3. Step 3.. If the grievance is not resolved at Step 2, the gnevant 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 pady 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 19 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 stdke two names from the panel. A coin toss will determine who stdkes 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 wdtten 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 heanng 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 padies may mutually agree. Either party shall have the dght to record the evidence presented at the arbitration hearing. Arbitration headngs 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 shall be certified by the Union to the City. Representatives or agents of the parties may be present at grievance committee meetings. The function of the Grievance Committee will be to meet and confer as needed during the life of the contract for the purpose of discussing problems between the parties arising out of the administration of this contract. ARTICLE XXIII GENERAL CONDITIONS Section 1. This Contract shall be construed under the laws of Iowa. Section 2. The City and the Union agree they will not act to discriminate because of race. creed, color, sex, age, national origin, 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. 2O Section 3. Parkin,q. 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. Forty-five (45) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) dudng the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. 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 wdtten provisions of this' Contract will not be modified except by authorized representatives of the parties. The Contract supercedes and cancels all previous agreements bebNeen 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 dght to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. 21 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 tdbunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither panty 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, 1996, and June 30, 1997, and shall continue from year to year thereafter unless wdtten notice to change or modify it is served by either party pdor to August 15 of the year preceding the expiration date of this Contract 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. Effective dates over the next four years are as follows: June 28, 1997 June 27, 1998 June 26,1999 June 24,2000 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by two and eight-tenths (2.8) percent at the beginning of Fiscal Year 1997, said adjustment to become effective on the appropriate date as defined in Section 1 above. A copy of the pay plan for FY97 is attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step B - after six (6) months at Step A. Step C - after six (6) months at Step B. Step D - after one (1) year at Step C. Step E - after one (1) year at Step D. Step F - after one (1) year at Step E. 22 Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall receive the greater of a one step increase or increase to the salary range minimum upon promotion and shall be eligible to receive a one step increase, not to exceed the salary range maximum, one year following the promotion. ARTICLE XXVltl 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: All computations will be based on changes in the revised Consumer Pdce Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Cledcal Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May, 1996 for FY97. 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. 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. 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. Longevity 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: 23 Lenqth of Service on December 1 5 years 1 day - 10 years 10 years 1 day - 15 years 15 years 1 day - 20 years 20 years 1 day - 25 years 25 years 1 day + $275.00 450.00 600.00 750.00 1,000.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates afler December 1 will reimburse the City on the same proration. Section 3. A payment of $525 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return $200.00 of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Defibrillator as of the first day of the contract benefit pedod as defined in Article XXVII, Section 1 above, shall receive a payment of two hundred and seventy- five dollars ($275.00) on the second pay day of the fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies goveming the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: In emergency situations. VVhere 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. Ifno replacement is secured, the scheduled time offis 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. 24 CITY OF IOWA CITY, IOWA ASSISTANT u~!TY,//MANAG~/ Date: J~.n~ By: By: Date: IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 .~ODa3Ved By , / , . Clty Attorney's Office ~ _& ..~ 25 I,LI IOWA APPENDIX B / 5OO IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and MaJor Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. Hotever, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the nmnber of family me~ers. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: * One reutine annual physical examination in a doctor's office or clinic Home and office calls needed to diagnose or treat a medical condition * I~unizattons required by a Subscriber or any person in a SubscriberDs family The idea behind IOWA 500 coverage? To encourage continuing medical ~elf-maintenance and help reduce the length and numbeF'of unnecessarz hospital stays· These effort, of course, can help keep health care ~its-oand raEes~in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE gO/lO Inpatient · Semi-private room and board · Necessary services and supplies · Operating roans, intensive care, coronary and burn care units Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor Necessary laboratory and x-ray services PHYSICIAN SERVICES 90/10 Home and office vists One routine annual physical exam P~e-natal and post°natal care in physician's office In~untzations Hospital visits and nursing facility visits Outpatient · Surgery Diagnositc x-ray and laborato~ services · Accident care HOME HF.~kLTH CARE gO/lO · Services provided by a Registered Nurse · Services prescribed by a physician NERVOUS AND MENTAL 90/10 -Outpatient o 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 -~ U~Timited ~oom and Board · Services and supplies THE IOWA 500 PLAN COVERS THESE OTHER S£RV[CES: These',otheP services are subject tO a $100 contract deductible per calendar year · Prescriptions · Anesthetics . Blood plasma o Casts , · Crutches . 0urablemedtcel equipment · .Other supplies when ordered by a physician Nursing Services · Private-duty nursing services Aznbulance · Air · $round DEDUCTIBLES ANO COPAYMENT o Hospital - The Subscriber is responsible for the first two days of se~l~ private room and board. .'~,"- --- - -. -_ -- Per Hospital Admission. ' ~:;-'- ~-' ' o Physician ~ The subscriber pays 10Z oft he physician's Usual, Custoamry and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. · Other Supplies/Services - The subscHber pays the first $100 per contract per calendar year for medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ~mbulance services, home health care and braces. When the subscrtber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays 100% of all remaining charges. If the subscrtber's expenditures for hospital, physician, and/or other services do not reach $500, the subscriber pays 10% of all renaining charges up to a total maximu~ expenditure of $500. {Outpatient treatment for nervous and mental conditions is paid gO/lO co-payment until the $10,000 Lifetime ~ximum is met. Co-payment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum. CARRYOVER OF DEDUCTIBLE ~xpense~F6r covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. $100 Summary of B.nefit DELTA DENTAL COVERAGE beDeEta .Deere! Pine of I~eve ..~ver~ge n~t oniy I~d-- ~ verl~y of n~t~ ~t mso ~n~u~g~ ~mely I~ ~ ~ntal miletenant. More ~an ~ of ~e ~ntl~ In ~a ~nlcl~e in the ~1~ ~ntal pr~r.m. ~lta ~ntal ~yme~ Is ~ on Usual. Cu~oma~ and Readable mllowa~. subj~ to ~du~ble m~ ~payment provl. talons of ~ p~mm, Y~r ~a ~ntal proram In~udes e 'm~l~! ~I~ pmvlsion ~ enmums ~ver~e fm ~n~l ~ pr~d~ ~hin general~ ~ed ~n~l pm~l~ Uke Blue Cm~ and Blue 5hleld ~ ~, ~e ~ ~ntal Plan ~ ~aims dir~ ~om ~l~p~ing de~. ~d ~ ~y them direly for you. ~t ellminlt~ ~eim~handli~ ~o~ for you and your employes ~ and Mv~ valuable ~me and mon~. To pr~ide a pr~m to ~ your mmpanV, ne~s, ~lm ~n~l Plan ~e~s are ~allable ~h d~, ~en~ and ~1. mum ~ment allowa~ for ~emd ~. These benefits are combined to meet your needs: Pmv~tive M~lnt~n~ b~nefit Includes: · H~ne ch~u~ ~ ~x-month in~als Including b~ewing 12-mon~ intewals. e Temh cleaning ohm ~e~ six monks. · Topi~l fluoride appll~tions as pr~fi~d but no more than on~ ~e~ six mont~. · Full~omh x.raW o~ In any ~r~y~r Jntewal unle~ ~ is demon~r~. Horne H~om~e ~n(~ pro,des ongoing ~m including: · Regular ~ fillings. · Oral surge~ (including pr~ and ~.ope~tive ~m). · Emergen~ trea~e~ for relief of pain. Major R~o~e ~n~ ~ve~: · High~ fillings, · ~ r~ora~ons. · Root ~nal fillings, · Non-surgi~l treatment for gum disuses. De~ I~mf~l I~n offowl Delta Dental Plan of k~we PATE QUOTATION PL~ II I~)gram Benefits ~ Preventive Maintenance [~ Routine Restorative ~ Major Restorative [::] Dental ProPhetice ~ Periodontics ~ Orthodontics [] Dependents to age [] Full-time students [] Adu~ ~lngl~arnlly (Annual) $ - ---.___ % $_ ~5/75 50 % $ · _50 % $ $ ....... % Program Maximums Single $ 500 per year Family S 500. per member, per year Lifetime benefit maximum on Orthodontics $ Program Rates' Single $ per month Family $_ ---- per month These rates guaranteed for 2_.I.L. months beginning on 7-:1-85 if purchased by 7-_._~:.~_._. *Rates quoted here are based upon cenlu$ information I~ov dad an / ! / ; .~.~, ~,,i..v .~ u. ,u~, e~[g~o,e employees for the duration of the COntracL g 'i~ie is e general de~ription of coverage. It is no! a statement of COverage i~ sui~ject to ~e term3 and ~,na;,; ......... cont act. ACtual and enrollment regulations in ~,,..-. :..~-"--"?.:~"'=' at,'~-r. me~ m the contract itself ..-,,.~ ,,,,~s,, me COntrlcl becomes eftacave D~ta Dental Plan 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 1 hour of time taken, 1.4 hours will be reflected on the accrual usage. Work Week: Annual Hours Worked: Holiday Time: 56 hours/40 hours = 1.4 2912 hours/2080 hours = 1.4 123 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 Step 3 FY97 18.65 19.40 20.29 1,492.00 1,552.00 1,623.20 38,792.00 40,352.00 42,203.20 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 XXVll 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, 1996 to June 30, 1997. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: Assistant City Manager By: President Date: fires~de.ltr Date: Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St.. Iowa City. IA 52240 (319) 356-5252 RESOLUTION NO. 96-182 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR PARATRANSIT SERVICES DURING THE FIRST SIX MONTHS OF FY97. WHEREAS, it is in the public interest to provide paratransit service to Iowa City residents who have special transit needs due to disability; and WHEREAS, the Johnson County SEATS program is designed to provide paratransit service for persons with disabilities; and WHEREAS, an agreement has been negotiated by the City of Iowa City and Johnson County for the provision of paratransit service within the City of Iowa City during the first six months of FY97, and a copy of said agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the 28E agreement for paratransit service between the City of iowa City and Johnson County is hereby approved. That the Mayor is hereby authorized to execute and the City Clerk to attest said agreeme,,t. That the City Clerk is directed to file said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Chapter 28E, Code of Iowa. Passed and approved this 11th day of June , 1996. CITY'CLERK MAYOR City Attorney's Office · Resolution No. 96-182 Page 2 It was moved by Kubbv and seconded by adopted, and upon roll call there were: Lehman AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef Prepared by: Jeff Davidson, Transportation Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5252 28E AGREEIVIENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE FIRST SIX iViONTHS OF F~97 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as Iowa City, and Johnson County, Iowa, hereinafter referred to as the County. Section L Scope of Services The County shall provide paratransit service consistent with the Americans with Disabilities Act to Iowa City through the Johnson County SEATS program. Paratransit is public transit service for persons who, for reasons of disability, are unable to use fixed-route transit service. "SEATS" is an acronym for Special Elderly and Handicapped Transportation Services. Section/I. General Terms The paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. The paratransit service shall commence July 1, 1996, and continue for six months through and including December 31, 1996. The paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until 10:30 p.m. Monday through Friday; 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The operation of paratransit service shall specifically include Martin Luther King's Birthday, Presidents Day, Veterans Day, and the day after Thanksgiving. The paratransit service shall operate a holiday schedule consistent with Iowa City Transit. The paratransit service shall be operated as door-to-door service. If requested, Johnson County SEATS operators shall assist passengers from the door of the origin to the door of the destination of each trip, including assistance in carrying grocerms and packages. Johnson County SEATS operators shall be sensitive to the needs of passengers with disabilities. Iowa City reserves the right to require sensitivity training of Johnson County SEATS operators. The paratransit service shall be operated with a $1.50 fare. Fares collected shall be retained by the County. Fare revenue collected in excess of $15,400.00 between July 1, 1996, and December 31, 1996, will be refunded to Iowa City. The only exceptions to the $1.50 fare shall be specific individuals designated by Iowa City as being entitled to a discount of the $1.50 fare. Fare revenue shall be reconciled with the daily trip sheets by Johnson County SEATS and fully accounted for in Johnson County SEATS records, which records shall be available for inspection by Iowa City upon request. 2 The paratransit service will be predicated on the following number of vehicle hours per day operated in integrated service for Iowa City and Johnson County: # of Time Period Vehicles* M-F 6-7 A.M. 2 M-F 7 a.m.-5 p.m. 11 M-F 5 p.m.-10:30 p.m. 2 Sat. 6-8 a.m. 2 Sat. 8 a.m.-2 p.m. 4 Sat. 2 p.m.-7:30 p.m. 2 Sun. 8 a.m.-2 p.m. 4 Vehicle Hours/Day* 2 110 11 4 24 11 24 Includes City of Coralville Based on paratransit service demand, Johnson County SEATS may operate a greater or lesser number of paratransit vehicles during the various time periods. Iowa City shall retain the right to direct Johnson County SEATS to operate a specified number of vehicles in each time period. Vehicles operated by Johnson County SEATS shall be clearly marked as City of Iowa City, and Johnson County (including City of Coralville) paratransit vehicles. Iowa Citv shall provide signage for the purpose of identifying vehicles that are in use as Iowa City-Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City-Johnson County paratransit service shall be neat and clean in appearance. The County shall be familiar with the Johnson County Council of Governments (hereinafter "JCCOG"} Complementary Paratransit Plan for the Iowa City Urbanized Area, and will conduct the paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based on a certification process. Johnson County SEATS shall notify Iowa City of requests for ADA certification on a weekly basis, at which time the applicant shall be entitled to continue to use SEATS for a 21-day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Priority for the paratransit service will be given to persons certified under the ADA. The County will accept trip requests during office hours on all days prior to the date of the requested service, and will accept requests for Monday trips made on the prior Sunday. The dispatching function shall be provided by Johnson County SEATS employees. In addition to dispatching the paratransit service, Johnson County SEATS will dispatch trip requests for non-lift equipped paratransit service through a supplemental private taxi contract. The taxi service is intended to provide supplemental rides for ADA~ eligible persons not requiring a lift-equipped vehicle during times when capacity is not available on SEATS vehicles. The supplemental taxi service shall be dispatched according to requirements of the supplemental taxi service contract between Iowa City and Johnson County. 3 10. 11. 12. 13. 14. 15. 16. The following no-show policy shall be in effect: A no-show shall be defined as the failure to cancel a scheduled ride at leest thirty (30) minutes before the scheduled pickup time. if a rider is a no-show two or more times in any given thirty (30) calendar day period, Johnson County SEATS will attempt to contact the rider to determine the legitimacy of the problem. The County shall notify Iowa City of any riders that have been no-shows two or more times within a 30-day period. Upon notification, Iowa City shall send a written warning to the rider stating that failure to cancel two {2) times in the next 30-day period will result in suspension from paratransit service. This no-show policy includes rides scheduled under the supplemental taxi contract. Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition, Johnson County SEATS shall implement a management information system consisting of information for each trip provided using the form attached and identified as "Form A." Form A information shall be accumulated on a weekly basis and submitted to Iowa City no later than Wednesday of the following week. Iowa City Transit employees shall assist Johnson County SEATS in implementing the documenta- tion of all trips using Form A. Johnson County shall use a computerized management information system, which will enable Iowa City to receive Form A information in a summary format. Johnson County SEATS shall provide Iowa City with a list of all riders referred to in the supplemental taxi service on a weekly basis. Johnson County SEATS shall comply with the Federal Transit Administration drug and alcohol testing requirements, and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. The County shall certify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements required by the Federal Transit Administra- tion. Johnson County SEATS employees shall have all commercial drivers licenses required by Iowa law. The County agrees to be responsible for the acts of Johnson County SEATS employees while on duty, except as otherwise prohibited by law. Before commencing work under this contract, Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class II requirements. Johnson County SEATS shall consider all requests for service from the public consistently. Requests for service which exceed the level of service provided to the general public of Iowa City according to the provisions of this Agreement shall require a separate contract between Iowa City and the County. Provisions of separate contract service by Johnson County SEATS shall not diminish the provisions of service to Iowa City according to the requirements of Section II, paragraph 6 herein. Johnson County SEATS shall be charged $5,000.00 to use the following Iowa City Transit facilities from July 1, 1996, through December 31, 1996: a= Driver's room; Vehicle storage areas; and Vehicle wash facilities. Johnson County SEATS shall be permitted to use the Iowa City Transit Fueling Facility at a cost of $20.00 per month plus fuel expense. 4 Section III. Compensation The County shall be reimbursed by Iowa City at a rate of $45,833.00 per month, for a total six month contract fee of $274,998.00. Checks shall be released as payment to the County on the first check release date of each month by Iowa City. These amounts represent the total six-month fee for the provision of paratransit service by the County to Iowa City for the six-month period from July 1, 1996 through December 31, 1996. Section IV. Duration This Agreement shall be in effect from July 1, 1996 through December 31, 1996. This Agreement may be modified at any time by mutual written agreement of the parties. Section V. Extent of Agreement This Agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa, pursuant to the requirements of Iowa Code §28E.8 (1995). This Agreement represents the entire agreement between Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by both parties. Section Vl. Assignment This Agreement is not assignable without written consent of both parties. Dated this CITY OF IOWA CITY, IOWA Nadmi J. I~vicl~, Mayor , 1996. JOHNSON COUNTY, IOWA Board of Supervisors Mari~n ~ ~arr~ ~ity Clerk ATTEST City Attorney's Office ,! 5 COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ~.//~.~ / , a Notary Public in and for the State of Iowa, ~ersonally appeared Don Sehr and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Board of Supervisors Chairperson and County Auditor, respectively, of Johnson County, 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 Board of Supervisors, as contained in (~)=No. /~,. -/. ~ ,~ passed (the-~Res-;'~ti~.~) by the Board of/TSupervisors, of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) Onthis //'/~' dayof ~'~,~ ,19 ?~. ,before me, S¢.~.~_ ~'~r~ , a Notary Public in and for the State of Iowa, personally appeared Naomi J. Novick and Marian 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 {(~din,t-nce) (Resolution) No. ~,-/~Z. passed by the City Council, on the /( ~,z. day of ~'~.-~_ , 1 9 ~ , and that Naomi J, Novick 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. iccog(p~28e~c agt Notary Public in and for the St.~ta of Iowa PAUL D. PATE SECRETARY OF STATE HOOVER BUILDING STATE OF IOWA DI.3S MOINES. IOWA 50319 TEL (515) 281-5204 FAX (515) 242-5953 July 3, 1996 Marian K Karr City Clerk of Iowa City 410 E Washington St Iowa City IA 52240-1826 RE: Filing of to 28E Agreement between the City of Iowa City and the County of Johnson Dear Ms. Karr : We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 3, 1996. Sincer~y~, Paul D. Pate Secretary of State PDP/klw Enclosures Prepared by:Jeff Davidson, Transportation Planner. 410 E. Washington Street, Iowa City, IA 52240 {319}356-5252 28E AGREENiENT FOR PARATRANSIT SERVICE BETWEEN o ,owA cou.. This Agreement is made and\entered into by and b~ e the City of Iowa City, Iowa, hereinafter referred to as Iowa ~y, and Johnson Cou Iowa, hereinafter referred to as the Count,/. Section I. Scope of Services The County shall provide paratransi Act to Iowa City through the Johnso~ service for persons who, for reasons service. "SEATS" is an acronym for Spe~ with the Americans with Disabilities SEATS program. Paratransit is public transit are unable to use fixed-route transit , and Handicapped Transportation Services. Section II, General Terms The paratransit service area for Iowa City.. :ity shall be the corporate limits of the City of The paratransit service shall commence ~ly 1, 1996, and continue for six months through and including December 31, The paratransit service shall be operated the corporate limits of Iowa City from 6:00 a.m. until 10:30 p.m. Monday throuc 6:00 a.m. until 7:30 p.m. on Saturday; and 8:00.a.m. until 2:00 p.m. on ~day. The operation of paratransit service shall specifically include Martin .~. \King's Birthday, Presidents Day, Veterans Day, and the day after Thanksgiving. The~[~aratransit service shall operate a holiday schedule consistent with 16wa City Transit.~ The paratransit ~erwce shall be operated as door-to-door~ervice. If requested, Johnson County SEATS,'operators shall assist passengers from the~oor of the origin to the door of the destina, tion of each trip, including assistance m carrying groceries and packages. Johnson County SEATS operators shall be sensitive to the nyds of elderly passengers and passer)~ers with disabilities. Iowa City reserves the ri~t to require sensitivity training o~,Johnson County SEATS operators. ~, The par~transit service shall be operated with a $1.50 fare. Fares collected shall be retained by the County. Fare revenue collected in excess of $15,400.00 between July 1, 1996, and December 31, 1996, will be refunded to Iowa City. The only exceptions to the $1.50 fare shall be specific individuals designated by Iowa City as being entitled to a waiver of the 91.50 fare. Fare revenue shall be reconciled with the daily trip s.heets by Johnson County SEATS and fully accounted for in Johnson County SEATS records, which records shall be available for inspection by Iowa City upon request, The paratransit service will be predicated on the following number of vehicle hours per day operated in integrated service for Iowa City and Johnson County: # of Vehicle Time Period Vehicles* M-F 6-7 A.M. 2 M-F 7 a.m.-5 p.m. 11 M-F 5 p.m.-10:30 p.m. 2 Sat. 6-8 a.m. 2 Sat. 8 a.m.-2 p.m~ 4 Sat. 2 p.m.-7:30 ~,.m. 2 Sun. 8 a.m.-2 p.m.~ 4 *Includes City of Coralville x Based on paratransit service deRand, Johnson or lesser number of I retain the right to direct Johnson'\,~ounty vehicles in each time period. ~ 2 11 24 11 24 SEATS may operate a greater periods. Iowa City shall to operate a specified number of Vehicles operated by Johnson Count City, and Johnson County (including Ci shall provide signage for the purpose City-Johnson County (including personnel used to provide Iowa and clean in appearance. , ,,/ The County shall be familiar ~ith the (hereinafter "JCCOG") Comple,~entary Area, and will conduct the paratransit serwce include Iowa City's determination of rider Johnson County SEATS sh,all notify Iowa City shall be clearly marked as City of Iowa Coralville) paratransit vehicles. Iowa City identifying vehicles that are in use as Iowa paratransit vehicles. Vehicles and paratransit service shall be neat County Council of Governments ~sit Plan for the Iowa City Urbanized ~sistent with said document. This will based on a certification process. ~quests for ADA certification on a weekly basis, at whrch tim, e the applicant shall be for a 21-day grace period. It shall be Iowa Cit, County SEATS as to whether the applicant is ADA shall ~emain eligible for paratransit service. Priority given to persons certi;[ied under the ADA. Rides will certified persons 60 ye'ars of age and older. The Count~ office hours on all days prior to the date of the requests for Monda? trips made on the prior Sunday. 3titled to continue to use SEATS esponsibility to notify Johnson ible. Otherwise the applicant :he paratransit service will be be granted to non-ADA accept trip requests during service, and will accept The dispatching function shall be provided by Johnson ~1oyees. In addition to dispa}~hing the paratransit service, Johnson County SEATS will dispatch trip requests for/non-lift equipped paratransit service through a supplemental private taxi contract. ,The taxi service is intended to provide supplemental rides for non- disabled elderly persons and ADA-eligible persons not requiring a lift-equipped vehicle during times when capacity is not available on SEATS vehicles. The supplemental taxi 3 service shall be dispatched according to requirements of the supplemental tax~ service contract between Iowa City and Johnson County. 10. The following no-show policy shall be in effect: A no-show shall be defined as the failure to cancel a scheduled ride at least thirty (30) minutes before the scheduled pickup time. If a rider is a no-show two or more times in any given thirty (30) calendar day period, Johnson County SEATS will attempt to contact the rider to determine the legitimacy of the problem. The County shall notify Iowa City of any riders that have been no-shows two or more times within a 30-day period. Upon notification, Iowa City shall send a written warning to the rider stating that failur to cancel two (2) times in the next 30-day period will result in suspension from pare ~nsit service. This no-show policy includes rides scheduled under the supplementa contract. ! 11. Johnson County SEATS siX,all maintain reporting Transit-Administration Natior~l Transit Database In addition, Johnson County SF~ATS shall irapie con..sisting of ?formation for ea~ch trip provide as Form A' Form A inforr~at on sha submitted to Iowa no ban We< of the following week. Iowa City 12. Transit employe tion of all trips using F~)rm A. Job information system, which will er summary format. Johnson Count~/\ riders referred to in the su[ required by the Federal , Federal Section 15 system). gement information system the form attached and identified on a weekly basis and ~ SEATS in implementing the documenta- , shall use a computerized management )wa City to receive Form A information in a sha!l provide Iowa City with a list of all taxi service on a weekly basis. Johnson County S alcohol testing requirements, with said drug and alcohol have not been debarred shall comply with any other tion. Johnson County SEA ~ith the Federal Transit Administration drug and )onsible for any and all costs associated iremerits. The County shall certify that they unded contracting. Johnson County SEATS required by the Federal Transit Administra- ;hall have all commercial drivers licenses required by Iowa law be responsible for the acts of Johnson County SEATS employe,~ while on duty, cept as otherwise prohibited by law. 13. Before commencing w~drk under this contra,:~ Johnson County SEATS shall submit proof of insurance m~ting the City of Iowa Ci~ Class II requirements. 14. Johnson County S_~.A_T,S__shaI, consider all re, ests for service from the public consistently. Requgsts for serwce which excee( level of service provided to the general public of I~Wa City according this Agreement shall require a separate contra~t between Iowa City and Prowsions of separate contract service by Johns, bn County SEATS shall not diminish ~e provisions of service to Iowa City according/o the requirements of Section II, paragraph 6 herein. 15. Johnson Cou,n'ty SEATS shall be charged $5,000.00 to use the following Iowa City Transit facilil;(es from July 1, 1996, through December 31, 1996: a. Driver's room; b. Vehicle storage areas; and c. Vehicle wash facilities. 4 16. Johnson County SEATS shall be permitted to use the Iowa City Transit Fueling Facility at a cost of $20.00 per month plus fuel expense. Section III. Compensation The County shall be reimbursed by Iowa City at a rate of $45,833.00 p, er month, for a total six month contract fee of $274,998.00. Checks shall be released as on the first check release date of each month by Iowa City. These total six-month fee for the provision of paratransit service by the six-month period from July 1, 1996~t, hrough December 31, 1996. Section IV..Duration This Agreement shall be in effect fr~,m July 1, 1996 Agreement may be modified at any t~n~e by mutual written Section V. Extent of A£reement ', This Agreement shall be filed w~th the Secretary of the ', of Johnson County, Iowa, pursuant to th~ requirem( County represent the Iowa City for the December 31, 1996. This reement of the parties, of Iowa and the County Recorder of Iowa Code §28E.8 11995). This Agreement represents the entire a paratransit service· It may be amended onl Iowa City and Johnson County for ~trument signed by both parties. Section VI. Assignment This Agreement is not assignable without :en consent of both parties. Dated this day of , 1996. CITY OF 10WA CITY, IOWA JOHNSON COUNTY, IOWA By: Naomi J. Novick, Mayor )on Sehr, Chairperson of Supervisors ATTEST: Marian K. Karr, Cil Clerk Approved by City Attorney's Office 5 COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of ,19 , befo/re me, · a Notary Public in and for the of Iowa, personally appeared Don Sehr and Tom Slockett, to me personally known, who, being by me duly sworn, did say that they are the Board of Supervisors Chair respectively, of Johnson County, Iowa; that the seal affixed to corporate seal of the corporation, ar of the corporation, by of (Resolution) No. under Roll Call No. , 19 execution of the instrument to be thei~ of the corporation, by it voluntarily that the instrument Board of (the Resolution ad~ the Board of S~ that Don ¢ act cured. and County Auditor, instrument is the signed and sealed on behalf as contained in (Ordinance) by the Board of Supervisors, ors on the day of Tom Slockett acknowledged the I and the voluntary act and deed Public in and for the State of Iowa CITY STATE OF IOWA ) ) ss: JOHNSON COUNTY I On this day of , a appeared Naomi J. Novick and me duly sworn, did say that the Iowa City, Iowa; that the seal corporation, and that the instr authority of its City Council, by the City Council, on the Naomi J. Novick and M'aria~ voluntary act and deed an executed. Public K. Karr, are the Mayor fore was signed contained in (C day of i. Karr acknowledged the the volgntary act and deed ,19 ,before me, and for the State of Iowa, persor~ally ~e personally known, and, who, being by City Clerk, respectively, of the City of instrument is the corporate seal of the lealed on behalf of the corporation, by Resolution) No. passed , 19 , and that cution of the instrument to be their the corporation, by it voluntarily Notary Public in and for the State of Iowa FORM A page ! E&D WA P'~OQJP I~TUR, N LOC CV UH RUM CO'~O ~C SSP ~ [AfO .....J RUR COHO NC SSP D~R NAU~ 8~G MILEAGE F~S VAN 11 VAN~ E S, ACT E S ACT FORM A p~ge 2 ~ LOC . ~ ~D PtC~,OJp ~ P'~O~UP ~F .%, Prepared by: Denn¥ Gannon, Asst. Ciw Engineer, 410 E. Washington St., Iowa City, IA 52240; 31 9-356-5142 RESOLUTION NO. 96-183 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE MELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I [PROJECT NO. BRM-3715(2)--8N-52]. WHEREAS, Iowa Brfdge & Culvert, Inc. of lowest responsible bid of $ 1,890,579.72 project. Washington, Iowa , hassubmittedthe for the construction of the above-named NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Iowa Bridge & Culvert, Inc. of Washington, Iowa , subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this 11th day of June , 1996. ATTEST:~~.~ CITY-CLERK pweng',melbridg.res MAYOR Approved by,, ~t~ Attorney s Office Resolution No. 96-183 Page 2 It was moved by Kubbv and seconded by adopted, and upon roll call there were: Norton AYES: NAYS: ABSENT: the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef NOTICE TO BIDDERS STATE OF IOWA, June 4, 1996 - Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and its official depository on the third floor of the Marriott Hotel, Des Moines, Iowa, until 9 o'clock A.M.C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and, where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing and reservations not provided for in the forms furnished will be rejected, and the iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specification. However, this does not apply to projects off the Federal-Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The Iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it wi!l affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color. Or national origin in consideration for an award. On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS 515/239-1414 JOHNSON COUNTY, STP-U-3715(8)--70-52, PCC Pavement - Replace First Avenue from Muscatine Avenue, north to 'D' Street in Iowa City, IA ~~)N COUNTY, BRM-3715(2)--~ BRIDGE REPLACEMENT Melrose Avenue over the Iowa Interstate Railroad in Iowa City, Iowa Prepared by: Dennis Gannon, Asst. City Engineer, 410 E. Washington St., iowa City, IA 52240; 319-356-5142 RESOLUTION NO. 96-184 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE DESIGN OF THE MELROSE AVENUE RECONSTRUCTION PROJECT, PHASE II WHEREAS, the City of Iowa City desires to replace the Melrose Avenue pavement from the east end of Phase I construction near Hawkins Drive to Byington Road; and WHEREAS, the City of Iowa City desires to contract for the design of the project, which includes preliminary plan phase and final plan phase; and WHEREAS, an Agreement for professional engineering services has been negotiated with NNW, Inc. of Iowa City, Iowa; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with NNW, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement, in duplicate. Passed and approved this llth day of ,June , 1996. CITY'CLERK MAYOR City Attorney's Office ~ _ ?, ~,,~' Resolution No, 96-184 Page 2 It was moved by Lehman and seconded by adopted, and upon roll call there were: Thn~nhP~ AYES: NAYS: ABSENT: X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef the Resolution be CONSULTANTAGREEMENT THIS AGREEMENT1 made and entered into this 11th day of June 1996 , by and between the City of Iowa City, iowa, a municipal corporation, hereinafter referred to as the City and NNW, Inc. of Iowa City hereinafter referred to as the Consultant. WHEREAS, the City desires to improve existing Melrose Avenue from the east end of Phase I construction near Hawkins Drive to Byington Road. The City Council has determined the design parameters of the project (Melrose Avenue Reconstruction Project, Phase II) and the Concept Statement has been approved by the Iowa Depadment of Transportation. This agreement includes the design and preparation of bidding documents. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide services as set forth herein. I. SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. The following phases correspond with Iowa Department of Transportation. critical path project development tasks. Work shall begin immediately on the Preliminary Plan phase. Preliminary Plan Phase: 1. Make topographic survey of area including cross sections of roadway and location of utilities; After approval phase. Meet with City staff, appropriate City Commissions, University Staff and any neighborhood groups to determine aesthetic and neighborhood considerations for the project; Determine necessary Right-of-Way requirements and construction easements required for the project and provide plats with legal descriptions of each pareeli Research record drawings of the storm sewer construction by the University of Iowa. of the Preliminary Plan Phase, work shall begin immediately on the final Plan Final Plan Phase: 1. Prepare detai~ed plans, specifications, contract documents and engineer's estimate required for Iowa Department of Transportation letting. Plans shall include construction staging and traffic control necessary to maintain traffic during construction, installation of new watermain on the south side and special details required for the connection of the proposed inlets to the existing storm sewer; Contract documents shall be in accordance with City, State and Federal requirements and shall use Iowa Depaitment of Transportation Standard Specifications as base specifications; Provide necessary pdnts and calcutations for review by City, State and Federal agencies and various utilities; Keep in contact with various utility companies, the University of Iowa and other affected private and/or governmental entities during design for purposes of project coordination{ Orga~)ize and hold the City's preconstruction meeting to be held with the successful bidder, Attend the following meetings and if required, make a presentation; a. As required with City staff for periodic discussion of project development. b. City Council meetings concerning public hearing. c. Meetings with University of Iowa Officials. d. Neighborhood Groups. e. Meetings with property owners during easement or R.O.W. negotiations. Special 1. Services Preparation of elementary sketches and supplementary sketches required to resolve actual field conditions encountered; Assist the City as expert witness in litigation arising from the development of construction of the project and in hearings before various approving and regulatory agencies. TIME OF COMPLETION The intent of the City is to begin construction during the spring of 1997. The target IDOT letting date is February 18, 1997. The Consultant shall strive to complete the following phases of the Project in accordance with the schedule shown. Preliminary Design Phase - Submit Easement Plats to City - August 30, 1996. Rnal Plan Phase - Submit Check Plans to IDOT - November 4, 1996. Submit Final Plans to IDOT- November 25, 1996. If any phase of the project is delayed by the City or IDOT, the dates shall be revised to those that correspond to the next IDOT letting date. IlL GENERAl. TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices tn any subcontracts. 1. To discharge or refuse to hire any individual because of their race, color, religion,sex, national origin, disability, age, marital status, sexual orientation or gender identity. 2. To discriminate against any individual in terms, conditions. or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation or gender identity. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sumS shall not be greater than the "amount not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, the Consultant shall have the dght to employ such assistance as may be required for the pedormance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by ~id City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend such meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to ensure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event. the Consultant shall not be liable for the City's use of such documents on other projects. I. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to eatisfactofily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full rome and effect. Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible coplss for the Consultanl's own filling use. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. IV, COMPENSATION FOR SERVICES The City agrees to pay for services stated in this agreement on an hourly basis at the hourly rates shown in Appendix A, attached hereto, with a maximum not to exceed amount for each phase: Preliminary Plan Phase: Seventeen Thousand Three Hundred doll~im ($17,300.00). Final Plan Phase: Thirly-three Thousand Eight Hundred dollars ($33,800.00). V. MISCELLANEOUS All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. It is further agreed that there are no other considerations or monies contingent upon or resu',ting from the execution of this Agreement, that is the entire Agreement, and that no other monies or considerations have been solicited. FOR THE CITY Date: ~.n¢ II~ Approved By~ City Attorney's Office 4 APPENDIX A NNW, INC, ENGINEERING SERVICES PROFESSIONAL COMPENSATION The fee for professional services shall be based upon the following hourly rates for services by principals and employees assigned to the project. Description 1. LABOR Principal Structural Engineer Structural Engineer (Grade 6) Structural Engineer (Grade 5) Technician/Draftsperson Clerical Rate/Hour $75.00 $60.00 $45.00 $30.00 $25.OO Prepared by: Rob Winstead, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5145 RESOLUTION NO. 96-185 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE FIRST AVENUE RECONSTRUCTION PROJECT, STP-U-3715(8)--70-52. WHEREAS, Metro Pavers, Inc. of Iowa City , has submitted the lowest responsible bid of $ 60!,652,36 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Metro Pavers Inc. of Iowa City , subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond and insurance certificates, and subject to Federal Highway Administration concurrence. Passed and approved this 11th day of ~]une ,1996. ATTEST:cl~ ~. MAYOR Approved by . 'Cify Attorney s Office& _/~_ ~ pweng\lfirstav.res Resolution No, 96-185 Page 2 It was moved by Newton and seconded by adopted, and upon roll call there were: AYES; NAYS; ABSENT; X X X X X the Resolution be Baker Kubby Lehman Norton Novick Thornberry Vanderhoef NOTICE TO BIDDERS STATE OF IOWA, June 4, 1996 - Sealed bids will be received by the Iowa Department of Transportation, at the Office of Contracts in Ames, Iowa and its official depository on the third floor of the Marriott Hotel, Des Moines, iowa, until 9 o'clock A.M.C.T. on the above date, for the various items of construction and/or maintenance work listed below. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts at Ames, Iowa 50010. Opening and reading of the bids will be performed at the Iowa Department of Transportation, at Ames, Iowa after 9 o'clock A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. A Proposal Guarantee in an amount as set forth in the proposal form shall be filed with each proposal. The Proposal Guarantee shall be in the form of a certified check or credit union certified share draft, cashier's check, or bank draft drawn on a solvent bank or credit union. Certified checks or credit union certified share drafts shall bear an endorsement signed by a responsible official of such bank or credit union as to the amount certified. Cashier's checks or bank drafts shall be made payable either to the Contracting Authority or to the bidder and. where made payable to the bidder, shall contain an unqualified endorsement to the Contracting Authority signed by the bidder or the authorized agent. A Bid Bond, properly completed on the Form No. 650001 available from the Iowa Department of Transportation, Contracts Office, may be used in lieu of above. Failure to execute a contract and file an acceptable performance bond and certificate of Insurance within 30 days of the date of the approval for awarding the contract, as herein provided, will be just and sufficient cause for the denial of the award and the forfeiture of the proposal guarantee. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, Ames, Iowa, until noon on the day previous to the letting. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing and reservations not provided for in the forms furnished will be rejected, and the Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. Attention of bidders is directed to the Special Provisions covering the subletting or assigning of contracts. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specification. However, this does not apply to projects off the Federal-Aid system. All Federal-Aid projects are subject to the Work Hours Act of 1962, P.L. 87-581 and implementing regulations. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the State of Iowa, and also, a resident bidder shall be allowed a preference as against a non-resident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country both on projects in which there are no federal funds involved. The iowa Department of Transportation (or other approved contracting authority) hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. On Federal-Aid projects, where disadvantaged business enterprise goals have been established, the bidder is required to complete and submit form 102115 with the bid documents. On all projects without goals, the contractor must show that affirmative actions have been made to seek out and consider disadvantaged business enterprises as potential subcontractors. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS 515/239-1414 ,sCHNSON COUNTY, STP.U.3715(8) Pavement - Replace t Avenue from Muscatine Avenue, north to ",.....~' Street in Iowa City, IA JOHNSON COUNTY, BRM-3715(2)--8N-52, BRIDGE REPLACEMENT Melrose Avenue over the Iowa Interstate Railroad in Iowa City, Iowa DEFEATED Prepared by: Dan Scott, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT F0R THE CONSTRUCTION OF THE ABBEY LANE TRUNK SEWER AND KIWANIS PARK STORMWATER INIPROVE- [VIENTS PROJECT. WHEREAS, Maxwell Construction of Iowa City has submitted the lowest responsible bid of $ 306,289.50 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY '[HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Maxwell C. on~t. ructinnof ]nwa City , subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. Passed and approved this day of , 1996. MAYOR ATTEST: CITY CLERK Approved by ~C~ty Attorney s Office 6- ~ ¢4, It was moved by Kubb.V and seconded by adopted, and upon roll call there were: Lehman the Resolution be AYES: NAYS: ABSENT: X X X X X X Baker Kubby Lehman Norton Novick Thornberry Vanderhoef ADVERTISEMENT FOR BIDS ABBEY LANE TRUNK SEWER and KIWANIS PARK STORMWATER IMPROVEMENTS IN THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 11th day of June, 1996, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on the 1 lth day of June, 1996, or at such later time and place as may then be fixed. The Sanitary Sewer Project will involve the installation of approximately 600 lineal feet of 30-inch diameter RCP sanitary sewer pipe, 100 feet of 20-inch DIP sanitary sewer pipe, 75 feat of 18-inch sanitary sewer pipe with a creek crossing and other incidental work. The Kiwanis Park Stormwater Project will involve the installation of approximately 75 cubic yards of structural concrete wall, 1,240 square yards of fever mattresses, 40 cubic yards of gabion baskets, 50 lineal feat of storm sewer, small amounts of tree removal and stream channel excavation and other incidental work. All work is to be done in strict compliance with the plans and specifications prepared by MMS CONSULTANTS, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond execut- ed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract and main- tenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejec- tion is made. Other bid bonds will be returned AF-1 after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guaran- tee the prompt payment of all materials and labor and also protect and save harmless the City from claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this project: Working Days: 60 Late Start date: July 29, 1996 Liquidated Damages: $450 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of MMS Consul- tants, Inc., 1917 South Gilbert St., Iowa City, IA, 52240, by bona fide bidders. A $50 non-refundable fee is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to MMS Consultants, Inc. Prospective bidders are advised that the City of Iowa CiW desires to employ minority con- tractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies, or other parties with whom the bidder intends to sub- contract. This list shell include the type of work and approximate amount(s). The Contractor awarded the contract shall submit a list on the Form of Contract of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documen- tation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors is available at the City, and can be obtained from the Human Rights Coordinator at the Iowa Civil Civic Center by calling 319~356-5022. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the AF-2 contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK AF-3 Prepared by: Dan Scott, Civil Engineer. 410 E. Washington St., Iowa City, IA 52240; 319-356-5144 RESOLUTION NO. 96-186 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ABBEY LANE SANITARY TRUNK SEWER PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: A public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 2rid day of July, 1996, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. The City Clerk is hereby authorized and directed to publish noi.;ce of the public hearing for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days bafore said hearing. A copy of the plans, specifications, form of contract, and estimate of cost of the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this l].th day of June ,1996. CITY-CLERK MAYOR Approved by Resolution No. 96-186 Page 2 It was moved by Kubby and seconded by adopted, and upon roll call there were: Lehnlan AYES: NAYS: ABSENT: X X X X X the Resolution be Baker Kubb¥ Lehman Norton Novick Thornberry Vanderhoef Prepared by: Linda Newman Woito, City Attorney. 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 96-187 RESOLUTION RATIFYING SETTLEIVIENT OF PENDING LITIGATION WHEREAS, in 1994, James Glasgow, filed three actions in the Iowa District Court for Johnson County, Docket Nos. 55895, 56149 and 56205, challenging the City's actions to acquire land for the Iowa City Water Supply and Treatment Facility Project; and WHEREAS, in November 1994, the City of Iowa City started condemnation proceedings against .45 acres of land owned by James Glasgow; and in December, 1994, both Glasgow and the City appealed the condemnation award of $240,000 to the Iowa District Court for Johnson County, Docket No. 56192; and WHEREAS, in April 1995, the City filed a quiet title action against James Glasgow in the Iowa District Court for Johnson County, Docket No. 56472, concerning approximately five acres of land the City of Iowa City had previously condemned, but to which James Glasgow claimed ownership; and WHEREAS, in an effort to save expenses of prolonged litigation, the parties have negotiated a settlement agreement which is in the public interest; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to James Glasgow in the amount of $240,000.00, as determined by the Compensation Commission (Sheriff's Jury), together with the terms outlined in the settlement agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: In consideration of the terms outlined in the settlement agreement, the above-named actions should be and are settled for the sum of $240,000.00, payable to James Glasgow in full satisfaction of pending lawsuits Docket Nos. 55895, 56149, 56192, 56205, and 56472. The City Council for the City of Iowa City, Iowa hereby specifically approves said settlement as being in the best interest of the City of Iowa City. The settlement is hereby ratified, contingent, however, upon James Glasgow's execution of the Settlement Agreement, together with an appropriate Release and Satisfaction of Judgment which shall be filed with the Clerk of Court for Johnson County District Court in the above action, and further upon both James Glasgow's and the City's filing dismissals with prejudice of all pending actions listed herein. Resolution No. 96-187 Page 2 Passed and approved this 11th day of June , 1996. ATTEST: ~.~ ~. ~ CIT~:~ERK MAYOR Approved by ~ty Attorney s Office It was moved by Kubby and seconded by adopted, and upon roll call there were: Vanderhoef the Resolution be AYES: NAYS: ABSENT: X Baker X __ Kubby X Lehman X Norton X Novick ---)(--- -- Thornberry X __ Vanderhoef THIS AGREEMENT is entered intoby and between The City of Iowa City, Iowa (hereinafter referred to as Patrick Glasgow (hereinafter referred to as settlement of litigation concerning the Iowa City Water Supply and Treatment Facilities Project (hereinafter referred to as "Project"). "City") and James "Glasgow"), in IT IS HEREBY AGREED AS FOLLOWS: 1. The parties hereto have filed several civil lawsuits in the Iowa District Court for Johnson County, Iowa related to the City's condenmation of property in connection with the Project. Those lawsuits are as f~llows: A. James Patrick Glasgow v. City of Iowa City, Iowa (Injunction Case), Docket No. 55895; B. James Patrick Glasgow v. City of Iowa City, Iowa (Mandamus "trees" Case), Docket No. 56149; C. City of Iowa City, Iowa v. James Patrick Glasgow, and James Patrick Glasgow v. City of Iowa City, Iowa (Condemnation appeals), Docket No. 56192; De me James P. Meetings Court No. Glasgow v. City of Iowa City, Iowa (Open Case), Docket No. 56205, Iowa Supreme 95-1100; City of Iowa City, Iowa v. James Patrick Glasgow and Washington Park (Quiet Title Case), Docket No. 56472, Notice of Appeal filed by Glasgow on May 24, 1996. 2. Glasgow and City now wish to avoid further litigation, expense and controversy, and wish to settle fully and finally all differences between them and compromise any and all claims and issues that have been raised or could have been raised by Glasgow -2- arising out of, or in any way related to, the City's condemnation of property in connection with the Project. This agreement covers all claims and damages, whether known or not, which may hereafter appear or develop arising from the City's condemnation of property for the Project and/or from the matters referred to in the case numbers cited herein. 3. Glasgow and the City agree to dismiss all pending litigation referred to herein, and Glasgow agrees not to file any additional litigation concerning the Project. In final settlement of the condemnation appeal and in return for Glasgow's dismissal of all pending litigation and his agreement not to file additional litigation, the City shall pay Glasgow $240,000.00, structured as follows: $200,000.00 upon execution of this settlement agreement by the parties, with the balance of $40,000.00 to be paid to Glasgow, 1) upon the City's possession of the approximate one-half acre of land (hereinafter referred to as ,,Property") condemned from Glasgow by the City (see legal description in Docket No. compliance with the "good agreement. 56291), and 2) subject to Glasgow's stewardship" provisions of this 4. Glasgow shall be permitted to continue residing on the Property up to November 1, 1997, and, agrees to vacate the Property no later than November 1, 1997. During this tims of continued residency, Glasgow shall take reasonable and proper care of the Property and shall exercise due care to protect against unreasonable dangers to the groundwater at or near that -3- site. During the time that Glasgow is in continued possession of the Property, he shall be responsible for real estate taxes on said Property until such time that he vacates the Property as provided in Section 427.2, Code of Iowa. 5. Glasgow specifically acknowledges that since the Property which is the subject of the settlement herein has been condemned as part of the Iowa City water Supply & Treatment Facilities Project, said Property should be protected from any potential contamination of groundwater, and thus acknowledges his agreement to live on the land, as herein provided, under the auspices of good stewardship in order to protect the groundwater from any future contamination. 6. Upon execution of this settlement agreement and upon payment of $200,000.00 to Glasgow by the City, Glasgow and Public Works Director Charles Schmadeke shall conduct a joint inspection of the Property, taking note of whatever potential hazards, such as diesel or other fuels, there might be to the City's future alluvial wells. Glasgow agrees that if any cleanup and/or removal of potential hazards is determined necessary by the City to satisfy the City's concerns for protection of the groundwater at that site, Glasgow shall permit the City or its agents to conduct such cleanup as soon after the inspection as possible. Glasgow shall also promptly remove or allow the City or its agents to remove from the Property any materials deemed to be a hazard or potential hazard, such as diesel fuel. 7. After Glasgow has vacated the Property and turned -4- possession of the Property over to the City, Public Works Director Charles Schmadeke and Glasgow shall then conduct a final inspection of the Property. Upon completion of the final inspection and determination by the City that no additional cleanup or other remedial work is required due to Glasgow's continued residency on the Property, the City shall pay the remaining $40,000.00 to Glasgow. However, in the event that the final inspection of the Property reveals that cleanup or other remedial work is required due to contamination which occurs during Glasgow's continued residency on the land, it is agreed that the City may use the $40,000.00 held in reserve to pay for any necessary cleanup 6r remedial work. Glasgow shall be entitled to receive the remaining balance, if any, from the $40,000.00 after payment for any necessary cleanup or remedial work. Glasgow also agrees that if such cleanup or remedial work exceeds $40,000.00, he shall agree to pay for the additional cost of such cleanup and/or remedial work. 8o Glasgow agrees that he will not object to the City's annexation of the Property. 9. The City acknowledges that Glasgow shall have the right to remove all personal property from the condemned property, including water softeners, and well pump. Glasgow shall also remove the pole building, boat dock, and any and all equipment and vehicles from the site no later than November 1, 1997, and Glasgow shall leave site free of any items such as abandoned far~ equipment, construction equipment, etc. -5- 10. In consideration of cost savings to the City, the City shall grant to Glasgow the following salvage rights of certain real estate condemned by the City: Glasgow shall be permitted to remove and take with him from the Property the entire second story of the shop building no later than November 1, 1997. If Glasgow finds that moving the second story of said shop building is cost-prohibitive, Glasgow shall have the right to take the following items from the shop building: windows, garage doors, and 220 watt electrical services. The parties agree that Glasgow shall not remove the following items (in order to enable the City to permit Furniture Project and Housing Rehab to salvage said items): plumbing fixtures, cabinets, doors, framing, and siding. The parties agree that Glasgow retains no salvage rights in the old house, and the City is free to salvage whatever it wishes from said old house° 11. City agrees that Glasgow may remove three fruit trees, approximately six inches in diameter, and that he will not remove any other trees from the Property. It is agreed that no compensation for the rip-rap placed along the river shall be due or paid to Glasgow by the City° The parties also agree that during the term of Glasgow's remaining possession of the Property, he shall have the right to have four goats on the land and that they shall have the right to graze as needed. 12. exchange Glasgow shall dismiss with prejudice the Upon execution of this settlement agreement and in for the initial $200,000.00 payment referenced herein, following cases: -6- ae prejudice), C. His condemnation appeal Do His appeal in Docket NOo No. 95-1100), E. His appeal in Docket No. The City also agrees to Docket No. 55895, Docket No. 56149 (previously dismissed without in Docket No. 56192, 56205 (Iowa Supreme Court 56472. dismiss with prejudice its 56192. The $240,000.00 condemnation appeal in Docket No. structured payment referenced in paragraph 3 above is in lieu of and as a compromise settlement of said condemnation appeal. In connection with the dismissal of the various actions and appeals referenced herein, each' party shall be responsible for their own court costs, deposition costs, printing expenses, and attorney's fees; however, the City shall not be responsible for any costs in the quiet title action (Docket No. 56472), and the City shall be permitted to prepare an appropriate judgment entry, including legal description, for the Court's signature in that action. 13. Glasgow hereby releases the City, its officers, agents and employees from any cause of action or claim arising out of the acquisition of property by the City for the Project. 14. This agreement is not and shall not in any way be construed as an admission by the City of any wrongdoing; rather, this agreement is executed by the parties for the sole purpose of resolving the pending condemnation appeal and other related litigation referenced herein to avoid the burden, expense, delays, and uncertainty of that litigation. -7- 15. Glasgow expressly acknowledges that he is currently represented by counsel, that this settlement agreement was the result of negotiations between the parties, that he has had an opportunity to review this settlement agreement with his attorneys, and expressly acknowledges that after reviewing this settlement agreement with his attorneys, that he understands this agreement is intended to include in its effect, without limitation, all claims he may have against the City in connection with the City's acquisition of property for the Project, and that the agreement contemplates the extinguishment of any such claim or claims, either now or in the future. DATED this 11thday of June, 1996. CITY OF IOWA CITY, IOWA Attest: MAYOR CITY CLERK DATED this /O day of June, 1996. ICK GLASGOW \~ JUN-OS-lgg6 11 :~3 FROM TO 3565888 HJqYEK I-~qYE~ & BROWN, LLP 2atrick settlement A~REF/~NT is entered into by and between The City of Iowa (hereinafter refea-~'sd to as "City") and James Lasgow (hereinafter referred to as "Glasgow") )f litigation concerning the Iowa City Supply Facilities Project (hereinafter to as IT IS HEREBY AS FOLLOWS: hereto h~ve filed civil lawsuits in the Iowa District Iowa related to the City's acquisition of Those lawsuits are a8 with the Project. Ja~es Patrick (Injunction v. City of Iowa City, Iowa , Docket No. 55895; JameB (Mandamus v. city of Iowa city, Iowa , DocketN0. 56149; ciw of and Iowa city, ~atriek v. James Patrick Slaegow, v. City of Iowa Docker No. 56192~ Do Gl~gow Vo Case), Docket 95~1100; of Iowa Ci=¥, Iowa {Open $620~, Iowa ~upreme of Iowa City, Iowa v. Washington Park (~iet 56472, Notice of A~peal 24, 1996. Patrick ~lasgow Case), Docket No. By Glasgow on May and City now wish to avoid and controvert, and wish to settle litigation, 4md finally all differences bstweeu them and co~promise any and all claims issues that have been raised or could have been raised by Glasgow 3'UN-~5-1996 11:24 FROM I-~qYEK I%qYEK 8, BROWN, LLP TO 3z36.~B P.l~3 -2- arising out of, or in any way related to, the City's of property in connection with the Project. This covers all ~laim~ and damages, whether k~own or not hereafter appear or develop arising from the of property for the Project ~d/or from the in the case cited herein. $ o Glasgow the city agree to litigation referred to and additio~al litigation the settlement of the dismissal of all pending additional litigation, the st~Actured a~ follows: $200,( settlement a~reement by the $40~o00.o0 to be paid to of the approximate acre as "Property" ) from Glasgo~ description in No. 56291). and compliance with stewardship" agreement. 4. Glasg~ shall be permitted to Property for u~to one year from the ex and, in any e~nt, agrees to vacate the November 1, 1997. During this ti~e of Glasgow ~hall take reasonable and proper care of may acquisition referred tO ' all pemUng agrees not to file any set. In final ~d in re~ura for Glasgow's and his agreement not to file ~ay Glasgow $240,000.00, o00 UpOn execution of this wi~h the balance of upon the Clt¥'s possession (hereinafter rs~erre~ to the City (see legal subject to Glasgow's of this residing on the ~h~ s agreement. later tha~ Fropor~y aud shall exercise due care to protest a~a~,~t unreasonable da~ge~ 3UN-0S-19~6 11:24 FROM HAYEK HAYE~ --3- to the groundwater at or near that site. During the time Glasgow is in continued possession of the Property, he .1 be responsible for real estat~ taxes on said Proper~y unti ti~e that he vacates the a~ provided in 427.2, Code of Iowa. 5. Olasgow acknowledges Property which is the subject the condemnod as part of the Iowa Water Facilities project, said Property potential contamination of agreement to live on the land, as auspieo~ of good stewardship in from any future contamination. 6. Upon execution of payment of $200,000.00 to WorKs Director charles shall of the Property, taking of whatever as diesel or other ~here might he to alluvial wells. Glae agrees that if My c removal of ie determined to e&tisfy the concerns for pretection of at that site, couduct such Glasgow shell agents to remove ~rom the property any materials deemed to be hazard or potential huzard, such a8 diesel ~el. ~he herein has & Treatment. pro~ected from any and thue acknowledges provided, under the protect ~he groundwater agreement and upon Glasgow and Public a Joint inspection hazards, such City's £uture and/or by the City groundwater shall permit the City or to as moon after the inspection as possible. promptly remove or allow the City or its JUN~gS-19~6 11:24 FROM HAYEK HAYlB{ I BROWN. LLP TO 3565~08 -4- possession of the Property over to the City, Public Works ~spection of the Prope~y~ U~n ~l~tion o~ ~e After ~lasgow has vacated the Property and turned inspection and determi~tion by.the Ci.~y that no cleanup or other remedi~ work l~ ra~u~red due oontinued ~esidency on th~ Property, the City pay the reveals r~malning $~0,000.00 to final inspection of the remedial work is required to dur/~g 81aegow's continued that the City ntay u~e the any necessary cleanup or entitled to receive the $40,0~0o00 after payment work. Glasgow al~o exceeds $40,000.~0, he agree of such cleanup 8. Glasgow annexation oi the 9. The to remove a/1 pe a final ~he event that the cleanup or other which occurs the land, it is agreed held in reserve to pay for ~ork. Slasgow shall be 5alanee, if any, from the cleanup or rem~dia/ such cleanup or remedial work pay for the additional cost that he wil~ =cknowledges that property from the objeut to the City's sb-~l have the right property, ~l.a~gow shall also including softeners, and well pump. r~ove the po~ building, boat dock, and aB~ a~d all eqi~eRt and yarclee f~m the site ~0 later th~ov~er 1, 1997, Glas~w s~11 leave site free of ~y items such a~ ~n~d JUN-~S-1996 ll:2S FROM ~YEK ~Y~< & ~, Lb° TO -5- equipment, construction equipment, etc. 10. In consideration of cost savings to shall gra~t to ~las~w the follow~g s~vage real estate cond~ by the City= Glasgow r~ove ~d ~e h~ f~m the sto~ o~ the b~lding no later Glasgow finds moving ~e foll~g it~ and 220 watt shall not remove the to per, lit Furniture items): plumbing The parties agree City, the City Of certain be permitted to entire second 1, 1997. If of said shop building the right to take the windows, garage doors, . The parties agre~ that Glasgow items (in order to enable the city and Ho~i~g P~h~b to salvage said doors, fr~m{ng, a~d siding° no salvage rights in ~he old house, and the is free ~salvage whatever it wishes from sa/d ol, d ',07~ ~ 11. Czty .~,. that ~lasgow m~ remove three fruit trees, approximately/ ~x ~nches /a diameter, ~d that he will not r~ove any other ,~, from t~e Proper~y. It i~eed'th.t no oo~ensa~i ~ for the rip-rap piac~ ~n~.~e river sh~Z be due, Prope/y, he shall have the right ~o have fo~ g~tS on ~e l~d ~d t~t they s~11 have the righ~ to ~az$ as needed. 12. u~n ~ecutioR of t~s settl~nt a~s~ent ~d ~ exch~ge for the i~ttal $200,000.00 pa~ent referenced herein, JUN-~S-1996 11:25 FROM HAYEK HAYEK & I~, LLP TO 3565~08 -6- Glasgow shall diemlee with prejudice the following cases: A. No. B. NO,, His His NO. No tlie appeal The City also coad_.~m__ation appeal in structured payment referenced and as u compromise settlement connection with the dismissal referenced herein, each party court costs, deposition fees; however, the City shall the quiet title action permitted to prepare an legal deeeription, for 13. ~lasgow a~d employees from the acquisition of 14. This construed as an §§l§g (previouely appeal in Dou in Docket No. )), without ' Docket No. 56 to dismisE No. 56192 NO. 56 2), ~elease~ the Ci~ ause of actio~ or No. 56192, (Iowa Supreme Cour~ by the City for is not and shall not ;ith prejudice its The $240,000.00 3 ~bove is in lieu of condemnatio~ appeal. In various aukiono and appeals be responsible for t~eir own expenses, a~d attorney's · le for ~y co~s ~ ~d the City sh~l ~ ent~, ~clu~g in that a~on. its offioe~, agate arising out of ~oject. way be .esion by the City of any wrongdoing; rather, this agreement is ~ecuted by the paxties for the sole purpose of ! resolving th~ pen~g condemnation appeal and other referenced litigation to avo~the burden, ezl~n~e, delays, and ~certai~ty' JUN~-19°J6 11:26 FROM HAYEK HAYEK & BROWN, LLP TO J565~08 P. {]8 -?- ! 5 · ~las~w atto~eys, and settl~% a~e~t l~tlon, with the City's ac~isitiun the a~e~ent cout~lates or ol~m~, either ~w or acknowledges that he that thi~ settlement betweeu the parties, settlement ac~owledges that attorneys, in its have was the he has had an with his this he understands ~his ~ithout ' the city in com~e~on ~or the l~oject, and that of any euch claim DATED this __ day of June ~96o '1'¥ OF IOWA CITY, IOWA Attsst: DATED this __ Approved By City Attorney's Office By;._. lgg6 · I,~YOR TOTRL P. 08