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Home My WebLink About2006-05-02 Resolution r::J Prepared by: Marian K. Karr, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5043 RESOLUTION NO. 06-128 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF lOW A CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his/her filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, having a valid beer, liquor, or wine license/permit, to wit: Picador - 330 E. Washington Street Passed and approved this 2nd day of ~(-,}~Q~ MAYOR - Approved by ~~ \, ~-O\,.. ATTEST: ~-,;-..J K. ~ CIT CLERK City Attorney's Office It was moved by Bailey and seconded by Resolution be adopted, and upon roll call there were: Vanderhoef the AYES: --1L --1L -1L.. --1L --1L --1L --1L NAYS: ABSENT: _ Bailey _ Champion Correia Elliott O'Donnell Vanderhoef Wilburn a:: Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 06-129 RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY2006 OPERATING BUDGET. BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a publiC hearing will be held in Harvat Hall, City Hall, 410 E. Washington Street, at 7:00 p.m., May 23,2006, or if said meeting is cancelled. at the next meeting of the City Council thereafter as posted by the City Clerk, to permit any citizen to be heard for or against the proposed amendment to the FY2006 Operating Budget. The City Clerk is hereby directed to give notice of said public hearing and time and place thereof by publication in the Iowa City Press-Citizen, a newspaper of general circulation in Iowa City, not less than ten (10) days and not more than twenty (20) days before the time set for such hearing. Passed and approved this 2nd day of May ,20~. ~u~ MAYOR ATTEST:-.2b~~...~.J +:. K~ CITY ERK App' oved by J.~ <.../-2.1, ,.. D <.. It was moved by Bailev and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn finadm\res\operbdg5-16-06.doc r:::J Prepared by: Denny Gannon. Asst. City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-110 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR PHASES 2 & 3 OF LOT 2, SADDLEBROOK ADDITION, PART 1 WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Sanitary sewer improvements for Phases 2 & 3 of Lot 2, Saddlebrook Addition, Part 1, as constructed by Maxwell Construction, Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said 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 2nd day of Mav ,20 06 ~( _j~~~L AYOR '-' Appro ed by ATTEST: >>~I(. ~.vJ CITY ERK '7/?->--1c:t:. It was moved by Bailey and upon roll call there were: and seconded by Vanderhoef the Resolution be adopted, AYES: NAYS: ABSENT: x x x X X X X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pwenglresllot2saddlebrook1.doc I ~ 1 ~~IW~-r ~-';'''ST_IIII'~ .....~ CITY OF IOWA CITY 5~ (I) 410 East Washington Street Iowa City. Iowa 52240-1826 13191 356-5000 (319) 356-5009 FAX www.icgov.org ENGINEER'S REPORT April 24, 2006 Honorable Mayor and City Council Iowa City, Iowa Re: Phases 2 & 3 of Lot 2, Saddlebrook Addition, Part 1 Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the sanitary sewer public improvements for Phases 2 & 3 of Lot 2, Saddlebrook Addition, Part 1 have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bonds are on file in the City Clerk's office for the sanitary sewer improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~2r- Ronald R. Knoche, P.E. City Engineer pwenglletters\lot2saddlebrook 1.doc a:J Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. 06-11 ] RESOLUTION ACCEPTING THE WORK FOR THE 2003 HANDRAIL REPLACEMENT PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the 2003 Handrail Replacement Project, as included in a contract between the City of Iowa City and All American Concrete, Inc., of West Liberty, Iowa, dated March 18, 2003, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $76,719.30. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 2nd d"m~G~~ MAYOR Approved by ATTEST: ~ k. k~ CITY ERK ~~ 4'/~Wu. city Attomey's ffice It was moved by Bailey and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/res/03handrail.doc -"-----"---------~._-----"_._'------ 5e. c;;) l ~ 1 ~~W~'t .....;;;:..~"Sr"...IIIII' ......~ CITY OF IOWA CITY 410 East Washington Street Iowa City. Iowa 52240-1826 (319) 356-5000 (319) 356-5007 FAX www.icgov.org ENGINEER'S REPORT April 24, 2006 City Clerk City of Iowa City, Iowa Re: 2003 Handrail Replacement Project Dear City Clerk: I hereby certify that the construction of the 2003 Handrail Replacement Project has been completed by All American Concrete, Inc. of West Liberty, Iowa in substantial accordance with the plans and specifications prepared by NNW Inc. of Iowa City. The final contract price is $76,719.30. I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, ~:Z-.!c Ronald R. Knoche, P.E. City Engineer pwenglengrpt-Q3handrail,doc I ~:(~) I Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. nh-l ~2 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A RENEWAL OF A LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, LANDOWNER UNIVERSITY VIEW PARTNERS, AND TENANT TAKANAMI LLC D/B/A TAKANAMI, FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, University View Partners, as landlord, and Takanami LLC, d/b/a Takanami, as tenant, applied for a renewal of a temporary use of the public right-of-way at 219 Iowa Ave., Iowa City, Iowa for a sidewalk cafe and anchored fencing thereon; and WHEREAS, City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with City Code 10-3-3; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of- Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, copy of which is on file with the Public Works Department. 2. The Public Works Department is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at Applicant's expense. Passed and approved this ~ day of C2t'u A MAYOR ATTEST: ~~~ ~ CI CLERK Approved by: ~ ~ '+-&\-0<;.. City Attorney's Office Resolution No. Page 2 06-112 It was moved by Bailey and seconded by adopted, and upon roll call there were: AYES: x x x x x x x NAYS: Vanderhoef the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn I:=J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-133 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE AND A PROMISSORY NOTE FOR THE PROPERTY LOCATED AT 519 RUNDELL STREET, IOWA CITY, IOWA. WHEREAS, on November 18,2005, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, on November 18, 2005, the owner also executed a Promissory Note; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 519 Rundell Street, Iowa City, Iowa from a Mortgage, recorded December 2, 2005, Book 3968, Page 938 through Page 943, and a Promissory Note, recorded March 23, 2006, Book 4003, Page 48 of the Johnson County Recorder's Office. Passed and approved this 2nd day of Mav ,20...uL-. G1u MAYOR ATTEST: ~........~ K. k~ CI LERK ~:d by . ~ 'f'-C &-4 City Attorney's Office It was moved by Bailev and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x X Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St" Iowa City, IA 52240 (319)356-5246 Legal Description of Property: see below Mortgagor(s): Stefani V. Karakas Mortgagee: City 01 Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 519 Rundell Street, Iowa City, Iowa, and legally described as follows: The South 40 feet of Lot 17 in Block 4 in Rundell, Johnson County, Iowa, according to the recorded plat thereof from an obligation of the owner, Stefani V. Karakas, to the City of Iowa City represented by a Mortgage, recorded December 2, 2005, Book 3968, Page 938 through Page 943, and a Promissory Note, recorded March 23, 2006, Book 4003, Page 48 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior reco(2cumeUnt. ; _, n ~ #~ MAYOR ATTEST: ~v:'~) J! ~ CITY ERK Approved by ~ ~ '-f -( 3'--0<:' City Attorney's Office STATE OF IOWA ) ) 55: JOHNSON COUNTY ) On this ~ day of /Ylc:L<...,;- , A.D. 20~, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross Wilburn 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 01 its City Council, as contained in Resolution No~, adopted by the City Council on the~N>' day rY1 h/fob ' 20-""<-- and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution 01 said instrument 0 be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ""N. KELLlE K. TUTTLE f~ Commission Number 221819 . . My Com 1551 n E~plres ow 0 Ke C ( H!- J< TZ..-+ff p _ Notary Public In and lor Johnson County, Iowa ..~"_"_ .._.__~,~~~___~_.__~____^__._._,_._m_____'_"~'_"""_._'n_'__._" __ r:=J Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-134 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 1906 WESTERN ROAD, IOWA CITY, IOWA. WHEREAS, on October 26, 2005, the owner executed a Mortgage with the City of Iowa City; and WHEREAS, the loan has been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. 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 1906 Western Road, Iowa City, Iowa from a Mortgage, recorded October 27, 2005, Book 3956, Page 536 through Page 540 of the Johnson County Recorder's Office. Passed and approved this 2nd day of Mav , 20--!l.6.-. ~(~jL MAYOR ATTEST: ~ ..j(. Kd.Nl) CITY LERK Approved by ~.~ 'f'-\ g'-os;.. City Attorney's Office It was moved by Bailev and seconded by Vanderhnpf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 52240 (31S)356-5246 Legal DescMption of Property: see below Mortgagor(s): Dennis Edward Ryan Mortsasee: City of Iowa City RELEASE OF LIEN The City of Iowa City does hereby release the property at 1906 Western Road, Iowa City, Iowa, and legally described as follows: The North 60 feet of the south 105 feet of Lots 1 and 2, Block 5, Fair Meadows Addition First Unit, to the City of Iowa City, Johnson County, Iowa, subject to easements and restrictions of record, if any. from an obligation of the owner, Dennis Edward Ryan, to the City of Iowa City represented by a Mortgage, recorded October 27, 2005, Book 3956, Page 536 through Page 540 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds opoo """ lho .bo~ pro",,'" by re"po 01 ~;dp"" ~~'1 j ~ M YOR ATTEST: ~;.....) P. CITY LERK ~~ APpr~S)~ City Attorney's Office Lf, ,)C:l-Ok, STATEOFIOWA ) ) SS: JOHNSON COUNTY ) On this ;v-d day of ~ ' A.D. 20 D(p ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ros Wilburn and MaMan 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.bl.,,-J3Lf, adopted by the City Council on the d. rI&t day~, 20 0'" and that the said Ross Wilburn and Malian K. Karr as such officers acknowledged the execution of said TrlStrumenl10 be the voluntary act and deed of said corporation, by it and by them voluntaMIy executed. ,...., KELLlE K. TUTTLE ~~... Commission ~u,mber 2?1819 . . My Comml Slon Expires row K<- Lli'e.- K -r;: +t( -e..... Notary Public in and for Johnson County, Iowa a:u Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 06-135 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A REHABILITATION AGREEMENT, A PROMISSORY NOTE AND TWO MORTGAGES FOR THE PROPERTY LOCATED AT 619 KIRKWOOD AVENUE, IOWA CITY, IOWA. WHEREAS, on May 12, 1995, the owners executed a Rehabilitation Agreement, a Promissory Note and a Mortgage with the City of Iowa City; and WHEREAS, on October 22, 1996, the owners executed another Mortgage with the City of Iowa City; and WHEREAS, the loans have been paid off; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. 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 Liens for recordation, whereby the City does release the property located at 619 Kirkwood Avenue, Iowa City, Iowa from a Rehabilitation Agreement, recorded, May 19, 1995, Book, 1905, Page 117 through Page 120, a Mortgage, Book 1905, Page 121 through Page 125, and a Promissory Note, Book 1905, Page 126 through Page 128, and a Mortgage, recorded October 30, 1996, Book, 2178, Page 39 through Page 43 of the Johnson County Recorder's Office. Passed and approved this 2nd day of May ,20~. (2 (~~ MAYOR ~ ATTEST: /Jr~ ok' K"a.uJ CITY CLERK Ap,Pr,?ved by ~~ tf-J.a-C~ City Attorney's Office It was moved by Bailev and seconded by VRnnPrhnpf the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn Prepared by and relurn: Liz Osborne, Housing Rehab Division, 410 E. Washinglon St., Iowa C~y, IA 52240 (319)356-5246 Legal Oescriplion of Property: see below Mortgagor(s): Mortgagee: C~ of Iowa C~ RELEASE OF LIENS The City of Iowa City does hereby release the property at 619 Kirkwood Avenue, Iowa City, Iowa, and legally described as follows: The East 11 feet of Lot 3, and West 34 feet of Lot 2, in Block 6, in Lucas Addition to Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the owners, Bernice E. and L. Weldon Decker, to the City of Iowa City represented by a Rehabilitation Agreement, recorded, May 19, 1995, Book, 1905, Page 117 through Page 120, a Mortgage, Book 1905, Page 121 through Page 125, and a Promissory Note, Book 1905, Page 126 through Page 128, and a Mortgage, recorded October 30, 1996, Book, 2178, Page 39 through Page 43 of the Johnson County Recorder's Office, This obligation has been satisfied and the property is hereby released from any liens or clouds "poo ". to "" .bo~ property by ro.~ 0' ~;d po" ~t2:'"1. L l ~ - MAYOR " ATTEST: ~p~~ *"'. k~ CI CLERK Approved by ~~ If--\~.o<'.o City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this :Lr.-d day of ~ ,AD. 200<P ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ross ilbum 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 aulhor~ of its C~ Council, as contained in Resolution No[J,'-/35. adopled by Ihe C~ Council on the;vv:J day ~ . 20~ and that the said Ross Wilburn and Marian K. Karr as such officers acknowledged the execution of said instrumen to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. k,--,,-- r-<-- k ---rz:...+H€/ Notary Public in and for Johnson County, Iowa M13 Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 06-136 RESOLUTION ADOPTING IOWA CITY'S FY07 ANNUAL ACTION PLAN, WHICH IS A SUB-PART OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER. WHEREAS, the U.S. Department of Housing and Urban Development requires the City of Iowa City, Iowa, to prepare and submit the FY07 Annual Action Plan as part of the City's 2006-2010 Consolidated Plan (Cm STEPS), as amended, to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for City of Iowa City fiscal year 200?; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FYO? Annual Action Plan; and WHEREAS, the FYO? Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the FY07 Annual Action Plan will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the FYO? Annual Action Plan and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE cm COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FYO? Annual Action Plan, filed in the office of the City Clerk, be and the same is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FYO? Annual Action Plan to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications or documents required by the U.S. Department of Housing and Urban Development. 3. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the FYO? Annual Action Plan. 4. The City Manager is hereby authorized to execute, terminate or amend CDBG and\or HOME Agreements entered into in connection with the allocation of public funds with subrecipients, Community Housing Development Organizations (CHDOs) or other legal entities. ppdcdbgf07 hud action plan.doc Resolution No. 06-136 Page ~ Passed and approved this 2nd day of May, 2006. Pro tem ATTEST: rn~K.~ CrrYCLERK ~ ~ I.f--JO-C)~ City Attorney's Office It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: x x x x x x NAYS: ABSENT: ABSTAIN: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn x . ppdcdbglO7 hud aclion p1an.doe EXHIBIT A PROJECTS RECOMMENDED FOR FY07 CDBG & HOME FUNDING HCDC (3/23/06) Recommendation Request or Council Earmark* ECONOMIC DEVELOPMENT PROJECTS Economic Development Fund - City of Iowa City* Subtotal HOUSING PROJECTS Affordable Homeownership - Iowa Valley Habitat for Humanity Tenant Based Rent Assistance - Iowa City Housing Authority Housing Rehabilitation - City of Iowa City* HOME Funds Not Allocated Subtotal PUBLIC FACILITIES PROJECTS Facility Rehabilitation - The Arc of Johnson County Facility Rehabilitation - Community Mental Health Center Facility Rehabilitation - Domestic Violence Intervention Program New Construction - Four Oaks Playground Improvements - Grant Wood Elementary Facility Rehabilitation - MECCA Subtotal PUBIC SERVICE PROJECTS Operational Expenses - Compeer Operational Expenses - Extend the Dream Foundation Case Management - Iowa City Free Medical Clinic Outreach Coordinator - Shelter House Operational Expenses - Visiting Nurse Association Aid to Agencies* Subtotal ADMINISTRATION AND PLANNING HOME Program Administration CDBG Program Administration and Planning Subtotal $141,000 $141,000 $141,000 $141,000 $220,000 $220,000 $36B,064 $200,000 $279,021 $279,021 $89,409 $867,085 $788,430 $2,852 $2,852 $18,280 $18,280 $6,400 $6,400 $200,000 $200,000 $56,437 $56,437 $22,000 $22,000 $305,969 $305,969 $2,584 $1,000 $2,250 $1,000 $21,000 $4,900 $10,000 $4,900 $10,000 $2,500 $105,000 $105,000 $150,834 $119,300 $63,722 $159,050 $222,772 $1,577,471 $680,249 $115,000 $50 ,000 $845,249 $637,222 $95,000 $732,222 $1,577,471 TOTAL SOURCES OF FUNDS FY07 CDBG Entitlement FY07 CDBG Estimated Program Income Unexpended CDBG Funds (from contingency, projects, & unallocated PI) TOTAL CDBG FY07 HOME Allocation FY07 HOME Estimated Program Income TOTAL HOME FY07 TOTAL ppdcdbglO7hudactionplan,doc M.qy ? ,2006 The City Council ofIowa City, Iowa, met in Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 There were present Mayor Wilburn named Council Members: regularSession, in the Emma J. o'clock L.M., on the above date. , in the chair, and the following Bailey, Champion, Correia,Elliott, O'Donnell. Vanderhoef Absent: None ******* -1- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $6,220,000 General Obligation Bonds, in order to provide funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair of traffic control devices and signals and equipping of the fire and police departments, essential corporate purposes, and that notice ofthe proposed action by the Council to institute proceedings for the issuance of said bonds, had been published pursuant to the provisions of Section 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the issuance of said bonds. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the issuance of said bonds and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -2- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $535,000 of general obligation bonds in order to provide funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center; general corporate purposes; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, ofthe City Code ofIowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code ofIowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -3- The Mayor announced that this was the time for meeting on the matter of the issuance of not to exceed $510,000 of general obligation bonds in order to provide funds to pay costs of the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoe/kayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition of land for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields; general corporate purposes; and that notice of the proposal to issue said bonds and the right to petition for an election had been published as provided by Section 384.26, of the City Code ofIowa; and, the Mayor then asked the Clerk whether any petition had been filed in the Clerk's Office, as contemplated in Section 384.26 of the City Code ofIowa, and the Clerk reported that no such petition had been filed, requesting that the question of issuing said bonds be submitted to the qualified electors of the City. Whereupon, the Mayor declared the hearing on the issuance of said bonds to be closed. -4- ~ The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member O'Donnell introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS", and moved: [!) that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock _.M. on the day of , 2006, at this place. Council Member caIled and the vote was, Champion seconded the motion. The roll was AYES: Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell NAYS: None Whereupon, the Mayor declared the measure duly adopted. 06-137 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $6,220,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $6,220,000 General Obligation Bonds for the essential corporate purpose of paying costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, instaIlation and repair oftraffic control devices and signals and equipping of the fire and police departments, and has considered the extent of objections received from residents or property owners as to said proposed -5- issuance of bonds; and, accordingly the following action is now considered to be in the best interests ofthe City and residents thereof: NOW, TIIEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $6,220,000 General Obligation Bonds for the foregoing essential corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of May 2006. ~uJ1~ Mayor ATTEST: h~~~_.J 0I(.~ City lerk -6- ....., ~ Whereupon, Council Member Bailev introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $535,000 GENERAL OBLIGATION BONDS", and moved: []I that the Resolution be adopted. D to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of , 2006, at this place. Council Member called and the vote was, Correia seconded the motion. The roll was A)1ES: Wilburn, Bailey, Champion, Correia, Elliott, O'Donnell, Vanderhoef NAYS: None. Whereupon, the Mayor declared the measure duly adopted. 06-138 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $535,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $535,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests ofthe City and residents thereof: -7- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $535,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds of the Bonds, all or a portion of the original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of May 2006. Qu~ Mayor ATTEST: Yh~...t./~..u k. k/V./\) City Clerk -8- ~ Whereupon, Council Member Champion introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION BONDS", and moved: UI that the Resolution be adopted. o to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock _.M. on the day of , 2006, at this place. Council Member called and the vote was, Correia seconded the motion. The roll was AYES: Bailey, Champion, Correia, Elliott. O'Donnell. Vanderhoef. Wilburn NAYS: None Whereupon, the Mayor declared the measure duly adopted. 06-139 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION AND ISSUANCE OF NOT TO EXCEED $510,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, the Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $510,000 General Obligation Bonds for a general corporate purpose, in order to provide funds to pay costs of the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoe/kayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition of land for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields, and no petition was -9- filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $510,000 General Obligation Bonds for the foregoing general corporate purpose. Section 2. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with the proceeds ofthe Bonds, all or a portion ofthe original expenditures incurred in connection with the above purpose. PASSED AND APPROVED this 2nd day of May 2006. ~U~ Mayor ATTEST: 77Ig~;"''''' ~ ok. ~ JJ..J City C erk -10- ~ Council Member Vanderhoef introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,265,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 2006A AND $1,000,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B, AND APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member O'Donnell seconded the Resolution to adopt. The roll was called and the vote was, AYES: Chamnion. Correia. Elliott. O'Donnell, Vanderhoef, Wilburn, Bailey NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: 06-140 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $6,265,000 ESSENTIAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS, SERIES 2006A AND $ I ,000,000 ESSENTIAL CORPORATE PURPOSE BONDS, TAXABLE SERIES 2006B, AND APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, the City ofIowa City, Iowa, is in need of funds to pay costs of the construction, reconstruction, and repairing of improvements to public ways and streets; the acquisition, installation and repair of traffic control devices and signals and equipping ofthe fire and police departments, an essential corporate purpose project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $6,220,000 as authorized by Section 384.25 of the City Code ofIowa; and WHEREAS, pursuant to notice published as required by Section 384.25 this Council has held a public meeting and hearing on May 2, 2006, upon the proposal to institute proceedings for the issuance of not to exceed $6,220,000 general obligation bonds, and all objections, if any, to such Council action made by any resident or property owner of said City were received and considered by the Council; and it is the decision of -11- the Council that additional action be taken for the issuance of $6,220,000 general obligation bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, the City of Iowa City, Iowa, is also in need of funds to pay costs of targeted area housing rehabilitation improvements; the acquisition of art for public buildings and areas and window replacement to a Recreation Center, general corporate purposes project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $535,000, as authorized by Section 384.26 of the City Code ofIowa; and WHEREAS, the City ofIowa City, Iowa, is also in need of funds to pay costs of the improvement and equipping of recreation grounds, including the Soccer Park; improvements to the Waterworks Prairie Park, including canoe/kayak launch area and nature trails, construction of one or more park shelters and a fishing pier; acquisition of land for development of the Sand Lake Recreational Area and improvements to the Mercer baseball fields, general corporate purposes project, and it is deemed necessary and advisable that the City issue general obligation bonds for said purpose to the amount of not to exceed $510,000, as authorized by Section 384.26 of the City Code ofIowa; and WHEREAS, said City has a population of more than 5,000 but not more than 75,000, and the amount of the said proposed bond issue is not more than $700,000.00; and WHEREAS, pursuant to notices published as required by Section 384.26, this Council has held a public meetings and hearings on May 2, 2006 , upon the proposal to institute proceedings for the issuance of not to exceed $535,000 general obligation bonds, and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of$535,000 general obligation bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and WHEREAS, pursuant to notices published as required by Section 384.26, this Council has held a public meetings and hearings on May 2, 2006 , upon the proposal to institute proceedings for the issuance of not to exceed $510,000 general obligation bonds, and no petition was filed in the manner provided by Section 362.4 of the City Code of Iowa; and it is the decision of the Council that additional action be taken for the issuance of $510,000 general obligation bonds, and that such action is considered to be in the best interests of said City and the residents thereof; and -12- WHEREAS, pursuant to Section 384.28 of the City Code ofIowa, it is deemed appropriate that $6,625,000 of the various general obligation bonds hereinabove described be combined for purposes of issuance and sale in a single issue of corporate purpose bonds as hereinafter set forth; and WHEREAS, pursuant to Section 384.25 of the City Code ofIowa, it is deemed appropriate that $1,000,000 of the essential corporate purpose general obligation bonds hereinabove described be issued as a separate series of Taxable General Obligation Bonds; and WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: Section I. That the receipt of electronic bids by facsimile machine and through the PARIT~ competitive bidding system described in the Notice of Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That the City Clerk is hereby directed to publish notice of sale of said bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date ofthe sale. Publication shall be made in the "Press- Citizen", a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code ofIowa, and shall state that this Council, on the 13th day of June, 2006, at 7:00 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at I :00 o'clock P.M. on said date. The notice shall be in substantially the following form: -13- PASSED AND APPROVED this 2nd day of Mav ,2006. ~L~_r;Q~ ~; A-.:J k. c;(eV\A) City C erk Mayor -14- Publish 5/25 NOTICE OF BOND SALE Time and Place of Sealed Bids: Bids for the sale of General Obligation Bonds of the City ofIowa City, Iowa, will be received at the office ofthe Finance Director, in the City ofIowa City, Iowa (the "Issuer") at 1 :00 o'clock P.M., on the 13th day of June, 2006. The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the TERMS OF OFFERING. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, SERIES 2006A, in the amount of $6,265,000, to be dated June 29, 2006 and GENERAL OBLIGATION BONDS, TAXABLE SERIES 2006B in the amount of $1,000,000, to be dated June 29, 2006 (the "Bonds"). Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: . Sealed Bidding: Sealed bids may be submitted and will be received at the office of the Finance Director, Iowa City, Iowa . Electronic Internet Bidding: Electronic internet bids will be received at the office of the Finance Director, Iowa City, Iowa. The bids must be submitted through the P ARITY@ competitive bidding system. . Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the Finance Director, Iowa City, Iowa. Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids: After the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and A ward: The sale and award of the bonds will be held at the Emma J. Harvat Hall, City Hall at a meeting of the City Council on the above date at 7:00 o'clock P.M. Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, City Hall, 410 E. Washington Street, Iowa City, Iowa, 52240 - telephone: (319) 356-5053; or the City's Financial Consultant, Public Financial Management, Inc., 2600 Grand Avenue, Suite 214, Des Moines, Iowa, 50312 - telephone: (515) 243-2600. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City ofIowa City, Iowa. s/Marian K. Karr City Clerk of the City ofIowa City, Iowa (End of Notice) 490575.11WP10714087 CIG-3 9/91 CERTIFICATE STATE OF IOWA ) ) SS ) COUNTY OF JOHNSON I, the undersigned City Clerk ofIowa City, Iowa, do hereby certify that attached is a true and complete copy ofthe portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code ofIowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members ofthe public present in attendance; 1 further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of May , 2006. ~~~~~ City erk, Iowa CIty, Iowa SEAL MMCGINLEl489766.1 \ WP I 0714.087 -17- --~._--_.__._--_.__.._-~~-_._._-_._---~--_._-_.__._---_._-------_._---,---~."._--,_._._-_..__._--_..__._----..--.-.,---------------- ~ ~ I d-~repared by: Brian Boelk, Civil Engineer, 410 E. Washington St" Iowa City, IA52240 (319) 356-5437 RESOLUTION NO. RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE C_ONSTRUCTION OF THE GRAND AVENUE ROUNDABOUT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 1 0:00 a.m. on the 24th day of May, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 6th day of June, 2006, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this day of ,2006. Mayor ATTEST: City Clerk APprov~ ~z: Offi-;- > ~/pt/tPc." ~ Prepared by: Daniel Scott. Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356.;.5144 RESOLUTION NO. 06-141 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2006 ASPHALT OVERLAY PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the City Hall, until 1 0:30 a.m. on the 23rd day of May, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 13'h day of June, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 2nd d'yof ~ J 1L-- MAYOR ATTEST: ~.A-.J II. ~^) CITY ERK App_ by ~ ~ 'th-<+/4 Ci&mey'S 0 Ice pweng\res\2OO6asphall..overlay.doc Resolution No. Page 2 06-141 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: AYES: NAYS: x x x x x y x Bailey the Resolution be ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn r1rJ Prepared by: Mitchel T. Behr, Assl. City Attorney, 410 E. Washington SI., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 06-142 RESOLUTION APPROVING THE TERMS ON WHICH THE CITY WILL PURCHASE A 3.7 - ACRE PARCEL OF LAND LOCATED AT 2401 SCOTT BOULEVARD, AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST DOCUMENTATION OF THE SAME. WHEREAS, the Department of Public Works considers it in the public interest to acquire a 3.7-acre parcel of property located at 2401 Scott Boulevard; WHEREAS, the site would be used by the City for construction and operation of a recycling facility and the currently existing building on the site could be leased to a third party; WHEREAS, City Staff has negotiated an offer to purchase the parcel for $730,000 from the owner, T & R Investments Inc., which offer is contingent upon City Council approval, a copy of which is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The terms set forth in the offer to buy real estate and acceptance attached hereto are approved by the City Council. 2. Upon direction of the City Attorney, the Mayor is authorized to sign and the City Clerk to attest any and all documentation necessary to effectuate the purchase of the property pursuant to the terms as approved herein. Passed and approved this 2nd day of May 'm' ~LJ~ ~ MAYOR ATTEST:J2:J~ oj(. 1<'a.vJ CIT LERK Approved by ~~ C, 'T/~y~(, 'City Attorne s Office Resolution No. Page 2 06-142 It was moved by Correia and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x y x y x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef W[lburn Purchase and Sale Agreement Page I OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: T & R Investments Inc. (hereinafter "Seller"). The City of Iowa City, Iowa, a municipal corporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, title and interest in the real estate consisting of approximately 3,7 acres situated in Johnson County, Iowa, locally known as 2401 Scott Boulevard, in Iowa City, Iowa, and legally described as follows: See attached Exhibit A (legal description to be approved by City Attorney) together with all the Seller's right, title and interest in all Buildings and Improvements, if any, located on the above-described real estate, and under any easement and servitudes for the benefit of the Seller, free and clear of all liens, encumbrances, reservations, exceptions and modifications=except for the Permitted Exceptions, as defined below. The entirety of the above-described interests being conveyed shall hereinafter be referred to as the "Property". The Property shall be conveyed with good, clear, merchantable title, subject to the following "Permitted Exceptions": 1. Zoning and building laws and ordinances; 2. Subject to covenants, restrictions, reservations and easements of record approved by City. In consideration of the covenants and obligations contained herein, the parties agree as follows: 1. PURCHASE PRICE. City offers to purchase all the Sellers' right, title and interest in the property for the purchase price of $730,000.00 (the "Purchase Price"), paid as follows: payable in full at the time of closing and transfer of possession, all title objections being corrected to show marketable title. 2. ABSTRACT AND TITLE. Seller shall promptly deliver to the City for examination an abstract of title for the Property, continued to a date subsequent to the date of this Offer, prepared pursuant to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstracting Standards, and Iowa Land Title Examination Standards of the Iowa State Bar Association. The abstract shall begin with the government patent to the Property and show merchantable title in Seller, subject only to Permitted Exceptions. The cost of the continuance of an existing abstract shall be paid by the Seller. The Seller shall pay all costs required to deliver marketable title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 3. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: Offer to Buy Purchase and Sale Agreement Page 2 1) A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 448.69. 2) A Declaration of Value. 3) All other documents deemed reasonably necessary to satisfy the title objections of the City's Legal Counsel pursuant to a title opinion. 4) A warranty deed fully executed. 4. POSSESSION AND CLOSING. Subject to the City's approval of title and both City's and Seller's timely performance of all obligations herein, closing shall be held on a date no later than May 31, 2006 (the "Closing Date"). On and after the Closing Date=and upon payment of the Purchase Price, the City shall be entitled to immediate possession of the Property and to receipt of all rents and profits from the Property due thereafter, if any. R INSPECTION OF THE PROPERTY. Prior to Closing, the City, at its expense, all have the ?<! right to conduct such investigations, inspections and inventories of the Pr erty as it deems 5~A/ reasonable or necessary prior to closing. The Sellers hereby gran e City, its officers, # agents, employees and independent contractors, the right to er upon the Property at reasonable times upon reasonable notice, oral or written, fr time to time after the date of this Offer for the purposes of investigating, inspectin nd performing inventories of the Property and to determine if there are any structu ,mechanical, plumbing, electrical, or environmental deficiencies, including hazardous aterials, substances, conditions, or waste. City shall indemnify and hold harmless Sell rom and against any and all expenses, claims, or losses arising from or in connecti with any activities of City, its officers, agents, employees, or contractors on th roperty prior to the Closing Date, including without limitation, any attorney's fees 0 urt costs occasioned by such claims. City may notify Seller in writing of any such d lency. Failure to do so shall be deemed a waiver of City's inspection and repair . ts. In the event of any claim or demand by City as a result of inspections, Seller all declare and commence one of the following options: (a) making said items operati I or functional or otherwise curing the deficiency, or (b) amending this agreeme y giving City a credit for the cost of curing the deficiency, or (c) canceling this agree nt. If prior to the Closing Date Seller does not promptly cure all such deficiencies in a m er mutually agreeable to the City and Seller, then City may declare this offer null and oid. 5. 6. INSURANCE. Seller shall maintain and keep in force and effect all existing property and liability insurance until the Closing Date and delivery of possession. 7. STATUS QUO MAINTAINED. The Property shall be preserved in its present condition and Seller shall deliver it intact at the time possession to the City is given. All risk of loss or damage to the Property is on Seller until the City takes possession. Prior to possession by the City, Seller shall promptly give written notice to the City of any loss or damage to the Property. In the event of loss, damage or destruction of all or part of the Property, the City shall have the option to terminate this Agreement effective immediately. However, in the case of loss, damage or destruction of all or part of the Property from causes covered by insurance, the City shall have the option to either: (1) take possession of the Property and accept an assignment of all Seller's right, title and interest in and to any claims Seller has under the insurance policies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property prior to possession and Offer to Buy Purchase and Sale Agreement Page 3 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. A. B. closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by its tenants or other occupants, prior to the date of possession by the City, including without limitation of the foregoing, sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. TAXES. Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the fiscal year (July 1 - June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall be calculated based upon the assessed valuation, legislative tax rollback, and real estate tax exemptions that will actually be applicable to and used for the calculation of taxes payable in the fical year commencing July 1, 2006. If, at the time of closing the tax rate is not certified, then the most current, certified tax rate shall be used. REMEDIES OF THE PARTIES. In the event of default hereunder, City and Seller is entitled to utilize any and all remedies or actions at law or in equity available to them with respect to this agreement and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SPECIAL ASSESSMENTS. Seller shall pay in full all special assessments on the Property which have been certified to the Johnson County Treasurer for collection before the Closing Date. TIME IS OF THE ESSENCE. Time is of the essence of this agreement. CONTRACTS BINDING ON SUCCESSORS IN INTEREST. The document shall apply to and bind the heirs, executors, administrators, partners, assigns, and successors in interest of the respective parties. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgement clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according to the context. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this document. ACCEPTANCE OF OFFER. This Offer sh~ become null and void at the option of the City unless accepted by the Seller within ~) days after its presentation to Seller. 'fe oJ.- (4) (2u.) .(;l f(.../" OTHER PROVISIONS. "1J It shall be the responsibility of Seller at Seller's expense to terminate all rights of any existing tenants so City shall have sole possession and at Closing Seller shall exhibit evidence satisfactory to City of such termination, . All property that integrally belongs to or is part of the Property, whether attached or detached, such as light fixtures, shades, rods, blinds, awning, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. All Offer to Buy Purchase and Sale Agreement Page 4 business property and personal property of Seller not attached to the floors, walls and ceiling, including the gas tank and related fencing, shall not be considered a part of the Real Estate and are not included in the sale. Furthermore, Seller agrees to remove all debris and personal property not included herein from the property by possession date unless there is a prior written agreement by the parties to the contrary. D. City's obligations under this agreement shall be subject to formal approval of this agreement by the City Council. This Offer is presented to the Seller on this 4- fr'~ I '2.t? ,2006. CITY OF IOWA CITY, IOWA BY 5ltk~ Step he" J. A ins, City Manager Accepted this.d.d day of O~ T & R Investments Inc. ,2006. Mitch/AT & R Investments/Offer to Buy Offer to Buy Exhibit "A" Part of Lot 7, Auditor's Plat No. 32, more particularly described as: Commencing at a point of reference at the east quarter corner of Section 24, Township 79 North, Range 6 West of the 5th P.M., Iowa City, Johnson County, Iowa; thence S88043'53"W, 20.00 feet along the north line of the southeast quarter of said Section 24, to a point of intersection with the westerly right-of-way line of Scott Boulevard and the point of beginning of the tract herein (for purposes of this description the east line of the southeast quarter of said Section 24 is assumed to bear true north); thence NOooI5'10"W, 65.00 feet to a point; thence S88048'53"W, 396.24 feet along a line paraUel with and 65 feet northerly of and measured perpendicular to the north line of the southeast quarter of said Section 24, to a point; thence south 306.05 feet to a point; thence S64003'01"E, 440.88 feet to a point of intersection with said westerly right-of-way line of Scott Boulevard; thence north 442.17 feet along said westerly right-of-way line of Scott Boulevard to the point of beginning, being Lot 7, Auditor's Plat No. 32, according to the plat thereof recorded in Book 16, Page 79, Plat Records of Johnson County, Iowa, excepting therefrom; commencing at the northeast corner of Section 24, Township 79 North, Range 6 West of the 5th P.M.; thence SOooI8'56"E, 2583.35 feet; thence S88048'53"W, 20.00 feet to the point of beginning; thence SOooI8'56"E, 64.65 feet; thence SOoo03'29"E (this is an assumed bearing), 442.54 feet; thence N64003'01"W, 33.38 feet; thence NOoo03'29"W, 427.84 feet; thence NOooI8'56"W, 64.13 feet; thence N88048'53:E, 30.00 feet to the point of beginning. IS Purchase and Sale Agreement. Page I OFFER TO PURCHASE REAL ESTATE AND ACCEPTANCE (PURCHASE AND SALE AGREEMENT) TO: Inc. (hereinafter "Seller"). The City of Iowa City, Iowa, municipal corporation of the State of Iowa (herein "City"), hereby offers to buy all the Seller's right, ti e and interest in the real estatEl consisting of approximately 3.7 acres situated in Johnson County, I wa, locally known as 2401 Sc tt Boulevard, in Iowa City, Iowa, and legally described as follows: See attached Exhibit A (legal description to be a together with all the Seller's right, tit and interest in I Buildings and Improvements, if any, located on the above-described real estate, nd under any asement and servitudes for the benefit of the Seller, free and clear of all liens, encu brances, re rvations, exceptions and modifications_except for the Permitted Exceptions, as defined below. T entirety of the above-described interests being conveyed shall hereinafter be referred t as the" roperty". 1. 2. The Property shall be conveyed with 0 tl, clear, merchantable title, subject to the following "Permitted Exceptions": City. In consideration of the coven ts and obligations ontained herein, the parties agree as follows: 1. PURCHASE PRIC . City offers to purcha e all the Sellers' right, title and interest in the property for the p rchase price of $730,000.0 (the "Purchase Price"), paid as follows: payable in full at the ti of closing and transfer of p session, all title objections being corrected to show marketa e title. 2. ABSTRAC AND TITLE. Seller shall promptly deli r to the City for examination an abstract of title for t Property, continued to a date subseq ent to the date of this Offer, prepared pursuan to Iowa Code Sections 614.29 through 614.38, Iowa Land Title Association Abstra ing Standards, and Iowa Land Title Examina' n Standards of the Iowa State Bar Asso 'ation. The abstract shall begin with the governme t patent to the Property and show mer antable title in Seller, subject only to Permitted Excep' ns. The cost of the continuance of existing abstract shall be paid by the Seller. The Seller shall pay all costs required to iver marketable title to the Property and Seller shall pay the cost of any additional abstracting and/or title work due to acts or omissions of Seller, including transfers or death of Seller or assigns. The abstract shall become the property of the City when the Purchase Price is paid in full. 3. DOCUMENTS DELIVERED AT OR BEFORE CLOSING. A. At the time of closing and upon payment of the Purchase Price, Seller shall deliver the following to the City: Offer to Buy Purchase and Sale Agreement Page 2 4. 5. 1) A Groundwater Hazard Statement with respect to the Property, as provided in Iowa Code Sec. 448.69. 2) A Declaration of Value. 3) All other document eemed reasonably n cessary to satisfy the title objections of the City's Le Counsel pursuant to a tie opinion. 4) A warranty de d fully executed. POSSESSION AND CLOSI G. Subject to the ity's approval of title and both City's and Seller's timely performance 0 all obligations h rein, closing shall be held on a date no later than May 31, 2006 (the "Closi g Date"). On d after the Closing Date=and upon payment of the Purchase Price, the City s all be entitle to immediate possession of the Property and to receipt of all rents and profits fr the Pro erty due thereafter, if any. Et<J INSPECTION OF THE PROPE TY. P. lor to Closing, the City, at its expense all have the right to conduct such investigatio s, . spections and inventories of the Pr erty as it deems 5~A/ reasonable or necessary prior t osing. The Sellers hereby gran e City, its officers, /J agents, employees and indepen nt contractors, the right to er upon the Property at reasonable times upon reason Ie notice, oral or written, fr time to time after the date of this Offer for the purposes inv stigating, inspectin nd performing inventories of the Property and to determine . there are any structu ,mechanical, plumbing, electrical, or environmental deficiencies, ncluding hazardous aterials, substances, conditions, or waste. City shall indemnify and Id harmle Sell rom and against any and all expenses, claims, or losses arising from r in conne f with any activities of City, its officers, agents, employees, or contra ors on the perty prior to the Closing Date, including without limitation, any attorne s fees 0 urt c ts occasioned by such claims. City may notify Seller in writing of any s h d . ency. Fa ure to do so shall be deemed a waiver of City's inspection and rep ir . ts. In the ev t of any claim or demand by City as a result of inspections, Seller, all declare and com ence one of the following options: (a) making said items operati or functional or othe 'se curing the deficiency, or (b) amending this agreeme y ving City a credit for the c st of curing the deficiency, or (c) canceling this agree nt. If rior to the Closing Date Selle does not promptly cure all such deficiencies in a m er mut Ily agreeable to the City and Iler, then City may declare this offer null and oid. 6. INSURAN E. Seller shall maintain and keep i force and effect all existing property and liability in urance until the Closing Date and delive of possession. 7. , ! STATU QUO MAINTAINED. The Property shall be reserved in its present condition and Seller all deliver it intact at the time possession t the City is given. All risk of loss or damag to the Property is on Seller until the City takes p session, Prior to possession by the City, Iler shall promptly give written notice to the City of a loss or damage to the Property. In the event of loss, damage or destruction of all or part of the operty, the City shall have the optio to terminate this Agreement effective immediately. HoWever, in the case of loss, dam ge or destruction of all or part of the Property from causes covered by insurance, the City shal have the option to either: (1) take possession of the Property and accept an assignment of I Seller's right, title and interest in and to any claims Seller has under the insurance poli ies covering the Property; or (2) terminate this Agreement effective immediately. City shall be permitted to make a walk through inspection of the property prior to possession and Offer to Buy Purchase and Sale Agreement Page 3 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. A. B. closing, in order to determine that there has been no material change in the condition of the property except those mutually agreed upon. UTILITIES. The Seller shall be responsible for payment of all utility expenses incurred by it or incurred by its tenants or other occupants, prior to the date of possession by the City, including without limitation of the foregoing, sewer, solid waste and water charges which may be assessed for collection pursuant to Iowa Code Section 384.84. TAXES. Seller shall pay a pro-rata share of taxes on the Property (real and personal) for the fiscal year (July 1 - June 30) of Closing based on the Closing Date, and all unpaid taxes for prior years. The amount shall b calculated based upon the assessed valuation, legislative tax rollback, and real estate ta exemptions that will actually bE} applicable to and used for the calculation of taxes payabl in the fical year commencing 'July 1, 2006. If, at the time of closing the tax rate is not ce ified, then the most current, c ified tax rate shall be used. REMEDIES OF THE PARTIE . In the event of default ereunder, City and Seller is entitled to utilize any and all remedies or actions at law or in eq y available to them with respect to this agreement and shall be entitle to obtain judgment f fcoStS and attorney fees as permitted by law. SPECIAL ASSESSMENTS. Sell r shall pay i full all special assessments on the Property which have been certified to the ohnson C nty Treasurer for collection before the Closing Date. TIME IS OF THE ESSENCE. Time i of e essence of this agreement. CONTRACTS BINDING ON SUCC S ORS IN INTEREST. The document shall apply to and bind the heirs, executors, admini rato ,partners, assigns, and successors in interest of the respective parties. INTENTION OF USE OF RDS AN PHRASES. Words and phrases contained herein, including the acknowledg ent clause, shall be construed as in the singular and plural number, and as masculin ,feminine or ne ter gender, according to the context. PARAGRAPH HEADI S. The paragraph headings contained herein are for convenience in reference and are no ntended to define or I it the scope of any provision of this document. ACCEPTANCE 0 OFFER. This Offer sha become null and void at the option of the City unless accepted the Seller within th ) ays after its presentation to Seller. ~-JY' (4' (lu) .d/(,.../ OTHER PROV IONS. -V It shall e the responsibility of Seller at eller's expense to terminate all rights of any existi g tenants so City shall have sole p ssession and at Closing Seller shall exhibit evid ce satisfactory to City of such termin ion,. All roperty that integrally belongs to or is ~ of the Property, whether attached or d ached, such as light fixtures, shades, rods, bjinds, awning, windows, storm doors, reens, plumbing fixturE;ls, water heaters, Water softeners, automatic heating ipment, air conditioning equipment, wall to Wall carpeting, built-in items and electrical service cable, outside television towers and a~tenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. All Offer to Buy Purchase and Sale Agreement Page 4 business property and personal property of Seller not attached to the floors, walls and ceiling, including the gas tank and related fencing, shall not be considered a part of the Real Estate and are not included in the sale. Furthermore, Seller agrees to remove all debris and personal property not included herein from the property by possession date unless there is a prior written agreement by the parties to theontrary. D. City's obligations under this agreement shall agreement by the City C uncil. This Offer is presented to the Se er on this Accepted this .di:L day of T & R Investments Inc. ,2006. , , Mitch/AT & R Investments/Offerta Buy / / I Offer to Buy to formal approval of this ,2006. ins, City Manager Exhiblt uA" Part of Lot 7, Auditor's Plat No. 32, more particularly described as: Comm cing at a point of reference at the east quarter comer of Se' n 24, Township 79 North, e 6 West of the 5th P.M., Iowa City, Johnson County, Iowa' thence S88"43'53"W, 20.00 feet ong the north line of the southeast quarter of said Section 24, to a point of intersection with t westerly right-of-way line of Scott Boulevard and the point of beginning of the tract her n (for purposes of this description the east line of the southeast uarter of said Section 24 is sumed to bear true north); thence NOooI5'10"W, 65.00 feet to a oint; thence S88048'53" , 396.24 feet along a line parallel with and 65 feet northerly of d measured perpend' ular to the north line of the southeast quarter of said Section 24, to point; thence sou 306.05 feet to a point; thence S64003'01"E, 440.88 feet to a point ofint rsection with said esterly right-of-way line of Scott Boulevard; thence north 442. I 7 feet along aid westerly ri t-of-way line of Scott Boulevard to the point of beginning, being Lot 7, Audito 's Plat No. 3 , according to the plat thereof recorded in Book 16, Page 79, Plat Records of Johns n County owa, excepting therefrom; commencing at the northeast comer of Section 24, Towns 'p 79 rth, Range 6 West of the 5th P.M.; thence SOooI8'56"E, 2583.35 feet; thence S88048' "W, 0.00 feet to the point of beginning; thence SOooI8'56"E, 64.65 feet; tlience 800003'29" ( s is an assumed bearing), 442.54 feet; thence N64003'01"W, 33.38 feet; thence NOoo03'29" , 427.84 feet; thence NOooI8'56"W, 64.13 feet; thence N88048'53:E, 30.00 feet to the point 0 ginning. I 0510~~6 I Prepared by: Marcia Klingaman, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5237 RESOLUTION NO. 06-143 RESOLUTION APPROVING THE CONTRACT BETWEEN THE CITY OF IOWA CITY AND THE ARTIST FOR DISPLAY OF A SCULPTURE ON THE IOWA'S SCULPTOR'S SHOWCASE. WHEREAS, the City, for the purpose of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase on July 10, 2001 by Resolution No. 01-205; and WHEREAS, the Iowa Sculptor's Showcase, a concrete pad located on the downtown pedestrian mall northeast of the Weatherdance Fountain allows the opportunity for Iowa sculptors to display their work for approximately a year; and WHEREAS, the Iowa City Public Art Advisory Committee reviewed and approved the proposed sculpture of an Iowa artist at their April 6, 2006 meeting; and WHEREAS, a contract has been negotiated with the artist for display of his work on the showcase for a period of June 1, 2006 and ending no later than May 31, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The Agreement between the City of Iowa City and artist Gene Anderson for the exhibition of his sculpture as described in the agreement on the Iowa Sculptor's Showcase for a period of June 1, 2006 and ending no later than May 31, 2007 be approved. 2. The Mayor is hereby authorized to execute and the City Clerk to attest said Agreement Passed and approved this 2nd day of Mav , 20~. ~LJjlL MAYOR ATTEST: ?lrcu"'~ II. ~AA) CI LERK -;pf~ove_d ~ ~. . ~-2-<f-D1- City Attorney's Office Nelghbor/res/showcase06.doc Resolution No. Page 2 06-143 It was moved by Bailev and seconded by Champion adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x X x X x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn -------"~--~-,~_._._~_..,-~--------"'---"'..-._---_.,_..,_...._------,-_._----------_._-~--.~._--~------------------. CITY OF IOWA CITY PUBLIC ART PROGRAM SCULPTOR'S SHOWCASE 2006/2007 AGREEMENT BY AND BETWEEN CITY AND ARTIST THIS AGREEMENT is made on May 2. 2006 between the City of Iowa City, hereinafter referred to as the CITY, and Gene Anderson, hereinafter referred to as the ARTIST. The CITY'S REPRESENTATIVE shall be the Director of the Department of Planning and Community Development or his/her designee. The COMMITTEE shall be the Public Art Advisory Committee. WHEREAS, the CITY, for the purposes of fostering appreciation of the arts, bringing attention to its downtown and giving Iowa artists an opportunity to display their work in public, established the Iowa Sculptor's Showcase, a location on the downtown pedestrian mall that will provide the venue to exhibit the work of Iowa artists, and WHEREAS, the CITY, on the recommendation of the COMMITTEE, has accepted the proposal by the ARTIST and hereinafter referred to as the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on the Iowa Sculptor's Showcase. A copy of said proposal as accepted is attached hereto as Exhibit "A" (hereinafter "Proposal"). NOW, THEREFORE, in consideration of the mutual promises and undertakings contained herein, the parties agree as follows: Article 1. Scope of Services The CITY will exhibit the ART WORK described below on the Iowa Sculptor's Showcase, a concrete pad on the downtown pedestrian mall located approximately 50 feet northeast of the Weatherdance Fountain for an exhibition period beginning no later than June 1, 2006 and ending no later than May 31, 2007. The ARTIST has voluntarily submitted the ART WORK described below for display on the Iowa Sculptor's Showcase. Article 2. Description of art work Title: A Muse Medium: Poured Reinforced Marblecrete/Steel baseplate Material: White Marblecrete Height: 6'-63(4" (including pedestal) Approximate Weight: 650 Ibs. Fair Market (insurance) value: $8000.00 2 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. Article 4. Duration of Loan The ART WORK described by this agreement will not be released from loan from the time it is delivered to the CITY until the time of removal from the exhibition or the termination of the exhibition plus a reasonable period of time for removal, except by prior written agreement between the parties. It is hereby agreed between the parties that the CITY is entitled to exclusive possession of the ART WORK until the ART WORK has been released from loan. Unless otherwise notified in writing by the ARTIST, the CITY will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the ART WORK to the ARTIST within a reasonable period following the expiration of the exhibition, and no special arrangements have been made, then the CITY shall have the right to dispose of the ART WORK in any manner whatsoever. In the event that ownership changes during the period of the loan, the new owner is required to establish his legal right by proof satisfactory to the CITY. This agreement is binding upon and shall inure to the benefit of the parties, heirs, executors, administrators, representatives, successors and assigns. Article 5. Installation and Removal The ARTIST agrees to work with the CITY in planning for and installing the ART WORK prior to exhibition opening and will promptly remove the ART WORK after the conclusion of the exhibition. The City reserves the right to remove the ART WORK from the Iowa Sculptor's Showcase for any reason whatsoever. However, it is expressly understood and agreed that the acceptance and installation of the subject ART WORK is conditioned upon the feasibility of a safe and secure installation on the Iowa Sculptor's Showcase. If it is determined by the CITY, after arrival of the ART WORK or before then, that because of inherent qualities or attributes of the ART WORK it is not feasible or consistent with the budgeting resources to safely and securely install the ART WORK on the Iowa Sculptor's Showcase, the CITY shall be under no obligation to do so. In such case, the ART WORK shall be retrieved from the CITY by the ARTIST within 10 days of notification by the CITY, but the ARTIST shall nevertheless receive payment of $500. Article 6. Transportation and Delivery Transportation and delivery from the ARTIST to the CITY shall be the responsibility of the ARTIST. Delivery will be complete when the ARTIST delivers and assists the CITY with the installation of the ART WORK on the Iowa Sculpture's Showcase. Return to the ARTIST shall occur at the same location as delivery. 3 Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss or damage, unless specifically covered by insurance as set forth in Article 10 of this ag reement. Article 8. Repair In the event that either the CITY or the ARTIST decides that the ART WORK requires repair in order to preserve public safety or to preserve the ART WORK, the ARTIST shall be given the first opportunity to make the necessary repairs under CITY supervision and within 30 days of notice by CITY of the need for repair. If the ARTIST has not effected satisfactory repairs within 30 days after notification that such repairs are required, then the CITY reserves the right to repair the ART WORK or to remove it to a safe location for storage. Except for the repairs specified herein, the CITY will not clean, retouch, or iliter the ART WORK without consent of the ARTIST. Article 9. City Discretion The CITY has the sole discretion to determine whether, and for how long the ART WORK shall be exhibited. Article 10. Insurance and Liability The CITY will insure the ART WORK against casualty loss at a value specified by the ARTIST, but the amount specified by the ARTIST must reflect fair market value, and insurance coverage shall in no instance exceed $10,000 per ART WORK. At the CITY'S option, the CITY may self- insure the ART WORK, but in no instance shall the CITY'S liability for casualty loss exceed $10,000 per ART WORK. The ARTIST shall be included with the CITY as an insured on any policy covering such loss. The ARTIST agrees that in the event of loss or damage, recovery shall be limited to such amount, if any, determined by the insurer, hereby releasing the CITY from any further liability for claims arising from the loss or damage, and save and hold harmless the CITY from any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty to said ART WORK. Article 11. Publicity The ART WORK may be photographed and otherwise graphically reproduced by the CITY for noncommercial purposes. It is understood between the parties that ART WORKS displayed in the exhibition may be photographed by the general public. Article 12. Interpretation and Conflict of Laws 4 The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and that (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: A~~,~ ~ Gene Anderson 8 lakeview Drive Iowa City, Iowa 52240 ~M,b) JL-- ATTEST YhA~~A~~ oj! =KavJ ~KK;;r City Clerk ~~~ City Attorney's Office =:::f!x~ A t.' A NIK~, I, :K.L1 L~,.r .i., _"ell rd ) /0 CITY OF IOWA CITY PUBLIC ART PROGRAM S TOR'S SHOWCASE 2006/2007 ENT BY AND BETWEEN CITY AND AR 1ST THIS AGREEMEN is made on between e City of Iowa City, hereinafter referred to as t e CITY, and Gene Anderson, hereinafter r ferred to as the ARTIST. The CITY'S REPRESENT TIVE shall be the Director of the D artment of Planning and Community Development his/her designee. The COMMITT E shall be the Public Art Advisory Committee. WHEREAS, the CITY, or the purposes of fosterin appreciation of the arts, bringing attention to its downtown and g'ving Iowa artists an opp unity to display their work in public, established the Iowa Sculptor's howcase, a location 0 the downtown pedestrian mall that will provide the venue to exhibit the w rk of Iowa artists, a (j WHEREAS, the CITY, on t e recommen tion of the COMMITTEE, has accepted the proposal by the ARTIST and herein fter referre to as the ART WORK, for the sculpture to be placed on the downtown pedestrian mall on e Iowa Sculptor's Showcase. A copy of said proposal as accepted is attached her 0 as hibit "A" (hereinafter "Proposal"). of the mutual promises and undertakings NOW, THEREFORE, in con contained herein, the parties agree as Article 1. Scope of Services The CITY will exhibit the ART ORK des ribed below on the Iowa Sculptor's Showcase, a concrete pad on the downtow pedestrian m II located approximately 50 feet northeast of the Weatherdance Fountain for n exhibition pe . d beginning no later than June 1, 2006 and ending no later than May 3 ,2007. The ARTIST has volunt ily submitted the ART W K described below for display on the Iowa Sculptor's Showcase. Reinforced Marblecrete/Steel baseplate Marblecrete Height: 6'- 3/4" (including pedestal) Approxin:ulte Weight: 650 Ibs. Fair Market (insurance) value: $8000.00 Article 2. Descriptio Title: A Muse 2 Article 3. Consideration The ARTIST shall receive a $500 honorarium from the CITY. Further consideration between the parties shall be the mutual benefit each will derive from the public exhibition of the ART WORK being loaned. ~ \ The ART WORK described by this agree ent will not be release from loan from the time it is delivered to the CITY until the time of r moval from the exhi tion or the termination of the exhibition plus a reasonable period of t e for removal, ex pt by prior written agreement between the parties. It is hereby agree between the pa les that the CITY is entitled to exclusive possession of the ART WORK ntil the ART W RK has been released from loan. Unless otherwise notified in writing by the A TIST, the crr. will surrender the ART WORK only to the ARTIST. If the CITY is unable to return the RT WORK to the ARTIST within a reasonable period following the expiration 0 the exhib' Ion, and no special arrangements have been made, then the CITY shall have the ri ht to d' pose of the ART WORK in any manner whatsoever. In the event that ownership chan es ring the period of the ioan, the new owner is required to establish his legal right by pro f tisfactory to the CITY. This agreement is binding upon and shall inure to the benefit 0 the parties, heirs, executors, administrators, representatives, successors and assigns. Article 4. Duration of Loan The ARTIST agrees to work with the C Y in plannin for and installing the ART WORK prior to exhibition opening and will promptl remove the RT WORK after the conclusion of the exhibition. The City reserves the r,'ght to remove th ART WORK from the Iowa Sculptor's Showcase for any reason whatsoe er. However, it is e ressly understood and agreed that the acceptance and installation of th subject ART WORK is conditioned upon the feasibility of a safe and secure installation on e Iowa Sculptor's Sho case. If it is determined by the CITY, after arrival of the ART WOR or before then, that becau e of inherent qualities or attributes of the ART WORK it is not fe sible or consistent with the budgeting resources to safely and securely install the ART W K on the Iowa Sculptor's Sho case, the CITY shall be under no obligation to do so. In su h case, the ART WORK shall retrieved from the CITY by the ARTIST within 10 days 0 notification by the CITY, but the A TIST shall nevertheless receive payment of $500. Article 5. Installation and Removal Article 6. Transportal' n and Delivery Transportation and elivery from the ARTIST to the CITY shall be e responsibility of the ARTIST. Delivery ill be complete when the ARTIST delivers and ass ts the CITY with the installation of the RT WORK on the Iowa Sculpture's Showcase. Return to the ARTIST shall occur at the sam location as delivery. 3 Article 7. Care and Safekeeping The ART WORK will receive the same degree of care and preservation given to comparable outdoor, weather-exposed objects owned by the CITY, but CITY will assume no responsibility for loss or damage due to theft, malicious mischief, acts of God or other causes, unless specifically covered by insurance, but then only to the limits of such insurance. ARTIST agrees to indemnify, save and hold harmless CITY from any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss Dr damage, unless specifically covered by insurance as set forth in Article 10 of this agree nt. Article 8. Repair In the event that either the CITY or the AR 1ST decides that teART WORK requires repair in order to preserve public safety or to prese e the ART WO ,the ARTIST shall be given the first opportunity to make the necessary rep irs under CIT supervision and within 30 days of notice by CITY of the need for repair. If the RTIST has ot effected satisfactory repairs within 30 days after notification that such repairs re require , then the CITY reserves the right to repair the ART WORK or to remove it to a safe loc on for storage. Except for the repairs specified herein, the CITY will not clean, ret uch, or alter the ART WORK without consent of the ARTIST. The CITY has the sole discretion to determi be exhibited. ether, and for how long the ART WORK shall Article 9. City Discretion Article 10: Insurance and Liability The CITY will insure the ART WO loss at a value specified by the ARTIST, but the amount specified by the A 1ST must reflect ir market value, and insurance coverage shall in no instance exceed $10, 0 per ART WORK. t the CITY'S option, the CITY may self- insure the ART WORK, but in 0 instance shall the TY'S liability for casualty loss exceed $10,000 per ART WORK. Th ARTIST shall be include with the CITY as an insured on any policy covering such loss T e ARTIST agrees that in t event of loss or damage, recovery shall be limited to such am nt, if any, determined by th insurer, hereby releasing the CITY from any further liability for laims arising from the loss or d age, and save and hold harmless the CITY from any and all osses, damages, suits, actions, expenses of any kind arising out of any casualty to said A WORK. Article 11. Publicity The ART WORK ma be photographed and otherwise graphically ~roduced by the CITY for noncommercial purp ses. It is understood between the parties that A~T WORKS displayed in the exhibition may b ~hotographed by the general public. Article 12. Interpretation and Conflict of Laws 4 The agreement cannot be modified expect by written instrument and it shall be interpreted according to the laws of the State of Iowa. ARTIST acknowledges that (s)he has full power to make this loan, that (she)he has read the conditions contained in this agreement, and that (s)he agrees to abide by the terms and conditions contained herein. IN WITNESS HEREOF: A~ ~~u> Gene Anderson 8 Lakeview Drive Iowa City, Iowa 52240 ~. OWNER APProw~. . . ? !dz4 lty Attorney's Office =-=E'x~ A ~\ A Nl):::~ " ~l..t L...-:. .r J\I. ."c,,~'-\ ) /7 NOTICE TO BIDDERS HIGHWAY 6 IMPROVEMENTS STATE OF IOWA - Sealed bids will be received on April 18, 2006 by the Iowa Department of Transportation at the Office of Contracts in Ames, Iowa until 10 o'clock A.M., C.T., for various items of construction and/or maintenance work. Plans, specifications and proposal forms for the work may be seen and secured at the Office of Contracts, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day previous to the letting. Mailed bids are to be sent to the Iowa Department of Transportation, Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will be available at the Office of Contracts the day previous to the letting and the day of the letting for the dropping off of bids during regular business hours 7:30 a.m. to 4:30 p.m. The Iowa Department of Transportation (DOT) uses the Bid Express website (www.bidx.com) as an official depository for electronic bid submittal. The Iowa DOT will ensure that this electronic bid depository is available for a two-hour period prior to the deadline for submission of bids. In the case of disruption of national communications or loss of services by www.bidx.com during this two-hour period, the Iowa DOT will delay the deadline for bid submissions to ensure the ability of potential bidders to submit bids. Instructions will be communicated to potential bidders. Opening and reading of the bids will be performed at the Iowa Department of Transportation, Ames, Iowa after 10:30 A.M. on the same date such bids are scheduled to be received, unless otherwise specified by the Iowa Department of Transportation. All proposals must be filed on the forms furnished by the Iowa Department of Transportation, Contracts Office, sealed and plainly marked. Proposals containing any reservations not provided for in the forms furnished will be rejected. The Iowa Department of Transportation reserves the right to waive technicalities and to reject any or all bids. A Proposal Guarantee not less than the 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, money order 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, money orders 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 bidder's authorized agent. A properly completed Contractor's Sid Bond (Form No. 650001), or a properly completed Contractor's Annual Bid Bond (Form No. 650043), both available from the Iowa Department of Transportation, Office of Contracts, may be used in lieu of that specified above. The contracting authority will issue an exemption certificate for the purchase or use of building materials, supplies, and equipment that will be used in the performance of the construction contract, as provided by Iowa Code Sections 422.42(16), 422.42(17) and 422.47(5). 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. 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 sub-contractors. Some of the projects may be listed in multiple proposals (as an individual project or as part of a combined package of projects). The Contracting Authority will determine which combination of proposals produce the lowest bid for these projects. The listing of projects, and details of the project, for which bids are to be taken will be available to potential bidders and suppliers three (3) weeks prior to the letting dates at the following locations: . Posted on the Internet at www.bidx.com . Available in the Iowa Department of Transportation's "Weekly Letting Report" . Available by calling the Office of Contracts of the Iowa Department of Transportation at 515- 239-1414. Minimum wage rates for all Federal Aid projects have been predetermined by the Secretary of Labor and are set forth in the specifications. 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. IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF CONTRACTS TELEPHONE: 515-239-1414 Bid Order: To Be Determined DBE Goal: 2.5% Work Type: HMA and PCC PAVEMENT - GRADE/REPLACE Guarantee: To Be Determined Project(s): JOHNSON - STPN-6-7(66)-2J-52 Route: HWY 6. Lakeside Drive To 420'h Street ~ Prepared by: Daniel Scott, Project Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 06-144 RESOLUTION RECOMMENDING THE AWARD OF A CONTRACT BY THE IOWA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF THE HIGHWAY 6 IMPROVEMENTS PROJECT STPN-6-7(66)-2J-S2. WHEREAS, L.L. Pelling Company, Inc. of North Liberty has submitted the lowest responsible bid of $2,682,545.33 for construction of the above-named project. WHEREAS, the Iowa Department of Transportation will be the contracting authority for the above project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby recommended to be awarded to L.L. Pelling Company, Inc., subject to the condition that awardee is deemed qualified by the Iowa Department of Transportation (laDOT). 2. The laDOT and/or the Mayor are hereby authorized to sign the contract for construction of the above-named project. Passed and approved this 2nd day of May ,2006 ~(~~ MAYOR ATTEST:~ ~, 9V~ 'ilz'fI&G It was moved by O'Donnell and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng/res/hwy6awrdcon.doc !? ADVERTISEMENT FOR BIDS PERMANENT PAVEMENT MARKING PROJECT 2006 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 25th day of April, 2006, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Pro- posals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat Hall at 7:00 P.M. on the 2nd day of May, 2006, or at such later time and place as may be scheduled. The Project will involve the following: 374 ST A of Durable pavement marking, 20 EA of Durable pavement marking symbols, 738 ST A of durable pavement marking crosswalks and stop bars, Flaggers, 10 days and Traffic controi All work is to be done in strict compliance with the plans and specifications prepared by the Iowa City Engineers Office, of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposai 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 executed by a corporation authorized to contract as a surety in the State of Iowa, in the surn of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, lOW A, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days of the City Council's award of the contract and post bond satisfactory to the City ensuring the faithful performance of the contract and mainte- nance 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 following award of the contract, or until rejection is made. Other bid bonds will be returned 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, and shall guarantee the prompt payment of all materials and labor, and also protect and AF-1 save harmless the City from all 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 Council. The following limitations shall apply to this Project: Specified Start Date: May 15, 2006 Completion Date: August 1, 2006 Liquidated Damages: $250 per day No work shall be done at all on June 2, 3, 4, 2006 and June 30, July 1, 2, 2006. The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and .specifi- cations and form of proposal blanks may be secured at the Office of the Iowa City Engineer, Iowa, by bona fide bidders. A $10.00 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 payabie to the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721 and the Iowa Department of Transportation Contracts Office at (515) 239- 1422. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcon- tract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quanti- ties, unit prices and extended dollar amounts. By virtue of statutory authority, preference must be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully re- quired under Iowa Statutes. The Iowa reciprocal resident bidder preference law applies to this Project. 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-2 ~ Prepared by: Anissa Williams, Traffic Eng. Planner, 410 E. Washington St., Iowa City, IA 52240 (319}356-5254 RESOLUTION NO. 06-145 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE PERMANENT PAVEMENT MARKING PROJECT 2006. WHEREAS, All Iowa Contracting of Waterloo, Iowa has submitted the lowest responsible bid of $237,058.84 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to All Iowa Contracting, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 2nd day of ,2006 ATTEST: '>11~ II. ~ad CITY CLERK Approved by ~~~ 41?v~ City Attorney's Office It was moved by Champion and seconded by Vanderhoef adopted, and upon roll call there were: the Resolution be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn pweng\res\perm pavement 2006.doc ._._---_.~-----------~-_.._-,-_.,_._--~,---~-----_.........------.. -..--------...-.-"."---..------.-------..-.------.-----..-.. ~ Prepared by: Terry Trueblood, Parks & Recreation Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 06-146 RESOLUTION ESTABLISHING ANNUAL PASS FEES FOR THE THORNBERRY OFF-LEASH DOG PARK. WHEREAS, the City Code provides that, "Upon recommendation of the Parks and Recreation Commission, all Parks and Recreation fees shall be established by City Council resolution"; and WHEREAS, Johnson County DogPAC has recommended that a $25 annual pass fee be established for at least the first year of operation of the dog park, with a reduction of $5 for dogs who have been spayed or neutered, and a reduction of $5 for dogs who are micro chipped; and WHEREAS, the Parks and Recreation Commission has discussed this proposal and voted to support it; and WHEREAS, it is in the public interest to establish such a fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF lOW CITY, IOWA that the proposed fees as noted herein, as approved by the Parks and Recreation Commission on January 11, 2006, be adopted for FY06 and FY07. Passed and approved this 2nd day of May , 20..0.6.-. ~ (~JL MAYOR ' AP$~~ City Attorney's Office 4/~t& ATTEST: ~~/'-~~ CI LERK ~~~ It was moved by Bailey and seconded by adopted, and upon roll call there were: r.orrpi::! the Resolution be AYES: NAYS: ABSENT: x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn y J{ J{ J{ J{ x wPdatalpar1<s&recJresJdog par1< fee.doc ~ ULJ Prepared by: Susan Dulek, Ass\. City Attorney, 410 E. Washington S\., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 06-147 RESOLUTION APPROVING THE 2006-2007 DEER MANAGEMENT ANNUAL PLAN AND AFFIRMING THE LONG-TERM DEER MANAGEMENT PLAN, WHEREAS, Resolution No. 04-225 requires the Iowa City Deer Task Force and the City Council to review and reaffirm the Long-Term Deer Management Plan every year; WHEREAS, Resolution No. 05-328 approved a revised Long-Term Deer Management Plan ("Long Term Plan") for the City of Iowa City; WHEREAS, Paragraph 6 of the Long Term Plan provides that the Iowa City Deer Task Force will submit an annual plan to the City Council and that the City Council will adopt an annual plan; WHEREAS, the Iowa City Deer Task Force approved the attached 2006c2007 Deer Management Annual Plan and affirmed the Long Term Plan; and WHEREAS, it is in the publiC interest to adopt said annual plan and affirm the Long Term Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The attached 2005-2006 Deer Management Annual Plan is adopted. The attached Long-Term Deer Management Plan (rev. 10/05) is affirmed. The City Manager is authorized and directed to take all actions necessary to implement said plans. Passed and approved this 2nd day of May ,2006. ~LJ MAYOR " ATTEST:..2ah~':-,.J~' i/avJ CITY ERK Approved by ~~ 'f-d6-6~ City Attorney's Office Sue\Ord&Res\DeerResPlan06.doc Resolution No. Page 2 06-147 It was moved by Champion and seconded by Elliott adopted, and upon roll call there were: the Resolution be AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn 2006-2007 DEER MANAGEMENT ANNUAL PLAN It is the recommendation of the 2006-2007 Iowa City Deer Task Force that the City Council of Iowa City resolve that the City Manager is authorized and directed to implement the 2006-2007 Deer Management Plan, including the following elements: 1. The Iowa City Deer Task Force will continue to assemble resources that provide residents with information on deer and offer guidelines for limiting localized. deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be available at City Hall and the Public Library, on City Channel 4, and on the City web site (www.icgov.org). 2. The Iowa City Deer Task Force will continue to evaluate the effectiveness of warning signs and reflectors designed to reduce the likelihood of vehicle-deer accidents. To further minimize deer-vehicle conflict, Council will direct staff to consult with a qualified professional to evaluate feasibility of passageways under roads in planning and designs for transportation improvement projects. The City will also investigate the availability of federal funds for including such passageways in eligible transportation projects. 3. The City will actively work with the Department of Natural Resources (DNR) to fully understand and support their efforts to control the deer population for which the DNR is responsible and which affects the health, safety, and welfare of Iowa City residents. 4. The Iowa City Deer Task Force will continue to inquire about the feasibility of a deer contraception pilot project or program in Iowa City.- 5. The City will continue to compile data for deer management, including but not limited to information about vehicle-deer accidents, citizen comments, and an annual helicopter deer count. - 6. The City will apply in a timely fashion for authorization from the IDNR to implement a plan to kill no more than the number of antlerless deer as recommended by the IDNR within the Iowa City corporate limits, by sharpshooting, during the winter of 2006-2007. a. To enhance understanding of deer reproductive rates, in cooperation with the DNR, the sharpshooting agency, -and meat processors, the City will allow reproductive necropsies to be performed on deer killed. b. The City will fully comply with all state law governing the killing of deer, exercise great caution and observe all possible safety measures during the sharpshoot, assure use of the most humane methods available, and arrange for free distribution of processed deer meat. 7. The Iowa City Deer Task Force will evaluate the effectiveness of this Deer Management Plan. A report will be filed with the DNR. 8. As the Iowa City Deer Task Force "sunsets" in March of 2007, the Iowa City Deer Task Force will formulate for the City Council a recommendation on continuance. Approved by the Deer Task Force on April 11 , 2006 by a vote of 5-2 (2 absent) Approved by the Iowa City City Council on May 2, 2006 LONG-TERM DEER MANAGEMENT PLAN (Rev. 10/05) 1. The City of Iowa City will develop an educational program that will provide residents with information on deer habits and guidelines for limiting localized deer damage through the use of screening, alternative plantings, and other techniques. The City's Long Term Deer Management Plan will be included. Educational materials will be distributed through a variety of methods including public informational meetings, pamphlets, and government television programs. 2. The City of Iowa City will evaluate the need for and, where appropriate, install or petition the State or County to install on roadways under their jurisdiction warning signs and/or reflectors that may reduce the likelihood of vehicle-deer accidents. The City will prepare annual reports on effectiveness of deer reflectors. In addition, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. 3. In order to prevent irreparable damage to the ecosystems in Iowa City and to prevent significant injury or damage to persons or property, the City Council has set the maximum deer population density to be twenty-five (25) per square mile per City-designated management district. Actual numbers are to be collected via helicopter count. 4. In order to implement ~s long-term deer population limit, the City of Iowa City formally requests that the Natural Resource Commission approve a rule establishing a special deer population management area for Iowa City with the following conditions, limitations, and procedures: a. The special deer management area is defined as all public and private land in Iowa City as designated by the City Council of Iowa City. b. The City is allowed to kill as many deer as the City determines necessary to reach its desired goal. Killing may occur between September 1 and February 28. . (1) The City is allowed to utilize sharpshooting with centerfire rifles and rimfire rifles for the lethal removal of deer. Bait may be used to attract deer to the sites. The City shall determine locations, training, and all other conditions for the sharpshooting activities. The City shall also comply with all applicable state laws. (2) All deer killed by sharpshooting are to be processed for human consumption and distributed free of charge. Processing lockers participating in the plan will be allowed to keep and utilize the deer hide. (3) No licenses will be required for the City and no fees will be charged. c. The City will initially utilize sharpshooting over bait to reduce the number of deer in each management district to the population limit. By the end of the initial reduction plan, it is projected that the deer population will be at a level that requires maintenance rather than aggressive reduction. The City will strongly encourage use of non-lethal methods to maintain deer numbers but recognizes that killing of deer may be necessary to maintain the population goal. 5. The Deer Task Force will convene each spring to review educational material, deer population numbers (current and projected), management options, and to recommend methods to kill deer. Any or all legal lethal methods available (including sharpshooting and bow and arrow hunting) may be utilized after the initial reduction plan if the method(s) meet the following criteria: 1) public safety, 2) community acceptance, 3) effectiveness in maintaining the desired number of deer. 6. To aid in the implementation of the Long Term Deer Management Plan, the Deer Task Force will submit an annual plan to be adopted by the City Council following public hearing. Annual plans as approved by the Council will be forwarded to the Department of Natural Resources and, if necessary, the Natural Resources Council for authorization to implement. 03/05/98 03/10/98 06/26/01 07/09/01 06/05/02 07/02/02 07/08/03 Approved by Deer Management Committee Approved by City Council Affirmed by Deer Task Force Affirmed by City Council Affirmed by Deer Task Force Affirmed by City Council Affirmed by Deer Task Force 07/14/03 Affirmed by the City Council 11/17/04 Affirmed by the Deer Task Force 12/07/04 Affirmed by the City Council 09/27/05 Revised by the Deer TaskForce 10/04/05 Approved by the City Council 04/18/06 Affirmed by the Deer Task Force 05/02/06 Approved by the City Council ~ Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, iA 52240; 319-356-5013 RESOLUTION NO, 06-148 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 1, 2006, THROUGH JUNE 30, 2009. 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, 2006, through June 30, 2009, 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 2nd day of ~ May ATTEST: fhAA/'--.J ~. ~ ~LERK It was moved by Bailey adopted, and upon roll call there were: and seconded by r.hampion be AYES: NAYS: ABSENT: x x x x x x x Bailey Champion Correia Elliott O'Donnell Vanderhoef Wilburn mgr\assl\unionslfire\fireres.doc CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2006 TO JUNE 30, 2009 TABLE OF CONTENTS PAGE Preamble ...... ..... .... ....... ........... ........... ................. ..... .......... ............... ...... ......... ....... ............. ....... ..... 1 Article I -- Recognition . ........... ............ ................ ........... ..... ................ ....... ....... ....... .............. ........... 2 Article II -- Management Rights ........................................................................................................ 2 Article III -- No Strike - No Lockout ................................................................................................... 2 Article IV -- Dues Check Off ............................................................................................................. 3 Article V -- Hours of Work ................................................................................................................. 3 Article VI -- Overtime .. ......... ............... .............. ............. .... ...... ................ ......... ....... ............ ............. 5 Article VII - Special Leaves ............................................................................................................. 6 Article VIII - Holidays . ......... ...... ......... ............... ....... ..... ..... ...... ....... ....... ......... ....... ............ .............. 8 Article IX -- Sick Leave ...................................................................................................................... 9 Article X -- Vacations ...................................................................................................................... 11 Article XI -- Union Activities ............................................................................................................ 11 Article XII -- Uniforms and Equipment ............................................................................................ 12 Article XIII - Insurance ........... ................ ............. ....... ......... ..... .......... ........ ...... ....... ............ ........... 13 Article XIV -- Duty Outside the City ................................................................................................. 13 Article XV -- Training Programs ..................................................................................................... 14 Article XVI- Bulletin Boards........................................................................................................... 14 Article XVII -- Personnel Transactions ........................................................................................... 14 Article XVIII -- Discipline . .......... ................. ............ ........... .... ...... ........ ........ ...... ....... ........... ............ 14 Article XIX -- Transfer Procedures ................................................................................................. 15 Article XX - Supplemental Employment ........................................................................................ 15 Article XXI - Safety ........ ............ ................. ........... ..... ..... ..... ..... ........ ........ ....... ...... ....................... 16 Article XXII-- Grievance Procedure .............................................................................................. 16 Article XXIII-- General Conditions ................................................................................................. 18 Article XXIV - Waiver ..................................................................................................................... 19 Article XXV -- Savings Clause ........................................................................................................ 19 Article XXVI -- Duration .. .......... ................. ............ ..... ..... ..... ...... ...... ......... ..... ...... ......... ........... ....... 19 Article XXVII -- Wages .... .......... ........ ......... ........... ...... .... ...... ...... ...... ........ ....... ..... .......... ....... .......... 19 Article XXVIII -- Other Compensation ............................................................................................. 20 Article XXIX -- Use of Time Off ....................................................................................................... 21 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, 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: humanreUuni041s1firelloca1610agm.doc 1 ARTICLE I RECOGNITION The City recognizes the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFUCIO, Local 610, as the exclusive bargaining agent for all permanent City of Iowa City Fire Fighters, Lieutenants, and Captains and excluding the Fire Chief, Battalion Chiefs, Fire Marshal, and all those excluded by Section 4 of Chapter 20 of the Code of Iowa. This representation is based on a Decision and Order promulgated by the Iowa Public Employment Relations Board on December 16, 1975. This Contract is not intended to bind either party with respect to future unit determinations or rights of representation of new titles, departmental reorganization or any other administrative variations of the present department organization. The City agrees that it will not sponsor or promote, financially or otherwise, any other group, individual, or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE II MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Contract, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and a'uthority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the govemmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in humanreUunionslfirellocaJ610agm.doc 2 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 verify the dues structure to the City in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Check off monies will be deducted from the first pay check of each calendar month and shall be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE 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 anyone 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. humanretlunionslfireflocal610agm.doc 3 Section 3. Tradina of Time. The City will permit fire fighters to exchange work shifts within grade and between captains and lieutenants upon the following procedures: a. Two employees below the rank of Captain may make a mutual request in writing to the Captains of the respective shifts 24 hours in advance except in the case of emergency when shorter periods of notice are required. Captains will forward their own request directly to the Fire Chief or his/her designee. b. The Fire Chief or his/her designee will approve or deny the request, but permission to trade will not be denied without reason. c. The employee receiving the work shift off in the exchange shall pay back the employee taking his/her place, as required by the law. d. The substitution may not impose any additional costs on the Employer. In the event the employer is required to pay any overtime because of the failure of an employee to pay another back in timely fashion, this overtime pay shall be deducted from the pay of the negligent employee. Section 4. Staffina. 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 period of 24 or more consecutive work hours, the employee so appointed will be paid at the rate of 4% above his/her current salary/hourly rate or at the first step rate of the rank being replaced if they are at the top step of their permanent pay range. Such pay adjustments will be retroactive to the original date of assignment. If an acting temporary appointment to a Battalion Chiefs position is made by the Fire Chief for a period of twenty-four (24) consecutive work hours or more, the Captain appointed will be paid at the rate of 4% above his/her current salary/hourly rate. If a lieutenant is so appointed, they shall be paid at a rate of 4% above the Step 1 rate for a Captain. Overtime during any such acting temporary appointment, when worked in such acting capacity and when compensated by overtime pay, shall be compensated at one and one-half (1%) times the acting hourly rate. However, the Fire Chief may assign an employee who is working on his/her regular shift to such acting capacity in order to avoid paying acting pay at the overtime rate to an employee in overtime status. Such appointments will be made by the Fire Chief as follows: a. Firefighters acting out of rank: In making temporary out-of-rank assignments the Fire Chief will look to the Firefighters assigned to the station affected. Of such Firefighters, a Firefighter on the Lieutenant promotional list will have priority in accepting the assignment. If no Firefighter appears on the Lieutenant promotional list, the senior Firefighter at the affected station will have priority in accepting the assignment except that for such temporary assignments of 72 consecutive working hours or longer, the Chief may assign any Firefighter who is on the Lieutenant promotional list. If the Firefighters assigned to the station do not accept the assignment, the Firefighter moving to the affected station as the replacement will then be offered the temporary out-of-rank assignment. b. Lieutenants acting out of rank: In making temporary out-of-rank assignments, the Fire Chief will share among Lieutenants such assignments with consideration to a Lieutenant's standing on the Captain promotional list. humanrelfunionslfirellocal610agm.doc 4 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 Dutv. 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 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 considerations, and employee preferences in determining whether overtime is paid or compensatory time given. In the event that the Chief shall establish a standing policy that for some period of time all overtime worked will be compensated exclusively either by payor by compensatory time off, such policy will be declared by written notice to the bargaihing unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the humanrellunionslfireJlocal610agm.cIoc 5 Chief at the end of a fiscal year which would result in a probable loss of compensatory time due to year end accruals, the Chief may authorize overtime payment in lieu of compensatory time at the end of the first full pay, period of the new fiscal year. Section 3. Minimum Call-In. An employee who has completed a work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two and one-half (2-1/2) hours. If the emergency call-in takes more than two and one-half (2-1/2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. This section shall not apply to employees who are already at their place of assignment for the purpose of reporting for regular or other previously assigned duty and who are utilized to supplement, rather than replace, on-duty personnel. Section 4. Calculation of Overtime. Generally, overtime will be recorded on the basis of six (6) minute segments, and an employee must work an entire segment to be credited with one-tenth (1/10) hour for overtime. However, in the case of retention time, an employee will receive one (1) hour of overtime for any part of an hour of previously authorized work. E.g., if a unit is called out at 6:30 A.M. for a fire and are unable to return to the station until 7:20 A.M" each crew member who has received authorization to answer the call will receive one (1) hour of overtime. In the event that the crew is required to stay until 8:20 A.M, (1 hour 20 minutes) the time in excess of one hour will be recorded to the nearest one-tenth (1/10) hour and the employee would receive 1.3 hours of overtime, ARTICLE VII SPECIAL LEAVES Section 1. On the Job Iniurv. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place, The City shall bear any and all costs for treatment of such injury or disease, The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa, Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent-in-Iaw, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to one (1) shift of accumulated sick leave with the approval of the Fire Chief or Battalion Chief. Section 3. Leave of Absence Without Pav. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the humanreUunions/firellocaI610agm.dOC 6 employee is otherwise qualified. If an opening for the employee no longer exists in his/her civil service rank, he/she will be assigned to the first open position which becomes available in his/her civil service rank, or in a lower rank, within 90 days of the termination of such leave of absence, or, in the case of a leave of absence necessitated by a medically certified illness or injury to the employee, within 180 days of the termination of such leave of absence. Once an employee returns to work in a position as provided herein, that position shall become his/her permanent civil service rank. In the event an employee fails to return to work at the end of any such leave or extension he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the employee: a. cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals or job benefits during the period of absence; c. shall not acquire additional seniority during said leave except in the case of temporary medical disability or where otherwise specified by this Agreement; d. shall not earn sick, vacation, or other leave; e. must use all accumulated leave time to which he/she is entitled prior to the time that the leave without pay commences; f. must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: 1. For any calendar month during which the employee is on unpaid leave not exceeding ten calendar days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten calendar days and insurance coverage is desired, the employee must pay 1/20 of the insurance premium for each calendar day beyond ten days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Fire Chief may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) calendar days. Section 4. Jurv Dutv. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all humanreUunionslfire/local610agm.doc 7 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. Militarv Leave. The City will comply with the Code of Iowa on military leave. Section 7. Preanancv 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 retums to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. 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 employees on a continuous shift shall receive one hundred thirty- five (135) hours of holiday credit on the first day of each fiscal year as defined in Article XXVII, Section 1, of this agreement. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year. If an employee separates after July 1 of any year, those holidays which have been credited but which have not yet occurred will be deducted for the purpose of considering separation pay. Requests for use of holiday time shall be made to the Battalion Chief who shall determine when holiday time may be taken. For the purpose of this Article, a holiday for continuous shift employees begins at 7:00 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. humanreVunionslfirelloca1610agm.doc 8 Section 4. In lieu of overtime pay for working on a holiday, a payment of $310 ($31.00 per holiday) for the fiscal year will be made to each permanent full-time continuous shift bargaining unit employee. Payment will be made on the second payday of the fiscal year. Any continuous shift employee who begins work after July 1 of any year will receive payment for the remaining holiday dates in the year. If an employee separates after July 1, those holidays which have been paid but which have not yet occurred will be deducted for the purpose of considering separation pay. Section 5. Part-time employees will receive holiday pay on a pro rata basis. Section 6. Holidays or personal leave days shall not be carried beyond the last day of any fiscal year as defined in Article XXVII, Section 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 eam sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the-job injury; (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or 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. humanrellunionslfirellocal610agm.doc 9 Serious illness is one in which the ill person is incapacitated to such a degree that he/she cannot alone adequately provide for his or her daily living needs. Section 3. Notifications. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work and, unless such notification is given prior to the beginning of the work day, the absence will not be charged to sick leave, but will be charged to other accumulated leave or to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. An employee who is unable to perform any required duties as a result of illness must leave the work area and charge the time to sick leave or other 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 payor 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 altemative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. humanreVunionsffirellocal610agm.ooc 10 d. The City will contribute 500 hours of sick leave to the Bank as of July 1, 1987. No individual may use more than six (6) shifts during any fiscal year under the terms of this Agreement. ARTICLE X VACATIONS Section 1. Accumulation. Vacations shall be earned and accumulated by month according to the following schedule: Lenath of Service 0-5 years 5 years 1 day-10 years 10 years 1 day-15 years 15 years 1 day-20 years More than 20 years Hours Per Month Hours Per Year 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) 144 192 216 240 264 The maximum number of hours eligible for carry over to a new contract benefit year as defined in Article XXVII, Section 1, shall be three hundred twelve (312) hours. Vacation time may be used on an hour-for-hour basis provided reasonable notice is given in advance and subject to the Fire Chiefs approval which shall not be withheld without reason. Section 2. Use of Vacation. An employee becomes eligible to use vacation time after he/she has been on the payroll as a permanent full-time fire fighter for a period of six (6) continuous months. (This may occur 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. 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 tum. 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. Pavment 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 XI UNION ACTIVITIES Section 1. Union Meetinas. 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 Chiefs permission and such employees must be available for fire calls. Such meetings will be held at times when they do not interfere with Fire Department activities. No one on duty in outlying stations may attend except that if the Union President is assigned to an outlying station, he/she may arrange with another bargaining unit member assigned to the central station to temporarily trade station assignments in order to attend said meeting, subject to approval by the Battalion Chief on duty. humanreVunionslfirelloca1610agm.doc 11 Section 2. Documents. Documents belonging to the Union may be stored at the Central station in the same manner in which they are currently stored in file cabinets belonging to the Union. These may be moved to an outlying station if the Union President is permanently assigned there. The Union will be responsible for moving the file cabinets. Section 3. State Convention. Two bargaining unit members from different shifts may have up to two shifts off duty to attend the annual meeting of the Iowa State Association of Professional Fire Fighters Convention. The Union will designate in writing who will attend the convention ten (10) days prior to the date of the convention. All arrangements for taking time off under this Section will be cleared with the Chief. Section 4. State Officers. State Officers shall be given up to two (2) shifts off duty to attend the annual meeting of the Iowa Association of Professional Firefighters Convention. The Union shall provide a qualified replacement, agreed to by the Chief, to work for the State Officer. The City shall not be held liable for payment of wages or time off due to the replacement. Section 5. Neootiations. In the event that the parties to this contract determine that future negotiations are appropriate, not more than one (1) member of the bargaining unit may attend the negotiations while on duty without loss of compensation. The member will remain available for emergency calls during the negotiation period. ARTICLE XII 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 3 pair shorts 3 pair sweatpants 1 winter hat 2 short-sleeve uniform shirts 5 uniform pants (Uniform pants & shirts to be of an NFPA approved station wear type) Winter uniform coat 2 uniform polo type shirts (annually) 3 uniform polo type shirts (new employee) Department patches/badges Firefighting gloves Tum out coat Firefighting helmet SCBA facepiece Spring/fall jacket Belt 2 long-sleeve uniform shirts 3 t-shirts (annually) 5 t-shirts (new employee) 1 pair uniform shoes 1 uniform sweatshirt (annually) 2 cold weather duty wear work shirts Firefighting boots Turn out pants Firefighting hood 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 eyeglasses which are broken or damaged in fire fighting duties including training and inspections. The Chief will determine the legitimacy of all claims under this section. The City will pay each bargaining unit employee $50.00 annually toward cost of cleaning uniforms which require dry cleaning. Such payment shall be made as of December 1 of the Contract year. humanrelfunionslfirellocal610agm.doc 12 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 a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: forty-five dollars ($45.00) per month in FY2006-2007; fifty dollars ($50.00) per month in FY2007- 2008; and fifty-five dollars ($55.00) per month in FY2008-2009. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an altemative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $40,240, the face value of the life insurance policy is $41,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. The City will pay $7.00 per month or full individual premium cost for employees during the term of this agreement. The City shall not be prejudiced in future collective bargaining by paying full individual dental insurance premium costs that are in excess of $7.00. A description of the provisions of the negotiated Delta Dental plan is set forth in Appendix "B". Benefit coverages are based on usual. customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of this agreement. ARTICLE 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. humanreVunionslfireJlocal610agm.doc 13 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. When they are required by the City to attend training activities away from the station, employees will be reimbursed for expenses in keeping with City procedures for reimbursing such expenses. Compensation for required training will be by prior authorization on the basis of straight time for actual hours spent in training. Subject to the discretion of the Fire Chief, the City recognizes the need for training in particular areas such as EMT and will provide such training when deemed appropriate. ARTICLE XVI BULLETIN BOARDS Section 1. The City shall assign space on bulletin boards for the Union to post notices. The Fire Chief will have final review of materials posted or displayed on walls, bulletin boards, blackboards, and other similar surfaces in the Fire Department. ARTICLE XVII PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline within thirty (30) days after documents are placed in their files. Section 2. Under the supervision of an employee of the Human Relations Office and during normal business hours, employees shall have access to their personnel files including the right to copy the contents of the file at their own expense. Section 3. Upon request, the City shall remove documents relating to minor disciplinary offenses from the employee's file once per year on or about July 1. Past infractions will only be removed if an employee goes twelve consecutive months without any disciplinary action whatsoever noted in his/her record. Section 4. Upon request, each employee shall receive a copy of his/her job description upon permanent appointment to the position in question. ARTICLE XVIII DISCIPLINE Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These- certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management humanrellunionslfireJIocal610agm.doc 14 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. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: 1. Oral reprimand or warning (to be accompanied by written notification of same at the time of such disciplinary action or within one working shift after such action). 2. Written reprimand or warning. 3. Suspension with loss of pay. 4. Discharge. Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first or subsequent offenses. ARTICLE XIX TRANSFER PROCEDURES Section 1. Voluntarv Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency circumstances. Generally, voluntary transfers will take place under one of two conditions: a. Two (2) employees desire to trade battalions, OR, b. A vacancy exists on another battalion. Employees may not make more than one voluntary transfer per year. Nothing in this Article limits the Chief from making involuntary transfers. ARTICLE 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. humanrellunionslfirellocal610agm.doc 15 ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safetv Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Druq Testinq. The City and the Union recognize the rights and responsibilities of employees established by Iowa Code 730.5 (Drug testing of employees or applicants regulated). ARTICLE XXII GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Contract shall mean any dispute between the City and any employee with regard to the meaning, application or violation of the terms and provisions of this Contract. Section 2. Representation. An employee will not be required to be represented by a Union representative, but has the right to be so represented if he/she chooses. In the event that the grievance proceeds beyond Step 3, an employee may not invoke arbitration without the approval of the Union and, in the case of an employee grievance, the Union may invoke arbitration only with approval of the employee grievant. Section 3. Representatives. The Union will certify to the City the names of three (3) representatives and three (3) alternate representatives for the purpose of representing fire department members in the investigation and presentation of grievances. Not more than one representative will represent a grievant for anyone 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. humanrellunionslfirellocal610agm.doc 16 Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the Grievant by so doing waives the right to exercise any other option(s) available to obtain satisfaction and the Grievant is bound by the decision of the Arbitrator. Suspensions, demotions. discharges. and other matters under the jurisdiction of the Civil Service Commission may be prosecuted either through the contractual grievance machinery or before the Commission. By electing one forum, the aggrieved employee shall be held to have waived the other forum. Section 5. Procedure. A grievance that may arise shall be processed and settled in the following manner: Step 1. The grievance shall be presented orally for discussion between the employee grievant, the representative, if applicable, and the battalion chief within nine (9) calendar days of the event giving rise to the grievance. The battalion chief will either adjust the grievance or verbally deliver an answer to the employee grievant or representative within nine (9) calendar days. In the event that no response is received from the supervisor, the grievant shall proceed to Step 2. Step 2. If the grievance is not resolved by Step 1, the grievant or representative may, within seven (7) calendar days following completion of Step 1, present three (3) written copies of the grievance signed by the employee grievant. The copies are to be distributed as follows: One copy to chief negotiator for City (or designated representative), one copy to Fire Chief (or designated representative), and one copy to the Union. The written grievance shall contain a statement from the employee of the facts and section of this Contract grieved and must specify the relief or remedy desired. The Fire Chief shall investigate and document the grievance and issue a decision in writing to the grievant and/or representative within ten (10) calendar days. If no response is received, the grievant shall proceed to Step 3. Step 3. If the grievance is not resolved at Step 2, the grievant or representative may submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. humanrelfunionslfirel1ocal610agm.doc 17 The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected 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, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination is job-related or otherwise allowed by law. The parties agree that complaints alleging violation of this section shall not be subject to the grievance/arbitration provisions of this contract but rather, shall be brought before the appropriate state or federal forum. Section 3. Parkina. No fewer than ten (10) parking places in the Civic Center lot will be held in Jhe 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 Buver. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Fifty-two (52) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. humanrel/unionsffirellocal610agm.doc 18 Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Earlv Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract _ shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Article. Section, or any portion thereof of this Contract be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Contract shall remain in full force and effect. Neither party shall be required as a result of their Contract with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other party of their intent to reopen applicable portions of the Agreement. Negotiations will begin within ten (10) days unless extended by mutual written agreement. ARTICLE XXVI DURATION This Contract shall be in effect between July 1, 2006, and June 30, 2009, and shall continue from year to year thereafter unless written notice to change or modify it is served by either party prior to August 15 of the year preceding the expiration date of this Contract or any 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. humanreVunionsffirellocal610agm.doc 19 Effective dates over the next four years are as follows: July 1, 2006 June 30, 2007 June 28, 2008 June 27, 2009 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be increased by three and one-tenth percent (3.1%) at the beginning of Fiscal Year 2007, and will be further increased by three and one quarter percent (3.25%) at the beginning of Fiscal Year 2008, and will be further increased by three and three- tenths percent (3.3%) at the beginning of Fiscal Year 2009, said adjustments to become effective on the appropriate date as defined in Section 1 above. Copies of the pay plans for FY2007. FY2008, and FY2009 are attached to this agreement as Exhibit A. Bargaining unit members will be eligible for salary adjustments to the next step as follows: Step 2 - after six (6) months at Step 1. Step 3 - after six (6) months at Step 2. Step 4 - after one (1) year at Step 3. Step 5 - after one (1) year at Step 4. Step 6 - after one (1) year at Step 5. Step increases shall be granted only after the employee has achieved a satisfactory rating as determined in the discretion of the Fire Chief. Bargaining unit members promoted to the ranks of Fire Lieutenant or Fire Captain shall, upon promotion, be compensated at Step 1 of the appropriate salary range, and shall be eligible to receive a one step increase to Step 2, one year following the promotion. ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum payout of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Eamers, U.S. cities, 1967=100. b. The base index month shall be May 2006 for FY07, May 2007 for FY08, and May 2008 for FY09. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November, February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. humanrellunionslfirellocal610agm.doc 20 Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. e. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Lonaevitv Pav. 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: Lenath of Service on December 1 FY05 FY06 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 $325.00 500.00 650.00 800.00 1,050.00 This payment will be prorated on the basis of monthly segments for members who retire before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same proration. Section 3. A payment of $700 will be made to each permanent full-time bargaining unit employee as of December 1 of each fiscal year. In the event that an employee terminates for any reason after December 1, he/she will reimburse the City from this payment on a prorated basis (monthly segments). For example, an employee who retires on January 1, will return one-half of the December 1 payment. Section 4. Each permanent, full-time bargaining unit employee who is a duly certified Emergency Medical Technician-Basic as of the first day of the contract benefit period as defined in Article XXVII, Section 1 above, shall receive a payment of four hundred seventy-five dollars ($475.00) on the second payday of each fiscal year. ARTICLE XXIX USE OF TIME OFF Current policies 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: 1. In emergency situations. 2. Where minimum staffing cannot be achieved due to unavailability of replacement personnel. Where #2 above applies, it is understood that the employer will place up to four telephone calls to attempt to secure a replacement for an employee whose scheduled time is subject to cancellation. If no replacement is secured, the scheduled time off is cancelled unless the affected employee secures a replacement. Efforts by the employer to contact replacement personnel (other than the number of telephone call attempts) shall not be grievable under the provisions of this agreement. The benefits to the bargaining unit of this article were agreed to by the employer in exchange for the Union's acceptance of a salary and benefit package less than the employer would have otherwise agreed to. humanrellunionslfirelloca1610agm.doc 21 CITY OF IOWA CITY, IOWA By G?-CJ JL MA OR Date: S/.;)/olp { I humanrellunionslfirel1ocal610agm.doc , By: 22 IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 ~.~ - rrtS /1410 r By: Date: " 5"YG, 0 (, Exhibit A-1 FIRE PAY PLAN - FY07 I EFFECTIVE JULY 1, 2006 I i 1 2 3 4 5 6 I I 6MO. 12 MO. 24 MO. 36 MO. 48 MO. I 35 FIREFIGHTER 13.42 13.96 14.64 15.17 15.89 16.58 1503.04 1563.52 1639.68 1699.04 1779.68 1856.96 39079.04 40651.52 42631.68 44175.04 46271.68 48280.96 I I I 36 FIRE LIEUTENANT 17.39 18.22 , 2040.64 I 1947.68 , I 50639.68 53056.64 I 37 FIRE CAPTAIN 18.95 19.83 I 2122.40 2220.96 I 55182.40 57744.96 , I I , i I i I I i i , , I , I ! ! , I I Exhibit A-2 FIRE PAY PLAN - FY08 EFFECTIVE JUNE 30, 2007 1 2 3 4 5 6 6MO. 12 MO. 24 MO. 36 MO. 48 MO. 35 FIREFIGHTER 13.86 14.41 15.12 15.66 16.41 17.12 1552.32 1613.92 1693.44 1753.92 1837.92 1917.44 40360.32 41961.92 44029.44 45601.92 47785.92 49853.44 36 FIRE LIEUTENANT 17.96 18.81 2011.52 2106.72 I 52299.52 54774.72 37 FIRE CAPTAIN 19.57 20.47 2191.84 2292.64 56987.84 59608.64 , I I , I I I I , I I ! I Exhibit A-3 FIRE PAY PLAN - FY09 EFFECTIVE JUNE 28, 2008 ! 1 2 3 4 5 6 6MO. 12 MO. 24 MO. 36 MO. 48 MO. 35 FIREFIGHTER 14.32 14.89 15.62 16.18 16.95 17.68 1603.84 1667.68 1749.44 1812.16 1898.40 1980.16 41699.84 43359.68 45485.44 47116.16 49358.40 51484.16 36 FIRE LIEUTENANT 18.55 19.43 2077.60 2176.16 54017.60 56580.16 37 FIRE CAPTAIN 20.22 21.15 2264.64 2368.80 58880.64 61588.80 I IOWA 500 IOWA 500 HEALTH CARE COVERAGE IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and copayments. And after the deductible and copayment have been satisfied. the dollar coverage and number of hospital days Ire unlimited except for Nervous and Mental admissions. In short. the Subscriber shares in the costs of the medically necessary hosllital, lIIedical and surgical services provided. However, the Subscriber's share never exceeds $500 per contract per year for covered services, regardless of the numer of family llIl!dlers.' IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90S of the covered Usual, Custllll1lry and Reasonable charges for: * One routine annual physical e~am1nation in a doctor's office or clinic * Home and office calls needed to diagnose or treat a medical condition * IlIIIIUnizations required by a Subscriber or any person in a Subscriber's family THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient Semi-private room and board . Necessary services and supplies . Operating rooms, intensive care, coronary and bum care units . Delivery I"OOIIl for nonnal delivery, Caesarean section, miscarriage or admission for false labor Necessary laboratory and x-ray servi ces PHYSICIAN SERVICES 90/10 . Home and office vists One routine annual physical exam Pre-natal and post-natal care in physician's office IlIIllUnizations . Hospital visits and nursing facility visits Outpatient Surgery . Diagnositc x-ray and laboratory services Accident care NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. HOME HEALTH CARE 90110 SKILLED NURSING FACILITY 90/10 . Unlimited Room and Board . Services and supplies . Services provided by a Registered Nurse Services prescribed by a physician THE IOWA 500 PlAN COVERS THESE OTHER SERVICES: These~other- services Ire subject to I $100 contrlct deductible per calendar year . . . Prescriptions Nursing Services . Anesthetics . Private-duty nursing services . Blood plaSlll . Casts . Crutc:bes . Durable .dical equipnent . .Other supplies when ordered by a physician Alnbulance . Air, . Ground DEDUCTIBLES AND COPAYMENT . Hospital - The Subscriber is responsible for the first two days of semi- private rllOIlI and board. '" ',- ,.,'-::: -4,:i~:j.;'~'-, -. Per Hospital AdDrission. . Physician - The subscriber pays 10'1 of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90S. . Other Supplies/Services - The subscriber pays the first $100 per contract per calendar year for _dical supplies and services. These lilY include p'rescription drugs, services of a Registered Nurse, Idlulance services, hClllle heal th care and braces. When the subscriber's expenditures for hospital, physician, and/or other services reach $500 per year, IOWA 500 pays lOOS of all remaining charges. If the subscriber's expenditures for hospital, physician, and/or other services do not reach .$500, the subscriber pays 10S of all remaining charges up to a total llIXilUll expenditure of $500. (Outpatient treatment for nervous and _ntal conditions is paid 90110 co-payment until the $10,000 lifetime MaxilllUlll is _to Co-pa.Ylllent for outpatient Nervous and Mental does not apply to the out-of-pocket llIXillUlll. CARRYOVER OF DEDU9IBl~ ' Expenses for covere3 se1"Yices incurred during the mnths 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. HaIpiIII SIMcI Ph,.JQaI. s.Mce 011.- eov.r.d Ser.~ t or2 day dIct~ llO'lWtO% Sl00 "........... llO'lWtO% .... $SOIl pII" ~*.a mDinun Summlry of Benefits DELTA DENTAL COVERAGE Deha Dental Plen of Iowe COYefIG' not only provides e verlety of benefits but 1110 IflCOUflgn dmely Ind effectivt dental melnttnance. Men !han 80% of the dtntiata In Iowe pertlcipete In the Delta Dental program. Delta Dental peyment " b.IIId on. ~el, Cultomery end Rusonebl. ellowenctl, aubjec:t to deductlble.rid copeyrnent provi- lions of the program. Your Delta Dental program Includes a -medical necessity" provision which InIUnIS COYefIG' for dental ..rvic:es provided within oenerefly ec:cepted dental. jmlc:tlces. UIce Blue Cross end Blue Shield of lowe, the DeItaQental P1tn ..MIs daims directly from par1icipating dentists. And we pay them. difKtly for you. TMt .lIminates dlims-handlil'!Sl cho~foryou .nd - your employees - end IIvtI vtlutble ti",. end mo~. 10 provide e program to meet your company's 114J8ds, Delta Dental Pltn benefits Ire IVIlltble with deduc:tiblll$, coprfrI'lents tnd maxi- mum peyrnent ellOWlnctl for covered..rvices. . These benefits Ire combined to meet your needs: .......11... MtIntentnot ber..fit includes: . RoutIne chec:tcups It lix-month.lntaMlIs including bitewing x-rays It 12-month inteMlls. . 'Teeth deaning once every six months. . Topical fluoride Ippllcations as prescribed but no more than once every six months. . Full-mouth x..,.ys once In Iny three-year interval unless special need is demonstrated. RoutIneRestonrtive benefit provides ongoing care including: . Regular cavity fillings. . Oral surgery (including pre- and post-operative carel. . Emergency treatment for relief of pain. Major R.stot.t1... benefit covers: . High-cost fillings. . Cast restorations. . . Root canal fillings. . Non-surgical treatment for gum diseases. 1I-0011JoAJ4IN ~ Delta Dental Pltn of Iowa Deltli Dental Plan of low. RATE QUOTATION PLAN J J Progr.m Benefits D Preventive Maintenance o Routine Restorative D Major Restoretive o Dental Prosthetics o Periodontics o Orthodontics o Dependents to age o Full-time students o Adults Program Maximums Single S 500 per year Family S 500 D.~ ~~ S - S 2SnS eop.yment 50 50 s s s s . . per member. per year Ufetime benefit maximum on Orthodontics S Program Rates. Single $ per month Family S _ _ per month These rates guaranteed for 12 if purchased by 7-1-85 -, months beginning on 7-1-85 1_' % % % % % % ~es quoted here ate based upon census infor1'Ntion DI'OYided .nd acquiring _net ~intaining 1 mi"/i,um ~I~ 01.90'.. 01 tolal el~;bl. employees lor \he durllian 01 \he com,.ICt. l!.~I\alt./ IH~r~ Aulhot ind' 0IIe This is llIInerol 'ption 01 COYer.. n is not 1 Ilatement 01 contrecl. Acruo' -llIe is subjed to \he terms .nd conditions specified in IIIe _ itself end enrollment 'IlIulllions in force when \he _ec:l bec<<nes efIedive. .....'n~2M A Delta Dental Plan of IowII 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. FY08 SteD 1 SteD2 26.53 27.76 2122.40 2220.80 55182.40 57740.80 27.40 28.66 2192.00 2292.80 56992.00 59612.80 28.31 29.61 2264.80 2368.80 58884.80 61588.80 Pav Plan FY07 FY09 2 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2006 to June 30, 2009. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 BY:~~ Preside , Date: 0 g-;}-c, 0 b Date: humanrellunions/firelfireside-Itr.doc SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 For contractual purposes, a Captain assigned to the Fire Inspector position will be defined as Captain under Article I of the Collective Bargaining Agreement. A Captain (56 hours per week) assigned to the Fire Inspector position 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 = 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 Captain in the Fire Inspector position will be the equivalent of pay grade 37 plus nine percent, with the hourly rate adjusted to reflect a 40-hour work week. FY09 Step 1 Step 2 28.92 30.26 2313.60 2420.80 60153.60 62940.80 29.87 31.24 2389.60 2499.20 62129.60 64979.20 30.86 32.27 2468.80 2581.60 64188.80 67121.60 Pav Plan FY07 FY08 A Captain with this assignment would be placed at the same step he/she held in grade 37. A Lieutenant promoted to Captain with this assignment would be placed at Step 1, and be eligible for a salary adjustment to Step 2 after six (6) months at Step 1. He/she would be eligible for increases in accordance with ARTICLE XXVII WAGES Section 2. When time is worked beyond 8 hours per day, every effort will be made to adjust the remainder of the work week to limit total work hours to 40 per work week. If this is not possible, comp time will be accrued or overtime will be paid in accordance with applicable laws. The parties agree that this side letter take effect from July 1, 2006 to June 30, 2009. CITY OF IOWA CITY IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 ~'W"c President ~ By: By: Date: Date: OS":r" 0 (; mgr/assUu nionslfireJsideletter -agt.doc