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HomeMy WebLinkAbout2018-08-07 Correspondence 4Vv � _ CITY OF IOWA CITY _ • MEMORANDUM Date: August 1, 2018 To: Mayor and City Council Members From: Kellie K. Fruehling, City Clerk Re: Evaluation/Review of City Council Appointees The Mayor has requested the following information for the August 7 meeting: > Summary of past salary compensations > City of Iowa City wage settlements > FY19 administrative/confidential pay plan > Employment Agreements City Council Appointments Base Salary History [FY10-FY18] MANAGER ATTORNEY CLERK Incumbent Hire Date: 12/10 Incumbent Hire Date: 9/97 Incumbent Hire Date: 7/00 Salary Add'I Benefit Salary Add'I Benefit Salary Add'I Benefit FY10 Interim/Acting 2% 2% 2009 $160,000 $75,329.28 $97,115.20 FY11 2.87% 2.87% 2010 $160,000 $77,488.32 $99,902.40 FY12 2% 2% 2011 $160,000 $79,035.84 $101,899.20 FY13 6% 3% 3% 2012 $170,000 $81,406.92 $104,956.80 FY14 2.50% 2.50% 2013 $170,000 4 personal days** $83,441.28 $107,577.60 $139,068.80 FY15 2% cash value deferred 2014 $173,409.60 $139,068.80 S personal days $107,577.60 comp FY165 personal days&5 2�O 2015 $173,409.60 vacation days $139,068.80 5 vacation days# $107,720.00 FY17 Interim CM 2016 $170,019.20 3-19-16 FY18 Appt-CM 2016 180,000.00 7-31-16 $141,856.00 $ 111,924.80 FY18 July 1- 2.4% New appt 2017 184,329.60 ATB increase $152,713.60 Receive ATB $87,000.00 6-21-17 FY19 July 1 - 2.6% July 1 - 2.6% July 1 - 2.6% 2018 189,113.60 ATB increase $156,686.40 ATB increase $89,273.60 ATB increase # equivalent to 2%raise ** equivalent to 1.54% raise (FY14); 3.84% raise (FY16) City of Iowa City Wage Settlements AFSCME Police Fire Admin/Conf FY19 2.60% 2.60% 2.60% 2.60% FY18 2.4% 2.40% 2.40% 2.4% FY17 2.4% 2.40% * 2.4% FY16 2% 2.75% 2% 2% FY15 2.20% 2.20% 2.20% 2.20% FY14 125% - 1.25% 125% - 125% 1.25% - 125% 125% - 125% FY13 135% - 1.5% 1.35% - 1.5% 1.35% - 1.5% 1.35% - 1.5% FY12 135% - 1.5% 1.35% - 1.5%* 1.35% - 1.5% 135% - 1.5% FY11 1.35% - 1.5% 1.35% - 1.5% 1.35% - 1.5% 135% - 1.5% FY10 3.10% 3.10% 3.05% 3.10% FY09 3.30% 3.30% 3.30% 3.30% *Notes FY17 Fire wage settlement: 0% ATB in lieu of adding step 7 at 3.5% increase over step 6 and maintaining differentials between Lt and Capt scales FY12 December 1.5% ATB for Police will be used to create a ten-year step ADMINISTRATIVE/CONFIDENTIAL PAY PLAN-FY19(July 1,2018) PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 MAX 6 mo. 12 mo. 18 mo. 2.5 yrs 3.5 yrs 4.5 yrs 5.5 yrs 6.5 yrs 7.5 yrs 550% 5.50% 5.50% 3.50% 3.50% 3.50% 3.50% 3.50% 3.50% 30 Battalion Chief $ 35.61 $ 37.62 $ 39.64 $ 41.86 $ 43.36 $ 44.88 $ 46.36 $ 48.03 $ 49.72 $ 51.45 • $ 54.91 Library Coordinator $ 2,848.80 $ 3,009.60 $ 3,171.20 $ 3,348.80 $ 3,468.80 $ 3,590.40 $ 3,708.80 $ 3,842.40 $ 3,977.60 $ 4,116.00 $ 4,392.80 Police Lieutenant $ 74,068.80 $ 78,249.60 $ 82,451.20 $ 87,068.80 $ 90,188.80 $ 93,350.40 $ 96,428.80 $ 99,902.40 $ 103,417.60 $ 107,016.00 $ 114,212.80 Wastewater Superintendent Senior Center Coordinator BC-24hr Senior Planner $ 25.4375 $ 26.8738 $ 28.3176 $ 29.9005 $ 30.9705 $ 32.0552 $ 33.1179 $ 34.3050 $ 35.5143 $ 36.7528 • $ 39.2225 Superintendent of Parks&Forestry $ 2,849.00 $ 3,009.87 $ 3,171.57 $ 3,348.86 $ 3,468.70 $ 3,590.18 $ 3,709.20 $ 3,842.16 $ 3,977.60 $ 4,116.31 $ 4,392.92 Superintendent of Streets $ 74,074.00 $ 78,256.62 $ 82,460.82 $ 87,070.36 $ 90,186.20 $ 93,344.68 $ 96,439.20 $ 99,896.16 $ 103,417.60 $ 107,024.06 $ 114,215.92 Water Superintendent Housing Administrator Equipment Superintendent Economic Development Coordinator Resource Management Superintendent 31 MPOJC Director $ 38.63 $ 40.70 $ 42.92 $ 45.34 $ 46.93 $ 48.56 $ 50.27 $ 52.00 $ 53.74 $ 55.71 • $ 60.02 Human Resources Administrator $ 3,090.40 $ 3,256.00 $ 3,433.60 $ 3,627.20 $ 3,754.40 $ 3,884.80 $ 4,021.60 $ 4,160.00 $ 4,299.20 $ 4,456.80 $ 4,801.60 Police Captain $ 80,350.40 $ 84,656.00 $ 89,273.60 $ 94,307.20 $ 97,614.40 $ 101,004.80 $ 104,561.60 $ 108,160.00 $ 111,779.20 $ 115,876.80 $ 124,841.60 Recreation Superintendent ITS Coordinator Deputy Fire Chief First Assistant City Attorney Associate Director-Transportation Services Neighborhood Services Coordinator Development Services Coordinator Assistant to the City Manager 32 City Engineer $ 41.74 $ 44.07 $ 46.51 $ 49.03 $ 50.80 $ 52.56 $ 54.40 $ 56.28 $ 58.21 $ 60.28 • $ 65.54 $ 3,339.20 $ 3,525.60 $ 3,720.80 $ 3,922.40 $ 4,064.00 $ 4,204.80 $ 4,352.00 $ 4,502.40 $ 4,656.80 $ 4,822.40 $ 5,243.20 $ 86,81920 $ 91,665.60 $ 96,740.80 $ 101,982.40 $ 105,664.00 $ 109,324.80 $ 113,152.00 $ 117,062.40 $ 121,076.80 $ 125,382.40 $ 136,323.20 *After Step ID,employees are eligible for a 2%increase per year until they reach maximum pay. EXECUTIVE PAY PLAN-FY19(July 1,2018) PAYGRADE: MINIMUM MAXIMUM 33 Fire Chief $ 45.21 $ 71.65 Library Director $ 3,616.80 $ 5,732.00 Parks 8 Recreation Director $ 94,036.80 $ 149,032.00 Transportation Services Director 34 Finance Director $ 48.96 $ 78.34 Police Chief $ 3,916.80 $ 6,267.20 Public Worts Director $ 101,836.80 $ 162,947.20 Assistant City Manager Neighborhood and Development Services Director EMPLOYMENT AGREEMENT Introduction • This Agreement, made and entered Into this 7-19-16 .by and between IOWA CITY, IOWA, a municipal corporation, (hereinafter called "Employee) and GEOFFREY E. FRUIN (hereinafter called "Employee") an individual who has the education, training and experience In local government management and who, as a member of ICMA, is subject to the ICMA Code of Ethics, both of whom agree as follows: Section 1: Term This agreement shall remain in full force and effect from 7/31/16 until terminated by the Employer or Employee as provided in Section 8, 9 or 10 of this agreement. Section 2: Duties and Authority Employer agrees to employ Geoffrey E. Fruin as City Manager to perform the functions and duties specified in Article IV of the Iowa City Charter & Title I Chapter 7 of the Iowa City Code and to perform other legally permissible and proper duties and functions as the Council may from time to time assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of$180,000 payable in installments at the same time that the other administrative employees of the Employer are paid. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies to include all salary adjustments on the same basis as applied to executive (department head) administrative employees of the Employer C. In addition, consideration shall be given on an annual basis to increase compensation. Such decision shall be communicated with the annual performance evaluation as detailed under Section 11 of this agreement. Increased compensation may be provided in the form of a salary increase and/or other benefit considerations. Section 4: Health, Disability and Life insurance Benefits A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and his dependents equal to that which Is provided to all other administrative employees of Iowa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City. C. The Employee may elect to submit once per calendar year to a complete physical examination, including a cardiovascular examination, by a qualified physician selected by the Employee,the cost of which shall be paid by the Employer unless the cost is covered by Insurance. D. The Employer shall pay the amount of the premium not in excess of $2,000 annually for term life insurance In the amount of three (3) times the Employee's annual base salary, including all increases in the base salary during the life of this agreement. The Employee shall name the beneficiary of the life insurance policy. Employee understands that this Is a taxable benefit. E. Other Benefits. During the term of this agreement, Employer shall offer to Employee other fringe benefits which may be provided other non-represented Administrative and Confidential employees of Employer. Section 5:Vacation, Sick, and Holidays A. Upon commencing employment, the Employee shall be credited with vacation leave equal to the highest annual accrual (192 hours) provided to all other employees. The Employee shall then accrue sick and vacation leave on an annual basis at the highest rate provided to any other employees. Employer agrees to provide a holiday and personal day benefit program equal to that which is provided to all other administrative employees of Employer. The employee shall carry over all sick leave previously accrued while working for the Employer. B. The Employee is entitled to accrue unused vacation leave up to a maximum of 400 hours, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time. All sick leave shall be accrued consistent with all other administrative employees. Section 6: Retirement A. The Employer agrees to enroll the Employee into the applicable state or local retirement system and to make all the appropriate contributions on the Employee's behalf, for the Employees share. B. In addition to the Employer's payment to the state or local retirement system (as applicable) referenced above, Employer agrees to execute all necessary agreements provided by ICMA Retirement Corporation [ICMA-RC] or other Section 457 deferred compensation plan for Employee's continued participation in said supplementary retirement plan and, in addition to the base salary paid by the Employer to Employee, 2 Employer agrees to pay an amount equal to 12.5% of his base salary or the maximum allowable amount under IRS rules whichever Is the lesser amount, Into the designated plan on the Employee's behalf, in equal proportionate amount each pay period. The parties shall fully disclose to each other the financial Impact of any amendment to the terms of Employee's retirement benefit. In lieu of making a contribution to a Section 457 deferred compensation plan, the dollar value of this contribution may be used, at the Employee's option, to purchase previous service from another qualified retirement or pension plan. Section 7: General Business Expenses A. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. B. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, Including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. C. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. D. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits or other necessary documentation required in accordance with the policies of the City of Iowa City. E. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in local civic clubs or organizations. F. The Employer shall provide Employee with a technology allowance of $2,000 per year for software, subscriptions, hardware, mobile devices and other technology that enable the Employee to perform functions of the job while away from the office. The allowance is intended for purchases that are above and beyond standard office accommodations such as desktop computers. The City Finance Director Is authorized to 3 provide the Employee reimbursement for such expenses upon proof of purchase. Section 8: Termination For the purpose of this agreement, termination shall occur when: A. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. B. If the Employer, citizens or legislature acts to amend any provisions of the Iowa City Charter or Iowa City Code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. C. If the Employer, without the approval of Employee, reduces the base salary, compensation or any other financial benefit of the Employee, unless it is applied in no greater percentage than the average reduction of all administrative employees, such action may constitute a breach of this agreement and, at the Employee's sole discretion, can be regarded as a termination. D. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resigns, then the Employee may declare a termination as of the date of the suggestion. Section 9: Severance Severance shalt be paid to the Employee when employment Is terminated as defined in Section 8. In the event Employee is terminated or discharged by the City Council and during such time the Employee Is willing and able to perform his duties under this Agreement, then, and In that event, the Employer shall continue to pay to the Employee his then-existing base salary and deferred compensation on the regular payroll schedule of the Employer (i) until the expiration of fifteen (15) months from the date of termination. To the extent allowable by law, Employer shall either continue to provide and pay for Employee and dependents health insurance or pay Employee's premiums for COBRA coverage during the severance period. If the Employee is terminated because of a conviction of a felony or conviction for a misdemeanor involving misconduct in office under Chapter 721 of the Iowa Code, then the Employer is not obligated to pay severance under this section.. 4 Section 10: Resignation In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of 60 days notice unless the parties agree otherwise. Section 11: Annual Goal Setting and Performance Evaluation Employer shall annually review the performance of the Employee prior to August 1 subject to a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by the Employer and Employee. Within thirty (30)days of execution of this agreement the Employer shall provide the Employee with a preliminary set of goals for the following year. The Employer shall discuss these preliminary goals during an executive session with the Employee and, within 14 days of that discussion, present the Employee with a final written set of goals. Subsequently, new goals shall be provided to the Employee at the time of the annual performance evaluation. A written summary of the performance evaluation shall be provided to the Employee within thirty(30) days of the performance review. The performance review shall include consideration of an increase in compensation. Section 12: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. Section 13: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment, Recognizing that certain outside consulting or teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with nor a conflict of Interest with his or her responsibilities under this Agreement. Section 14: Residence Employee agrees to maintain residence within the corporate boundaries of the local government. Section 15: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment or duties, unless 5 the act or omission involved willful or wanton conduct. In the defense of such claims, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, Interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, Imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties unless the act or omission Involved willful or wanton conduct. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, adjust and settle claims against Employee for which Employee is entitled to Indemnification. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee Is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Section 16: Bonding • Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 17: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 18: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the Clerk 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Geoffrey E. Fruin, 3077 Lower West Branch Road Iowa City, IA 52245 6 { Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil Judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice In the course of transmission in the United States Postal Service. Section 19; General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect, This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in Interest. C. Effective Date. This Agreement shall become effective on July 31, 2016. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision, In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Governing law. This agreement and the Interpretation of this agreement shall be governed by Iowa law. IOWA CITY, a Municipal Corporation By: / Attest: �u ,� k 10441 Clerk By: 714 f Geoffrey E. Fruin 7 i c- d as C (� 7- /3 -/G City Attorney i I i I i I 8 Employment Agreement THIS AGREEMENT, is made and entered into this 12th day of October • 1999 by and between the City of Iowa City, State of Iowa, a municipal corporation hereinafter called"Employer,"and Eleanor M. Dilkes, hereinafter called "Employee". WHEREAS, Pursuant to previous action by Employer, Employee is the City Attorney for the City of Iowa City;and WHEREAS, Employer and Employee desire to set forth in writing the terms and conditions of Employee's employment as City Attorney. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties Pursuant to Article II of the City Charter, Employer hereby agrees to employ said Eleanor M. Dilkes as City Attorney for the City of Iowa City to perform the functions and duties specified in Title I, Chapter 7, City Code, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. Section 2: Term A. This agreement shall be for an indefinite time. B. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B, of this agreement. C. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the Employee to resign at any time from her position with Employer, subject only to the provisions set forth in Section 4, Paragraph C. Section 3: Suspension • Employer may suspend the Employee with full pay and benefits at any time during the term of this agreement, but only if: 1. A majority of Council and Employee agree; or 2. After a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have been given written notice setting forth any charges at least ten days prior to such hearing by the Council members bringing such charges. Section 4: Termination and Severance Pay A. In the event Employee is terminated by the Council during such time as Employee is willing and able to perform her duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to three months aggregate salary, provided, however, that in the event Employee is terminated because of her conviction of any illegal act involving personal gain to her, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. ae- arngnovA4 z102. f f •2 • B. In the event Employer at any time during the term of this agreement reduces the salary or other financial benefits of Employee in a greater percentage than an applicable across-the- board reduction for all City employees, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that she resign, then,in that event, Employee may, at her option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the severance pay provision. C. In the event Employee voluntarily resigns her position with Employer, then Employee shall give Employer one month notice in advance, unless the parties otherwise agree. Section 5: Disability If Employee is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of twelve successive weeks, Including any accrued sick leave, Employer shall have the option to terminate this agreement; subject to the severance pay requirements in Section 4, Paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, compensatory time, and other accrued benefits. • Section 6: Salary Employer agrees to pay Employee for her services rendered pursuant hereto an annual base salary of $78,811.20, payable in installments at the same time as other employees of the Employer are paid. • i In addition, Employer agrees to review said base salary and/or other benefits of Employee and adjust said salary and benefits in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 7: Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually, with the method of evaluation to be in accordance with provisions of applicable law. Section 8: Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as she shall deem appropriate during said normal office hours. Section 9: Outside Activities Employee shall not spend more than ten hours per week in teaching, counseling, or other non- Employer connected business without the prior approval of the Council. Section 10: Vacation, Sick, and Military Leave • A. Employee shall accrue, and have credited to her personal account, vacation and sick leave at the same rate as other general employees of Employer. Additional vacation time may be credited to Employee upon the mutual agreement of Employer and Employee. • it • 3 • Section 11: Disability, Health, and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life, accident sickness, disability income benefits, major medical and dependent coverage group insurance covering Employee and her dependents as Employer may now or hereafter have in effect for its administrative employees. B. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical insurance for Employee and her dependents and to pay the premiums thereon equal to that which is provided all other employees of Employer. 'Section 12: Dues and Subscriptions Employer agrees to budget and pay for the professional duties and subscriptions of Employee necessary for her continuation and full participation In national, regional, state, and local associations and organizations necessary and desirable for her continued professional participation, growth, and advancement, and for the good of the Employer. Section 13: Professional Development Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, seminars, courses, continuing education and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer. Section 14: Indemnification . Employer shall defend, save harmless, and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring In the performance of Employee's duties as City Attorney. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 15: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance, Section 16: Other Terms and Conditions of Employment A. The Council, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter or any other law. B. All provisions of the City Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee, except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. nrr i • 4 • • Section 17: No Reduction of Benefits Employer shall not at any time during the term of this agreement reduce the salary, compensation, cc other financial benefits of Employee,except to the degree of such a reduction across-the-board for all employees of the Employer. Section 18: Notices Notices pursuant to this agreement shall be given by deposit In the custody of the Unites States Postal Service, postage prepaid,addressed as follows: 1) Employer. Mayor 410 E.Washington Street Iowa City, IA 52240 2)Employee: Eleanor M. Dilkes 410 E.Washington Street Iowa City, IA 52240 Alternatively, notices required pursuant to this agreement may be personally served In the same manner as Is applicable to civil Judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 19: General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. • C. This agreement shall become effective commencing July 1, 1999. D. If any provisions, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force end effect. IN WITNESS WHEREOF, the City of Iowa City, Iowa has caused this agreement to be signed and executed in its behalf by its Mayor, and duly attested by Its City Clerk, and the Employee has signed and executed this agreement, both In duplicate, the day and year first above written. CITY OF IOWA CITY, IOWA � D "—, By: et/142 • GPS/— ayor Eleanor M. Dilkes ATTEST: _/J By: l .) 7� 7 4 i ty Clerk Wasnai w ..eo • • n f-r AMENDMENT TO EMPLOYMENT AGREEMENT Eleanor M. Dikes,City Attorney for the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 12, 1999 as follows: 1. Section 11 of said Agreement Is hereby amended by adding the following paragraph 'V thereto: • Section 11: Disability, Health and Life Insurance A. Employer agrees to make required premium payments for insurance policies for such life, accident sickness, disability Income benefits, major medical and dependent coverage group Insurance covering Employee and her dependents as Employer may now or hereafter have in effect for its administrative employees. B. Employer agrees to provide dental, hospitalization, surgical and comprehensive medical Insurance for Employee and her dependents and to pay the premiums thereon equal to that which Is provided all other employees'of Employer. C. Notwithstanding anything herein to the contrary, and/or the reduction of Employee's hours by mutual agreement to less than 1.0 FTE, Employer shall provide medical insurance to Employee and her dependents and pay the premium thereon equal to that which Is provided to full-time employees of Employer. CITY OF 10 y e TY, 10 • / • • OR ATTEST: �. .z. _ DEPUTY I '"ERK •By: u2 . or Eleanor M. Dllkes ekanonagUgyatt-agtSecl lamend.dcc -- AMENDMENT TO EMPLOYMENT AGREEMENT Eleanor M. Dikes,City Attorney of the City of Iowa City,and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 12, 1999 as follows: n 1. Section 10 of said Agreement entitled 'Vacation,Sick and Military Leave Is amended to add an additional paragraph "B" as follows; B. The Employee shall receive the personal leave provided to administrative employees(currently one day a year)and shall receive an additional 5 days of personal leave each year: These 5 additional days of personal leave must be used each year and may not be carried over from one year to the next. CITY OF IOWA CITY BY: sky �kf MAYOR )� ATTEST: 012G!!7r/ 1 C . CITY CLERK C� By: l�'0), 7-9-/ IL Eleanor M.Dllkes proved b City Attorney's Office AMENDMENT No. 4 TO EMPLOYMENT AGREEMENT ' Eleanor M.Dllkes,City Attorney of the City of Iowa City,and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 12, 1999 as follows: 1. Section 10 of said Agreement entitled "Vacation,Sick and Military Leave Is amended to add an additional paragraph "C" as follows: C. In addition to the vacation leave provided to administrative employees, Employee shall receive an additional 5 days of vacation leave each year. CITY OF IOWA CITY BY: MAYOR /J J/ / ATTEST: / i��e J 7G 7L?NL TY By: 2 • ��Ci""'� Eleanor M. Mikes Amendment No. 5 to Employment Agreement Eleanor M. Dikes, City Attorney of the City of Iowa City, and the City Council of the City of Iowa City do hereby amend the employment agreement between them dated October 12, 1999 as follows: 1. Section 6 (Salary) of said Employment Agreement entitled "Salary" is amended to add the following paragraph: This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies to include all salary adjustments on the same basis as applied to executive (department head) administrative employees of the Employer. • City of Iowa City By: 7 Mayor • Attes:a a a. City Clerk By: ^0C_ Eleanor M. Dikes EMPLOYMENT AGREEMENT This Agreement is made and entered into this 20th day of June , 2017 by and between IOWA CITY, IOWA, a municipal corporation, (hereinafter "Employer") and KELLIE K. FRUEHLING (hereinafter"Employee"). Section 1: Term A. This agreement shall be for an indefinite period of time. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employer to terminate the services of the Employee at any time in accordance with Iowa law (Iowa Code Section 372.15 or otherwise if amended). C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with Employer. Unless the parties agree otherwise, in the event Employee voluntarily resigns she shall give Employer 30 days advance notice. Section 2: Duties and Authority Pursuant to Article II of the City Charter, Employer agrees to employ Kellie Fruehling as City Clerk to perform the functions and duties specified in Title I Chapter 7 of the Iowa City Code, the Code of Iowa, and other legally permissible and proper duties and functions as the City Council may from time to time assign. Section 3: Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $87,000 payable in installments at the same time that other administrative employees of the Employer are paid. B. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies to include all salary adjustments on the same basis as applied to administrative employees of the Employer C. Consideration shall be given on an annual basis to an increase in compensation. Such decision shall be communicated with the annual performance evaluation. Section 4: Performance Evaluation The Council shall review and evaluate the performance of the Employee at least once annually on or before August 1 with the method of evaluation to be in accordance with provisions of applicable law. The first performance evaluation will occur on or before August 1, 2018 with any increase in compensation to be effective July 1, 2018. Section 5: Health, Disability and Life Insurance Benefits A. The Employer agrees to provide health, hospitalization, surgical, vision, dental and comprehensive medical insurance for the Employee and her dependents equal to that which is provided to all other administrative employees of Iowa City. B. The Employer agrees to provide disability insurance equal to that which is provided to all other administrative employees of Iowa City. C. The Employer agrees to provide life insurance benefits equal to that which is provided to all other administrative employees of Iowa City. D. During the term of this agreement, Employer shall offer to Employee other fringe benefits which may be provided other non-represented Administrative and Confidential employees of Employer. Section 6: Vacation, Sick, Holidays and Retirement Employee shall accrue, and have credited to her personal account, vacation and sick leave equal to that which is provided to all other administrative employees of the City, and shall receive holiday pay on the same terms as that which is provided to all other administrative employees of Iowa City. The Employee will receive any retirement benefit required by Iowa law and the ability to access and contribute to a deferred compensation plan to the same extent and on the same terms as other administrative employees of the City. Section 7: Professional Development Employer agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings, seminars, courses, continuing education and occasions adequate to continue the professional development of Employee as City Clerk and to adequately pursue necessary official and other functions for Employer. • Section 8: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end Employee shall be allowed to establish an appropriate work schedule. 2 Section 9: Outside Activities The employment provided for by this Agreement shall be the Employee's sole employment. Recognizing that certain outside teaching opportunities provide indirect benefits to the Employer and the community, the Employee may elect to accept limited teaching opportunities with the understanding that such arrangements shall not constitute interference with or a conflict of interest with her responsibilities under this Agreement. Section 10: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring within the scope of Employee's employment or duties, unless the act or omission involved willful or wanton conduct. In the defense of such claims, the Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his or her duties unless the act or omission involved willful or wanton conduct. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, adjust and settle claims against Employee for which Employee is entitled to indemnification. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Section 11: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 12: Other Terms and Conditions of Employment Except as otherwise provided in this Agreement, the Employee shall be entitled 3 to the highest level of benefits that are enjoyed by other administrative employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 13: Notices Unless otherwise required by law, notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Mayor of Iowa City, Iowa with a copy to the City Manager 410 E. Washington St. Iowa City, Iowa 52240 (2) EMPLOYEE: Kellie K. Fruehling 2565 Copper Dr. Marion, IA 52302 Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 14: General Provisions A. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. B. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. C. Effective Date. This Agreement shall become effective on June 21, 2017 D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. E. Governing law. This agreement and the interpretation of this agreement shall be 4 governed by Iowa law. IOWA CITY, a Municipal Corporation By: M or ATTEST: D Y CITY CLERK Q 0 i / Kellie K. Fruehli S pp oved . . .rm: / i 60-1si7 City Attorney 5 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT On this 15tnday of Nay 2018 the City of Iowa City, Iowa and Kellie Fruehling, the City Clerk, do hereby amend the Employment Agreement between them dated June 20, 2017. Section 6 of said Employment Agreement is amended by inserting the underlined language below: Section 6: Vacation, Sick, Holidays and Retirement A. Except as provided in paragraph B of this section, Employee shall accrue, and have credited to her personal account, vacation and sick leave equal to that which is provided to all other administrative employees of the City, and shall receive holiday pay on the same terms as that which is provided to all other administrative employees of Iowa City. The Employee will receive any retirement benefit required by Iowa law and the ability to access and contribute to a deferred compensation plan to the same extent and on the same terms as other administrative employees of the City. B. The Employee is entitled to accrue unused vacation leave up to a maximum of 320 hours, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time not exceeding 320 hours. By: Kix C�` b ATTEST: a @ � a)-e9M CITY CLERK Ke ie Fruehling /"roved rfo fo City Attorney