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HomeMy WebLinkAbout2010-05-10 ResolutionM_! ~ ~=' 3d 1 Prepared by: Josh Slattery, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5149 RESOLUTION NO. 10-247 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2010 SIDEWALK INFILL PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 15t day of June, 2010, at 7:00 p.m. in the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of Max ~ 201--• ~_ ~ MAYOR "v~-~ Approved by ATTEST: ~v ~-K- ~ ~ ~ CIT ~C.LERK City Attorney's Office .r1~ ~~ v pweng\res\setph-sidwalkl nfill-2010.doc 5-10 Resolution No. 10-247 Page 2 It was moved by Mims and seconded by Wri_~hr the Resolution be adopted, and upon roll call there were: AYES: _X___ x x X X ~- x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc 3d 2 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-248 RESOLUTION SETTING A PUBLIC HEARING ON JUNE 1, 2010 ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY 2011 ASPHALT RESURFACING PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 1 St day of June, 2010, at 7:00 p.m. in Emma J. Harvat Hall, City Hall, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the City, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 10th day of May , 2010. '~ Mayor ATTEST: it Jerk Cy Approved by: City Attorney's Office ~/~~~~ Resolution No. 10-248 Page 2 It was moved by Mims adopted, and upon roll call there were: and seconded by wr-i ~hr the Resolution be AYES: NAYS: ABSENT: x Bailey ~ Champion _ X Dickens x Hayek x Mims x Wilburn x Wright wpdatalglossarylresolution-ic. doc lV~-~~ Prepared by: Kim Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. ~ n-249 RESOLUTION ACCEPTING THE WORK FOR THE 2009 SUMMER SIDEWALK REPAIR PROJECT 05-10-10 3e 1 WHEREAS, the Engineering Division has recommended that the work for construction of the 2009 Summer Sidewalk Repair Project, as included in a contract between the City of Iowa City and Feldman Concrete of Dyersville, Iowa, dated July 15, 2009, be accepted; and WHEREAS, the performance and payment bond have been filed in the City Engineer's office; and WHEREAS, the final contract price is $43,103.00. 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 10th day of ATTEST: ~~ti~ / -~~ CITY ERK Ma 20 10 w - r / - MAYOR Approved by ~~ ~ ~~ City Attorney's Office ~ ?.~l (I ~ It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x x _~ x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/09summersidewal k-acptwork.doc 4/10 ~' ~°~/ ~ r _ ®~~ ~ ~~~~~ ~ ,~®~~~ --~.~._ CITY OF IOWA CITY 410 East Washington Sn•eet Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX ENGINEER'S REPORT www.icgov.org April 29, 2010 City Clerk City of Iowa City, Iowa Re: 2009 Summer Sidewalk Repair Project Dear City Clerk: I hereby certify that the 2009 Summer Sidewalk Repair Project has been completed by Feldman Concrete of Dyersville, IA, in substantial accordance with the plans and specifications prepared by the City of Iowa City . The final contract price is $43,103.00 I recommend that the above-referenced improvements be accepted by the City of Iowa City. Sincerely, Ron Knoche, P.E. City Engineer M-!~ - - 3e 2 Prepared by: Denny Gannon, Assistant City Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO. ~ n-25o RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER, TILE LINES, WATER MAIN, SANITARY SEWER, LIFT STATION, FORCE MAIN, AND PAVING PUBLIC IMPROVEMENTS FOR COUNTRY CLUB ESTATES THIRD ADDITION, AND DECLARING PUBLIC IMPROVEMENTS OPEN FOR PUBLIC ACCESS AND USE. WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City: Storm sewer, tiles lines, water main, sanitary sewer, lift station, and force main improvements for Country Club Estates Third Addition, as constructed by Maxwell Construction Inc. of Iowa City, Iowa. Paving improvements for Country Club Estates Third Addition, as constructed by Streb Construction Co., Inc. of Iowa City, Iowa. WHEREAS, the maintenance bonds have been filed in the City Clerk's office; and WHEREAS, the traffic control signs have been installed. 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 are 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 10th day of May , 2010. MAYOR Approved by ATTEST: ~C - 9 ~~~ ~"~ CIT -RK City Attorney's Office ~ ;v/~v Resolution No. 10-250 Page 2 It was moved by Mims and seconded by Wight the Resolution be adopted, and upon roll call there were: AYES: -~- x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Pweng/res/CCEstates-ACPTW ORK-10.doc 4/10 ~; ~ r ~~.®~„~ ~u~~~~~ w~°~~~il ~a.as._ 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 29, 2010 Honorable Mayor and City Council City of Iowa City, Iowa Re: Country Club Estates Third Addition Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the storm sewer, sanitary sewer, water main, the lines, lift station, force main, and paving improvements for Country Club Estates Third Addition has 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 storm sewer, sanitary sewer, the lines, lift station, force main, and water main improvements constructed by Maxwell Construction, Inc. of Iowa City, Iowa and for the paving improvements constructed by Streb Construction Co., Inc. of Iowa City, Iowa. I recommend that the City of Iowa City accept the above-referenced improvements. Sincerely, ~~~ ~° Ronald R. Knoche, P.E. City Engineer pweng/engrpt-CountryCl ubEstates.doc 3e 3 Prepared by Kimberly Sandberg, Public Works, 410 E. Washington St., Iowa City, IA (319)356-5139 RESOLUTION NO. 10-251 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 IOWA AVENUE PROPERTY LLC, AND TENANT 808 RESTAURANT & NIGHTCLUB, INC. D/B/A 808 RESTAURANT & NIGHTCLUB, 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, Iowa Avenue Property LLC, as landlord, and 808 Restaurant & Nightclub, Inc., d/b/a 808 Restaurant & Nightclub, as tenant, applied for a renewal of a temporary use of the public right-of-way agreement at 121 Iowa Avenue, 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; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA THAT: The Mayor and City Clerk are hereby authorized and directed to respectively sign the 2010 renewal of License Agreement for Temporary Use of Public Right-of-Way, 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 10th day of May , 2010. ~~ - MAYOR ATTEST: CIT LERK Approved by: ~ ~~ City Attorney's Office Resolution No. 10-251 Page 2 It was moved by Aims and seconded by write r the Resolution be adopted, and upon roll call there were: AYES: x ~- _.X-_ X ~_ X X NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc M ~~ - - 3e 4 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION N0. 10-252 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND MIDWESTONE BANK, IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 2073 SHERMAN DRIVE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage executed by the owners of the property on November 13, 2009, and recorded on November 16, 2009, in Book 4527, Page 354 through Page 359, in the Johnson County Recorder's Office covering the following described real estate: Lot 1, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa WHEREAS, MidWestOne Bank has executed a loan and is securing the loan with a mortgage on the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the loan of MidWestOne Bank, secured by the proposed mortgage in order to induce MidWestOne Bank to secure first position on such a loan; and WHEREAS, MidWestOne Bank, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with MidWestOne Bank; and WHEREAS, there is sufficient value in the above-described real estate to secure the City as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and MidWestOne Bank, Iowa City, Iowa. Passed and approved this 10th day of May , 20 l0 la-~... ~(,,~ MAYOR Approved by ATTEST: ~ CITY ERK City Attorney's Office Resolution No. 10-252 Page 2 It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion ~_ Dickens ~_ Hayek x Mims Wilburn ~ Wright X SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and MidWestOne Bank, Iowa City, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of 53 970, and was executed by Patrick J Fitzgerald and Elizabeth A. Fitzgerald, (herein the Owners), dated November 13. 2009, recorded November 16, 2009, in Book 4527, Page 354 through Page 359, Johnson County Recorder's Office, covering the following described real property: Lot 1, General Quarters -Part One, Iowa City, Iowa, according to the plat thereof, recorded in Book 48, Page 132, Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution has loaned the sum of $125,930 on a promissory note to be executed by the Financial Institution and the owner, securing a mortgage, recorded on December 2, 2009, Book 4534, Page 412, covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortgage held by the City be subordinated to the lien of the mortgage proposed to be made by the f=financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mortgage held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortgage of the City. 05/03/2010 10:50 3193565217 IOWA CITY PLANNING PAGE 03104 4. Binding ~fFect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this /b~ day of M~ , 20 ~~ CITY OF IOWA CITY FINANCIAL INSTITUTION ~y /~L~. By Mayor Attest: City Jerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /a~~ day of MA• , 2a ~a ,before me, the undersigned, a Notary Public in and far the State of I a, personally appeared c ~-~ ~~ fac and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did sa hat they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal afFixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed an behalf of the corporation, by authority of its City Council, as contained in (Ordinance) (Resolution) No. ~ - 3501 passed (the Resolution adopted) by the City Council, under Roll Call No. - of the City Council on the /D''~ day of T t~(~ A ~k , 20 ~ y ,and that ,Ma~l-I'~,z<.,~ ~; l~a~ and Marian K. Karr acknowledged the execution of the instrument to be their vol tary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. „yR~^~ SONDRAE FORT = Commission Number 159791 c~ ,~" ~~ M Commission Expires J~ ~^-G--Q - y--~'~"~ -ow ~ aoi~ Notary Public in and for the State of Iowa 05/03/2010 10:50 3193565217 IOWA CITY PLANNING PAGE 04/04 LENDER'S ACKNl7WLEDGEMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this 3 ~-day of ~, -! ' ~ and for the State of lows, person personally known, who being 'G h ~P V ~Z'.Q ~rQ ~ ~ ZG2 ~~f of 1~ behalf of said corporation by ~~hr acknow and deed of said corporation, by it an ~, 20 ~d, before me, the undersigned, a Notary Public in Ily appeared SC 5~~1'fb to me by me duly _sworn, d'td say that he/she is the ~e~Ce%~Qn~ ~~~ ,that said instrument was signed on authority of its Board of Directors; and that said edged the execution of said instrument to b® the voluntary act I by him/her voluntarily executed. Ay Commission expires: 3e 5 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-253 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING A PROMISSORY NOTE AND A MORTGAGE AGREEMENT FOR THE PROPERTY LOCATED AT 410 IOWA AVENUE, IOWA CITY, IOWA. WHEREAS, on September 7, 1994, the owner executed a Promissory Note and a Mortgage Agreement with the City of Iowa City to secure a loan; and WHEREAS, the loan has 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 410 Iowa Avenue, Iowa City, Iowa from a Promissory Note recorded September 9, 1994, Book 1809 Page 249 through Page 250; and from a Mortgage Agreement, Book 1809, Page 251 through Page 254 of the Johnson County Recorder's Office. Passed and approved this 10th day of May , 20 l0 /~. MAYOR Appr ed by ~' :~ ~~. -~ ATTEST: CI ERK City Attorney's Office It was moved by Mims and seconded by wri~ht the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~_ Champion x Dickens ~_ Hayek ~_ Mims x Wilburn x Wright Prepared by and return: Liz Osborne, Housing Rehab Division, 410 E. Washington St., Iowa City, IA 522401319)356-5246 Legal Description of Property: see below Mortgagorls):United Action for Youth of Johnson County, Iowa Mortgagee: City of Iowa City RELEASE OF L/ENS The City of Iowa City does hereby release the property at 410 Iowa Avenue, Iowa City, Iowa, and legally described as follows: Lot 6, Block 45, Iowa City, according to the recorded plat thereof from an obligation of the owner, United Action for Youth of Johnson County (UAY), to the City of Iowa City represented by a Promissory Note recorded September 9, 1994, Book 1809 Page 249 through Page 250; and from a Mortgage Agreement, Book 1809, Page 251 through Page 254 of the Johnson County Recorder's Office. This obligation has been recaptured and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. MAYOR ATTEST: CITY LERK Approved b~r„~ City Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY 1 ~f-l~ On this /O day of IMAU , A.D. 20 /t~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Matthew J. Hayek and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. 1~~5 ,adopted by the City Council on the /D~ day IwA~, , 20 /O and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executi n of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. „~' ,~ SONDRAE FORT ~ ~ Commission Number 159791 My Commission F~cpires S~~ ~~ . iow 3 la Notary Public in and for Johnson County, Iowa 3e 6 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 1 n_~s~ RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO~THE PARTIAL RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 2445 WHISPERING PRAIRIE AVENUE, IOWA CITY, IOWA. WHEREAS, on June 26, 2007, the owner executed a Mortgage with the City of Iowa City to secure a loan of HOME Investment Partnership Funds to purchase six (6) lots including 2445 Whispering Prairie Avenue; and WHEREAS, the owner sold 2445 Whispering Prairie Avenue and the new owner has signed a recapture agreement for the HOME funds; and WHEREAS, a Mortgage securing the recapture agreement has been executed with the new owner of the lot; and WHEREAS, it is the City of Iowa City's responsibility to release the mortgage on said lot. 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 .Partial Release of Lien for recordation, whereby the City does release the property located at 2445 Whispering Prairie Avenue, Iowa City, Iowa from a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. Passed and approved this loth day of May , 20 l0 /~, he MAYOR A roved by ATTEST: ~ ~ ~ -. ~' ~ ~ (G CITY C ERK City Attorney's Office It was moved by Mims and seconded by wri~ht the Resolution be adopted, and upon roll call there were: Resolution No. 10-254 Page 2 AYES: NAYS: ABSENT: x Bailey ~_ Champion X Dickens x Hayek X Mims x Wilburn ~_ Wright 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 Mortgagorls): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City PART/AL RELEASE OF L/EN The City of Iowa City does hereby release the property at 2445 Whispering Prairie Avenue, Iowa City, Iowa, and legally described as follows: Lot 32, Whispering Meadows Subdivision, Part One to Iowa City, Iowa, according the plat thereof recorded in Book 31, Page 277, Plat Records of Johnson County, Iowa. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage recorded July 3, 2007, Book 4182, Page 853 through Page 857 of the Johnson County Recorder's Office. This obligation has been repaid and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. ATTEST: ~ • ~~ CITY ERK STATE OF IOWA ) SS: JOHNSON COUNTY ) ~'~, `~ MAYOR Approved by City Attorney's Office On this ~l"7~ day of MR , A.D. 20 /~ ,before me, the undersigned, a Notary Public in and for said County, in said State, personally ppeared Matthew J. Hayek 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 ~he corporation by authority of its City Council, as contained in Resolution No./ 01$ ,adopted by the City Council on the /b~ day ~ , 20~_ and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executio of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~m SONDRAE FORT rr _ ~ Commission Number 159791 ~cn+C~.stcs>_ T~r~ My Commission Expires Notary Public in and for Johnson County, Iowa ow ,3 oi3 M~ 3e 7 Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 10-255 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 2007 I STREET, IOWA CITY, IOWA. WHEREAS, on October 1, 2007, the owner executed a Mortgage to secure a loan to purchase 2007 I Street; and WHEREAS, this particular property has restrictions on it that were unknown to the current owner thus making it prohibitive to construct an affordable home on it; and WHEREAS, the former owner has agreed to buy this property back; and WHEREAS, the owner (recipient of this Mortgage) will- proceed to purchase another property with the CDBG funds; and WHEREAS, the City of Iowa City should 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 2007 I Street from a Mortgage, recorded October 2, 2007, Book 4222, Page 281 through Page 285 of the Johnson County Recorder's Office. Passed and approved this 10th day of May 20 10 . MAYOR ATTEST: r-r> CITY ERK A rov d by ~~~~ ~ - `f - (c~ City Attorney's Office Resolution No. 10-255 Page 2 It was moved by Mims and seconded by wrighr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Dickens x Hayek ~_ Mims ~_ Wilburn x Wright 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): Iowa Valley Habitat for Humanity Mortgagee: City of Iowa City RELEASE OF L/EN The City of Iowa City does hereby release the following property located at 2007 I Street, Iowa City, Iowa, and legally described as follows: The west half of Lot 3, Plock 29 in East Iowa City, Johnson County, Iowa according to the recorded plat thereof. from an obligation of the owner, Iowa Valley Habitat for Humanity, to the City of Iowa City represented by a Mortgage, recorded October 2, 2007, Book 4222, Page 281 through Page 285 of the Johnson County Recorder's Office. This obligation has been nullified and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. This release also releases the property from the CDBG agreement dated October 1, 2007. MAYOR Approved by ATTEST: ~ ~~~~~~ ~~/ <~ (-~~~ Spa 1''' ~-Cd CITY ERK City, Attorney's Office STATE OF IOWA ) SS: JOHNSON COUNTY 1 On this /~~ day of , A.D. 201, before me, the undersigned, a Notary Public in and for said County, in said State, personal) appeared Matthew J. Hayek 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 o~~he corporation by authority of its City Council, as contained in Resolution No. / ~S ,adopted by the City Council on the /O day , 20 /U and that the said Matthew J. Hayek and Marian K. Karr as such officers acknowledged the executi h of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily exec o„~'~~~s SONDRAE FORT Commission Number 159791 z My Commission Expires S-m~ae. aw 3 ~ a Notary Public in and for Johnson County, Iowa ~-~~ - 3e 8 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-256 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH RIVERSIDE THEATRE THAT ALLOWS THE SALE OF WINE AND BEER UNDER LIMITED CIRCUMSTANCES IN CITY PARK FROM JUNE 10, 2010 THROUGH JULY 11, 2010. WHEREAS, section 4-5-3D of the City Code allows private entities to sell wine and beer and persons to consume wine and beer in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Riverside Theatre would like to be able to sell wine and beer in City Park in conjunction with Riverside Theatre Shakespeare Festival performances and related events from June 10, 2010 through July 11, 2010; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached agreement. Passed and approved this 10th day of Mav , 2010. MAYOR ATTEST: ~' CITYZ;CERK Approved by ~~~~~ O City Attorney's Office sue/ord&res/Bard Res.doc Resolution No. 10-256 Page 2 It was moved by Mims and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ~_ ~_ x .~- x x Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc AGREEMENT BETWEEN THE CITY OF IOWA CITY AND RIVERSIDE THEATRE TO ALLOW THE TEMPORARY. AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER AND WINE IN CITY PARK This Agreement is made between Riverside Theatre (hereinafter "Riverside") and the City of Iowa City, a municipal corporation (hereinafter "City"), in Iowa City, Iowa. WHEREAS, Riverside is an "authorized entity" as that term is defined in Iowa City City Ordinance No. 04-4123, codified at section 4-5-3D of the City Code; WHEREAS, Riverside has applied for a license to sell beer and wine for 213 N. Gilbert Street, Iowa City, Iowa and intends to apply to transfer said license to an area in City Park in and around the Riverside Theatre Festival Stage; and WHEREAS, the parties wish to enter into an agreement to allow Riverside to sell beer and wine and to allow persons to possess and consume beer and wine under limited circumstances in City Park. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. In consideration for Riverside's promises herein, the City agrees to allow Riverside control over the following area within City Park from June 10, 2010 through July 11, 2010: The area shall begin at the northeast corner of the festival stage box office and continue on a straight line east 25 feet. The line will then make a right angle turn to the south and continue for 150 feet. The line will then make a right angle turn to the west and continue for 100 feet. The line will then make a right angle turn to the north and continue 50 feet until it meets the festival stage. ("authorized site") Attached, marked Exhibit A, and incorporated herein is an illustration of the authorized site. 2. Term. This agreement shall commence on June 10, 2010 and shall expire on July 11, 2010. 3. Access. Riverside shall take all reasonable steps to ensure that every person on the authorized site has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or volunteer for Riverside and shall exclude any person who is not. 4. License. This agreement is void if Riverside does not have a license to sell beer or wine on the authorized site at any time during the period of June 10, 2010 through July 11, 2010. 5. Sale of BeerNVine. Riverside shall only sell beer or wine to a person who is over twenty-one (21) years of age and who has a ticket or invitation to that day's event or is an employee of, an independent contractor of, or a volunteer for Riverside. 6. Advertisement. Riverside shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site. 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized site without any prior notice to determine compliance with the terms of this agreement. 8. Debris and Trash. Riverside shall be solely responsible for collecting all debris and trash from the authorized site, and the City shall then remove the debris and trash. If Riverside fails to do so and if City staff has to collect the debris and trash from the authorized site, Riverside may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. Insurance. a) Premises Insurance. From June 10, 2010 through July 11, 2010, Riverside shall carry comprehensive general liability insurance for bodily injury and properly damage on the authorized site in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. Riverside shall furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 10, 2010 through July 11, 2010, Riverside shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2009) in the amount of $500,000 (five hundred thousand dollars). Riverside shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 2 10. Indemnification. Riverside shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer or wine on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of the authorized site or sale, consumption, or possession of beer or wine on the authorized site. 11. Non-Discrimination. Riverside shall not discriminate against any person in employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 12. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 13. Assignment and Subletting. Riverside shall not assign or sublet this agreement without prior written approval of the City. 14. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. RIVERSIDE THEATRE ~y ,; _.~ THE CITY OF IOWA CITY WITNESS: i~~ Mari K. Karr, City Glerk THE CITY OF IOWA CITY Matthew J. Hayek, ayor 3 RIVERSIDE ACKNOWLEDGMENT. STATE OF IOWA SS: JOHNSON COUNTY ) This instru ent was acknowledged before me on ~i' • ~ , 2010 by ~~c ~, G~ (name(s) of person(s)) a ,~,fi~hz ~,YtCfiw (type of authority, e.g, officer, trustee, etc.) of Riverside Theatre. v~~ ~ ~J ry Public in and for the State of Iowa ~Pa~A<s SARA f. G. NEKT E ommission ex fires: i ~ Commission Number p My Commission Expires ioN,P ~ November 9, 2011 CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this /c7~ day of ~u, 2010, before me, the undersigned, a notary public in and for th State of Iowa, personally appeared Matthew J. Hayek 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S~NDRAE FORT _ ~ Commission Number 159791 My Commission F~cpires iow 3 Approved by: Cc_~ ~ ` CP ~ ~ o My Commission expires: 3 J 7~ ~ o ~ ~ ~~n a o \ l7'~t' V Notary Public in and for the State of Iowa City Attorney's Office 4 • .... • ov C~aO .. ~ ~ oQ ~~ J~ ' ' ~ '` '--- ' I ~ c ~ ~ ~'' ~~ I ~ Q ~ ~ •~~. D ~ ~~ ~.j l -p ~ ~ ! f .~ ~ j 1 I 1 n. r ~' I .a ~ ~ ~ ~~ ~~ ~ ~ n _ ~ r ~ ~ ~ .~ r~ ~ ~ ~-' t~ ,. i ~ ~ • • ~ .~ . n ~ .. ~ •; oU .. -~ .~ h p 0 r~' ~" 0 n • .,... ~. ~, ~. n ~ 7 . s~ ~ A A ~. ~ ~~ +n O 7r ~ ~ , r . 0 ~f U f~ v r n a S R f /8 - 4 ~ ~ ~ C P • ~ -i' «. F r.... ( i h M-~8 52-483 CITY BUDGET AMENDMENT AND CERTIFICATION RESOLUTION To the Auditor of JOHNSON County, Iowa: The City Council of Iowa City in said County/Counties met on 05/10/10 ,at the place and hour set in the notice, a copy of which accompanies this certificate and is certified as to publication. Upon taking up the proposed amendment, it was considered and taxpayers were heard for and against the amendment. The Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment(s) to the budget and modifications proposed at the hearing, if any. thereupon, the following resolution was introduced. RESOLUTION No. 10-257 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE ~ 2010 (AS AMENDED LAST ON 11/02/09 .) Be it Resolved by the Council of the City of Iowa City Section 1. Following notice published 04/29/10 and the public hearing held, 05/10/10 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources Taxes Levied on Property 'I 45,393,198 0 45,393,198 Less: Uncollectted Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 45,393,198 0 45,393,198 Delinquent Property Taxes 4 5,000 1,500 6;500 TIFRevenues 5 2,838,990 1,205,604 4,044,594 Other City Taxes 6 9,513,465 -186,950 9,326,515 Licerises & Permits 7 1,350,023 875 1,350,898 Use of Money and Property 8 3,283,550 -750,218 2,533,332 Intergovernmental 9 159,520,793 -47,545,119 111,975,674 Charges for Services 10 39,610,048 603,125 40,213,173 Special Assessments 11 0 0 0 Miscellaneous 12 7,775,567 822,022 8,597,589 Other Financing Sources 13 112,247,865 37,840,369 150,088,234 Total Revenues and Other Sources 14 381,538,499 -8,008,792 373,529,707 Expenditures 8~ Other Financing Uses Public Safety 15 19,662,886 819,741 20,482:627 Public Works 16 13,579,546 368,650 13,948,196 Heallh and Social Services 17 0 0 0 Culture and Recreation 18 11,854,898 28,617 11,883,515 Community and Economic Development 19 33,068,718 2,602,009 35,670,727 General Government 20 8,319,535 -351,700 7,967,835 Debt Service 21 13,182,544 0 13,182,544 Capital Projects 22 97,035,409 -29,800,164 67,235,245 Total Govemment Activities Expenditures 23 196,703,536 -26,332,847 170,370,689 Business Type /Enterprises 24 142,272,981 -19,482,715 122,790,266 Total Gov Activities 8. Business Expenditures 25 338,976,517 -45.815,562 293,160,955 Transfers Out 26 90,576,647 19,757,319 110,333,966 Total Expenditures/Transfers Out 27 429,553,164 -26.058,243 403,494,921 Excess Revenues 8 OtherSources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -48;014,665 18,049,451 -29,965,214 Continuing Appropriation 29 0 N/A 0 Beginning Fund Balance July 1 30 152,412,538 0 152,412,538 Ending Fund Balance June 30 31 104,397,873 18,049,451 122,447,324 Passed this ~~h~-~~ ~ ~c~ Signature City Clerk/Finance Officer .1.~ (Day) day of May; 2010 (MOnfh/Year) Signature Mayor t.~ F. ~~~ Resolution No. 10-257 Page Z It was moved by Mims adopted, and upon roll call there were: and seconded by Wilburn the Resolution be AYES: NAYS: " ABSENT: ~ Bailey x Champion ~_ Dickens x Hayek x Mims ~_ Wilburn x Wright wpdata/glossary/resolution-ic.doc Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5053 RESOLUTION NO. 10-258 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT BY INCREASING ONE ADMINISTRATIVE SECRETARY POSITION FROM .63FTE TO 1.OFTE AND DECREASING ONE MANAGEMENT ANALYST POSITION FROM 1.OFTE TO .5FTE WHEREAS, Resolution No. 09-75, adopted by the City Council on March 10, 2009, authorized budgeted positions in the Finance Administration Division of the Finance Department for FY10; and WHEREAS, the Management Analyst has requested to go to part-time employment; and WHEREAS, the Administrative Secretary has requested to go to full-time employment; and WHEREAS, a review of the duties of the respective positions has been undertaken; and WHEREAS, a reallocation of duties will be performed in the Finance Department. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT THE BUDGETED POSITIONS IN THE FINANCE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT BE AMENDED BY: Increasing one Administrative Secretary position, pay grade 24, from .63FTE to 1.0 FTE. 2. Decreasing one Management Analyst position, pay grade 26, from 1.OFTE to .5FTE. Passed and approved this 10th day of May , 201Q• ATTEST: i° ~~~Z~~ ~ CI L- ERK MAYOR Approved by City Attorney's Office ,~: finadmlres\Fin Positions-5-2010.doc Resolution No. 10-258 Page 2 It was moved by Wight and seconded by n; (,kPT7C the Resolution be adopted, and upon roll call there were: AYES: -~- x x x X x x NAYS: " ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic. doc ~~ r ~~~~~~ CITY OF IOWA CIT`!~ MEMORANDUM Date: May 3, 2010 To: Dale Helling, Interim City Manager From: Kevin O'Malley, Director of Financ ~~.~C~~ G~ Re: Staffing changes in Finance I have received a request from Management Analyst Leigh Lewis to reduce her employment to half-time and also a request from Administrative Secretary Cyndi Ambrose to increase her hours to full time from her present .63 funded position. Both of these requests would be effective on June 1, 2010. After reviewing work tasks with each of them and Revenue and Risk Manager Melissa Miller, I recommend these employment changes. My expectation is that the service level of the Finance Department will not decrease due to these changes. The net effect of these changes will be a reduction of .13 full-time employees, and a reduction in salary expenditures of approximately $12,000. .$_~ M~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-259 RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1516 SHERIDAN AVENUE. WHEREAS, in 2000, the City allocated FY01 CDBG funds to anon-profit to acquire a child care facility at 1516 Sheridan Avenue; and WHEREAS, in 2005, the child care business failed and the non-profit deeded the property back to the City in lieu of foreclosure; and WHEREAS, after leasing the property for three years, the City listed the property for sale; and WHEREAS, the City now proposes to sell 1516 Sheridan Avenue to an income-eligible buyer for the principal sum of $130,000, less a $4,000 roof repair allowance; and WHEREAS, this sale would provide the opportunity for an income-eligible family to obtain ownership of their own home; and WHEREAS, on April 27, 2010, the City Council adopted a Resolution proposing to convey its interest in 1516 Sheridan Avenue, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1516 Sheridan Avenue, legally described as part of Lots 12 and 13, Block 9, Rundell Addition, Iowa City, Iowa. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. It was moved by Wilburn and seconded by Mims the Resolution be adopted, and upon roll call there were: Resolution No. 10-259 Page 2 AYES: x ~- x x x _~ x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this 10th day of Mav , 2010. "~! . MAYOR ATTEST: ~ 7C . CITY ERK Approved by ~~c~~ ~- 3 - r v City Attorney's Office N D ~~ O .r ~ w~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 522~tl'(3~j9) ~6-503 ~'~ ~ ~ i RESOLUTION NO. r`"? ' 7a ~` c.~ _ ~~~ ~ cn RESOLUTION AUTHORIZING CONVEYANCE OF A SINE FAMILY HOM E `~''~ LOCATED AT '1516 SHERIDAN AVENUE. WHEREAS, in 2000, the Cil~llocated FY01 CDBG care facility at 1516 Sheridan A enue; and WHEREAS, in 2005, the child care? to the City in lieu of foreclosure; and WHEREAS, after leasing the property Hess failed and to anon-profit to acquire a child non-profit deeded the property back ree year, the City listed the property for sale; and WHEREAS, the City now proposes to sell 516 heridan Avenue to an income-eligible buyer for the principal sum of $130,000, less a $4, 0 oof repair allowance; and WHEREAS, this sale would provide the opportunity for an income-eligible family to obtain ownership of their own home; and WHEREAS, on April 27, 2010, the City ouncil dopted a Resolution proposing to convey its interest in 1516 Sheridan Avenue, auth rizing p lic notice of the proposed conveyance, and setting the date and time for the public Baring; an WHEREAS, following the public he~ing on the proposed conveyance, the City Council finds that the conveyance is in the public ' terest. NOW, THEREFORE, BE IT RE OLVED BY THE C TY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of e City Attorney, the Mayor and the City Clerk are authorized to execute a warranty d ed conveying the City's interest in 1516 Sheridan Avenue, legally described as part of ots 12 and 13, Block 9, Rundell Addition, Iowa City, Iowa. 2. The City Attorney ye; hereby authorized to deliver said warranty deed and to carry out any actions necessa to consummate the conveyance required by law. It was moved by adopted, and upon roll and seconded by the Resolution be II there were: Resolution No. Page 2 AYES NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Passed and approved this Approved by day of _, 2010. MAYOR A T: CITY CLERK City Attorney's Office N O ~~ D ~ r a E ~ ~-~ _ ~ :<~., ~, ~~ _ . ~,~, rY~~U 9~ Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. ~ n- h~ RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VAN METER INDUSTRIAL, INC. FOR LOT 10 OF THE NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO AND AUTHORIZING CONVEYANCE IN ACCORDANCE THEREWITH. WHEREAS, The North Airport Development Subdivision Part Two includes commercial lots which have been marketed for sale to the general public; WHEREAS, the City has negotiated a purchase agreement with Van Meter Industrial, Inc. a copy of which agreement is attached, that requires City Council approval; and WHEREAS, following public hearing, the City finds that said purchase agreement should be approved and that the property should be conveyed in accordance therewith. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The attached purchase agreement with Van Meter Industrial, Inc. is approved. 2. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute all documents necessary to dispose of said property in accordance with said purchase agreement. Passed and approved this 10th day of Nlav , 2010. ATTEST: 9C CIT LERK /~.. ~r1 _ MAYOR Appr~ ~- __ ~) .~ - ; c City Attorney's Office Resolution No. 10-260 Page 2 It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X ~- x x x~_ X Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossary/resolution-ic.doc GO.M~1ERCjAi,/NQN•RESIUI;NTIALOFFER FOR REAL>JSTATE (Including A,cceptauce, Acknawled8cmonk) This farm apptovrd by the Iowa chy Area Association of REgLTORSGD '17M>; (,~,) um (_) pin pATE OI~ OFFER fl3i?d/~0•t0 1. Check till boxes that apply to this offer 2, DISC>~OSUJtE CONFIRTtATIONS, A. AG)SNCX By sigtdng flaw, BUYER and SELLER couFirm Iltat; u. tivritten dlsclocures of agency rcprasentatian wore provided to thorn, b, they understand said rapresentatlon, c, the disciosuros `vere prclvidad prior to aigning this Offer for heal J?stata. Ii. REQUE fS C LETS ORM AOCUMENT9. DUYEtt and SELLER request that -ROKBR selac d ca aft c • owed by law, BUYER 17AT ~%'3' .2 c~•.yt)-~~ SLI.J,ER & DAT>~ 13UYBIt & DATE SEt.LER & BATE 3. t7FNER'I'O; ~itv of Iowa (`.ity loyva The ondcrsigned_Ytan M~j~,[ tndtl9trial Inc ~~- -.(hu•ein designated as SELLF;R). hereby nffor to buy the real pmparty situated in ,!<G1~1i!n (herein designated as BUYBgj hrieil described n Gounty, Iowa. Located at, anc- y s„l,~_1(l Ru~oert Road lo~~a Pi -~---~--~3' ,Iowa, and following rho lct;al de5crip- tlou coutttincd lu rho title dpcurnent by which the SfiLLER raca(vtd tltlo to the property, subject to approve! of BUYER'S auotrey, or dasaribad as follows: hcrcinalter designated as "Prpporty" togcthor with any easentcnts and servitsnt estates appurtenant thereto and subject to zon- ing restrictions, restriclivc covotldtlts, enacmonts, and mineral reservndon, if any, subject, however, to thr 13uyor's prapct~y investlgntiun rights set fonit in paragraph fi(g) pod providul Buyer, on possession, fa permtlted la make tho following use of the Real );state: JJO~I>aR a$rces to ply you for such properly fire sum of ~ y . }. TI•iL PIlRCHASfi PRICB shall be paid as follows: b (_Thirty Flve Hundrr;{j Dollars an no o ,tom^,,,,.} to be held in trust by ' (1[J SEI:Li:It'S (,~) 8UX>SR'8 (r) both SELLER'S artd BUYI.R'3 Agent (hereina[rer referred to as "Broker" or "Agent") or {,._,) AN ESC1~pVy COMPANY and credited toward the purchase price at ciosins, pondins delivery of tool papc;ta and the 6alaneo upon delivery of wmTanty dead or upon execution of a real estate contract es harelnnRer provided, Earnest monoy scheduled m be held in excess of 40 days and in au amount equal to or exceeding S7,Sl)O,Op shalt ba placKd In an IaterasNh~earing account with interact accruing in favor of (~ BUYER (_,,,) SELLER, SSp , or l;ed E11y; . ~Tho tornt'`Broker" shall also include 8rokar's afCtliatad licensees (brokers and sales• pet~sons). Tho terms Ownot' and/or Seiler' shall include Sellar or Vendor. The farm "BUYER" shall inchtde Buyer or Vendoo, The tarns "sell" pod "sale" shall include sale, exchange ar option. The balance of the purchaso price shall 6e paid as designated below: Check rite appropriate boxes. (A) ar (H} or (C} or (A} (/) A. CAS;Ei to bn paid vn settlrment (faro, This offer is not contingent upon'BUYER obtaining financing. SELLER has the right to receive verification of flrnds. (a) B. NE~'V lti1AR'FGAGL: This contract is contingonl upon rho BUYER obtaining a bannFida commitment i'or; t_...) Conventional {.,_) ARM {^) . Other ItUYt'iR(sf,~~, and SGI..t.GR(s),~, ockno~Wcdga prey have rood this paRa (rNtiuis) (7nltlnls) Pogo 1 of 7 TINANCING TERMS; This Agreement is contingent upon the BUYER obtaining a written commitment firr (r first real estate mortgage far % of the purchase price with interest on the promissory note secured thereby of not more than amortized over a term of not less than years, with a balloon due date of not fens than BUYER agrtcs to pny no more than T~,fi for loan origination fees and points, and to pay in addition rdl otl>er cus- tomary lone costs. BUYER ngrces upon acceptance of this offer to immediately make application for such mortgage with a commercial mortgnge lender and is exercise good faith efforts to obtain a mortgage commitment as above pro- vided. Upon receiving 4vritten Loan commitment (supported by the lender's required appraisal), BUYER shall release this contingency in writing. If BUYER has not obtained a written mortgage loan commitment containing the above terms or other tet~ns acceptnbce to BUYfiR on or before the day of 20 either SELLER oc BUYER may declare this Agreement null and void and ail payments made hereunder shalt be returned. BUYER shell pay the balance of the purchase price at the time of the closing by combination of BUYER'S personal funds and the net mortgage proceeds. (.~ C, AS5UMI'TION OF MORTGAGE OR CONTRACT: see "Addendum to Commercial Reai Estate Purchase Agreement" attached and made a part of this contract. (._) D. INSTALLMENT CONTRACT: see "Addendum to Commercial Real Estate Purchase Agreement" attached and made a part of this contract. 4, OTHER T ERMS/CONTII`'GENCIES/SPECIAI, PROVISIONS (i.e., any subject to sale, including zoning permits, util- ides, environmental assessments, etc.): Optional Condltlons: Provisions a through g, if initiated by BUYER, are included in this Agreement: a. SURVEY, Upon acceptance pf this offer, BUYER may have the property surveyed by a licensed Surveyor at the expense of the (_} BUYER, U SELLER The surveyor shall set and flag all property pins, to be approved by BUYER before If the survey, certifed by a Registered Land Surveyor, shows any encroachment an said property or if any improvements (not excluding landscaping, plant- ings or fencing) la:ated on the subject property encroach on lands of others, such encroachments shall be treat- ed as atitle defect. i7. SOILS TEST. Upon acceptance of this offer, BUYER shall have the right (o have soils investigations con- ducted 6y a licensed soils engineer, including, but not limited to, percolation tests, to ascertain whether the property is suitable for the improvements which BUYER intends. m make. Alt expenses for the tests shall be borne by (~ BUYER, U S>~LLER. BUYER shah be responsible for the repair and restoration of any damage la the property +vhich may be caused by such tests. If in the reasonable opinion of the soils engineer, the property is not suitable for the proposed development, this Agreement, at the option of the BUYER, may be iermirrated attd all earnest money shalt be refunded. BUYER shalt be deemed to have waived this Wndition unless written notice to Qte contrary is delivered to SELLER'S agent within days of acceptance. c. COVENANTS. SELLER shall provide the BUYER with the eavenants within days of acceptance of this offer. BUYER shall then liavc days from receipt of these covenants to review and provide written approval to SELLER'S agent. If BUYER does not approve covenants, then this offer is Wait and void and all earnest money shall be refunded. d. WELL WATER TEST. Upon acceptance of this offer, BUYER may, at Buyer's expense, obtain a water test to determine if the well water meats the safety standards set by the State Hygienic Laboratory, BUY1rR shall be deemed to have approved snid report unless written notice is delivered to SELLER'S agent within days of acceptance. In the event of disapproval, BUYER !nay tcntrina[e this agreement and all earnest money shall be returned, orBUYER Wray elect to proceed with welt investigations as noted below. e. WELLREPOR~: Upon acceptance of this offer, BUYER may obtain a wall report of the existing vret!(s} from a Iieensed welt drilling contrnctor at the expense of the (,__) BUYER, ~) SELLER. BUYER shall be deemed to have approved said report unless written notice to the contrary is delivered to SELLER'S agent tvilb- in days of acceptance. In the event of an unsatisfactory report, and if the matter cannot be resolved behveen the parties within days pf receipt thereof, BUYER may terminate this Agreement acrd alt earnest ' money shallbc caromed. f. SEPTIC. REPORT. If the property is served by a septic system, BUXER may, at (~ BUYER'S, (,~J SEL,I,ER'S, expense, !rave the system inspected by a qualified inspector to determine if the system is working ptvperly. In the event of an unsatisfnctory report, and if the matter cannot be resolved between the parties +vitltin clays after receipt thereof, BUYER may terminate this Agreement and all earnest rnaney stroll be returned, ----g• PROPERTY rN'VESTIGATIUNS, Within days following acceptance of this offer, BUYER may con- duct independent investigations of the folio+ving examples of conditions relating to the property: oUYLR(s)_~, and SGI.LER(s) , aaknnwlcdge iltey have read this page. (Cnitialsj (rnitials) Figc 2 of 7 (1) Zoning, other ordinances, general plan description, environmentally protected areas, master plans of • drainage, dedication of land for public use, topography, or outer: (2) Flood ltazard zones, BUYER has been advised that the property (___) is, (_„) is not, (~ tnay be, in an,area designated as a flood zone, Plood iasurance may be required in order to obtain financing, BiIYER is advised fo consult lender and itisuranee carrier, (3) Availability of utilities and costs of development. (4} Building Depamttent requirements, fees, and costs of offsite and castle improvements. (5) Any easements of record for public utilities, roads or highways. Also consider liens, other easements, and interests of others. (ti) Any mineral. reservations. BUYER shall be deemed to have approved of said investigations unless written notice is delivered to SELLER'S agent within days of Acceptance of this Purchase Agreement. In the evens of disapproval, BUYER may termiaute ibis Agreement and a.ll, earnest money shall be returned, $. ABSTRACTAIWD TITLE. Within _.1$_days of final acceptance of this offer, SELLER shalt have the abstract far the property continued to and incluttittg tfie date of acceptance of this offer and deliver it to BUY)~R for examination, $UY1R shall have ten (t0) days'fromdate of receipt of Abstract to deliver a copy of his attorney's title opinion to SELLERS, slat- ing any objections to Title and only objections so stated shall be considered. The abstract shall become rho property of BUYER when the purchase price is paid in full and shall shprv Marketable Title as defned as one that is in compliance tivith the Iowa State Bar Association Title Standards. SELLER shall pay costs of additipnal abstracting andlor title work due to act or omission of SELLER; or SELLER shaft give evidence of title by the purchase of an Owner's policy of tide insurgnce for BUYER conk-ining tettns and endorsements satisfactory to Buyer. 6. TRUST PAYMENTS, All Funds deposited as part payments shat t be held by Broker in mist pending acceptance of this offer, and exuntination of the abstract anJ delivery of-deed or formal contract. $UYER authorizes the Lender financing this pur- chase to pay all funds to Broker for the benefit of SELLER and SELLER authorizes Ageirt to accept and make payments and disbursements. At tune of settlement, funds of the purchase price may be used to pay taxes, other liens, and closing costs to comply with the above requirements, to be handled under supervision of Broker, and subject to approval of B UYER on title questions which tray be needed to produce marketable title. Before BUYF,R shall be entitled to refund of 1;amest Money, any actual expenses incurred on BUYER'S behalf shall be deducted therefrom and paid to the creditors entitled thereto. 7. R1~,AL ESTATE TAXES, SPECIAL ASSESSMENTS. Real Estate Taxes. SELLI~R shat[ pay all real estate taxes which are dap and payable and consti fate a lien against the above described Real Estate and nny unpaid real estate taxes for any prior years, Except for the tax proration hereinafter set forth, BUYER shall pay nil subsequent real estate taxes. SELLER shall also pay a prorated share of the real estate taxes for the fiscal year ending 7tane 30, 20~, and payable in the fiscal year commencing 7uly 1, 20 „~,, based upon one of the fol- lowing formulas: Select (A) (B) or (C), (.~ A. filet truces payable in the current fiscal year in w[uch possession is given to BUYER, (Do not select this alternative if the ctuxent year's taxes are based upon a vacant lot or partial construction assessment. (_,) B, Net taxes pgid in the current fiscal year of possession (plus/minus) 3b thereof. (_) C. An amount 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 fiscal year commencing Iuly 1, 20 _____, If, at the time of closing, the tax xate is not certified, rhea the most current, certltied tax rate shalt be used. Specie[ Assessments. Select: (A) or {B) (_) A. SELLER shall pay all special assessments which are a lien on the Rea[ Estate as of the dart: of closing. (~) B. SELLER .shall pay all installments pf special assessments which are lien otr the Rea! Estate and, if not paid, would become delbtquent during the calendar year this offer is accepted, and all prior installments thereof. All other special assessments shall be paid by BUYERS, 8. POSSESS)<ON, If BUYER timelyperfortns all obligations, possession for rite Real Estate shall be delivered to BUYER on -`lane i • 20 -1(i'_ with nny adjustments of rent, taxes, insurance, interest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction shall occur nfler approval of title and vacation of the premises by the SELLER, in the candltion ready for BUYER'S possession.l?ossessign shalt not be delivered to the BUYER anti[ completion of the closing, which shall mean delivery to fire BUYER of alt title transfer documents and receipt of the purchase price funds. then due from BUYER. If by mutual agreement the parties select a different possession or closing date, they shall execute a separate agttemenl setting forth the terms thereof. Ht1YER(s) -J ~ ,and SELLBR(s) , ncknaw)edge Ihcy have read this page. (initials) (tititinh) page 3 ar ~ 9. INSURANCE.. SELLER shall bear the risk of fuss or damage to property prior to settlement or possession, whichever first occurs. SELLER agrees to maintain existing instnattce and BUYER may also purchase insurance. In the event of subst<~n- tial damage or destruption prior to closing, this Agreement shall 6e Hall and void unless otherwise-agreed by the parties. BUYER, however, shall have the right to complete the closing and receive insurance proceeds regardless of the extent of [he damage. Tate property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before closing date. IQ. INCLUI3ED PROPL~>ZTY (if any}.All property that integrally belongs to, or is specifically adapted to, or is part of the teat estate (except rental items), tivhether attached or detached, such as wall to wall carpeting and vlny[, light fixtures and bulbs, ceiling fan(s), minors, shelving, shades, rods. blinds, awnings, storm windows, storm doors, screens, plumbing fixtures, sgrrtp pump, water treater, water softener, automatic beating equipment, fuel tank, air conditioning equipment (except win- dow), door chimes,. alarm devices. built=in Stems and electrical service cablelfencing, garage door opener and control(s), other attached fixtur©s, radio and/or attached TV receiving equipment, fencing, trees, bushes, shrubs, plants, appurtenant suvctures or egaipment, storage buildings, voice/data wirutg and ports, pre-wired security systems, electronic cable, fenc- ing, shelving, gates, landscaping, and rural water membership shall be considered a part of real estate and included iti this sale. I2. OTHER INCLUDZ;A ITEMS, INCI,UAING MACHINERY AND EQUIPMENT: _.- valued at , { - ), of lire total purchase price. F,XCLUDED PROPERTY, MACHINERY AND EQUIPMENT: I2. PERSONAL PROPERTY AND DEBRIS. SELLER agrees to remove alt debris and al[ personal property not included herein from the property by possession date unless there is a prior written agreemen# by the parties. 13. DUTIES OF PARTIES; u, SELLER and HUYER acknowledge and agree that BROKER(S), affiliated licensees and employees; (i) must respond to all questions of the parties; however, they are not required to discover hidden defects nr give advice on matters outside the scope of their real estate license; (2) make no representations or warranties as to the physical w' mechanical condition of the property, its size, value, future value, income potential, whether the basement is waterproof, etc.; SELLER AND BUYER are not relying upon any such representations. (3) are not qualified to advise on questions concerning the condition of the property, the legal sufficiency legs) effecl or tax consequences of this document oc transaction, For such matters. SELLER and BUYER are advised to consult the appropriate professional(s), b. SELLER and BUYER acknowledge Utat the SELLER of real property has a legui duty to disclose MATERIAL ADVERSE FACTS and MATERIAL DEFECTS of which SELLER Iias actual knowiedge and which a reasonable inspection by BUYER would not reveal. BUYER has the right to obtain any inspections, survey cad measurements at BUYER'S expense. 19, JOINT TENANCY IN PROCE13D5 AND IN SECIiRITY RIGHTS. IN REAL ESTATE. if SELLER, immediately pre- ceding this offer, holds titles to the property in joint tenancy, and such joint tenancy is not inter destroyed by operation of law or by acts of SELLER, then (1) the proceeds of this sale, and any contiuuiug and/or recaptured rights• of SELLER in teat estate shall be and continua In SELLER as joint tenants with rights of survivorship and not as tenants in common; and (2) BUYER in the event of the death of either SELLER agrees to pay any balance of the proceeds of this sale to the surviving SELLER and to accept deed fwm such surviving SELLER, I5. CONDITION OF PROPERTY, A. The property as of the date of this agtt:ement including buildings, grounds, and 811 improvements will be preserved by SELLER itt its present condition until possession or closing, whichever takes place first, ordinary ~vcar and tear excepted. B, SELLER warrants there are no abandoned well, solid waste disposal sites, hazardous wastes or substances, or under- groundstorage tanks, and that property is under no governmental scrutiny for Urese items. C. SELLER assures heating and air conditioning systems, plumbing system, nil appliances and all other mechanical equip- ment, included as part of the purchase price, will be in working condition as of either the date of possession or closing, whichever takes place fast, with the following exceptions (if none so state); IIUYER(s)•~„~ , and SETtLER(s} , nckaowltdge they have read this page. (Initials) (Initials) Page d aC 7 D. ]F this property is sold and purchased in alt "as is" condition, Parngraph ISC, does not apply to this sale acrd the prop- eny is sold and purchased without a general -varranty, including but not limited to wananty of fitness, freedom ti-om defects, suitability of purpose, or that the building or any of its included components including heating, air-condition- ing, ventilating, plumbing, clctarical and other systems therein are in opcraturg conditions, The BUYER acknowledges that he has relied on no represerttatiens as to the candltiou of quality oFthe property being sold and purchased herein by either the 3ELLE.it or SELLER'4 aRPntc and representatives. The BUYER shall have no right on the execution of this agreement or subsequent to the del leery of the title transfer documents to the BUYER to assert any claim related to the property nt any time thereafter and this provision shall survive delivery of deed to the BUYIs'R. It is agreed between the parties that this property Is being sold and purchased in "as is"condition. Buyer's signatum Setter's signature E.. BUYER shall be permitted to make a rva}k through inspectian of the property prior to possession or closing, whichew er is sooner, In order to determine that there has been no material change in the condition of the property except those mutually agreed upon. Utttess it is new construction, at the time of closing or possession, whichever occurs shorter, BUYERS will accept property in its present condiuan without further warranties or guarantees by SELLERS or BRO- KER eonceming the condition of fire propetrtyy. This, however; shall not relieve the Seller of any liability for any cdndi- tionsthat are defined as latent defects. A Intent defect is one which is not apparent to the Buyer upon reasonable, care. fur inspection of the premises and which is known to the Seller and not disclosed• as a detect. F New Construction: If the improvements on the subject property are under constrttation or are to be constructed, this Agreement shall bo subject fo approval of plans and specifications by the parties within days of t'inal accept- ance of this Agreement. This Offer to Purchase is not a construction contract. The contract fpr construction will be u separate agreement between ttte Contractor and BUYER which. will set forth all of the terms, conditions and specifics- ' lions of the property to be constructed. Broker(s) and employees make no warranties as to the quality of construe. lion or materials or any warranty of habitability. G, BUYER is advised to have property luspttcted by professional inspectors, if improvements on file property have been previously occupied, BUYER may choose one of the following alternatives relative to the condition and quality of the property: Y(1) Within days after the final acceptance date BUYER may, at BUYER'S sole expense, have the prop• erty inspected by a qualified person or persons of BUYER'S choice to determine if there are any sn•uclural, mechanical, plumbing, clectricai, or envitomnenwl deficiencies, including hazardous materials, substances, conditions, or rvnste. BUYER to indemnify SELLER for any damage resulting from environmcnta! inves• ligation. Within this same period, BUYER may notify SELLER in writin; of any sudt deficiency, Failure to do so shall bo deemed a waiver of BUYER'S inspection and repair rights and BUYER agmes to accept the property in its present condition. In the event of any claim or demand by BUYER as a result of inspections, SELLER shalt within 72 hours of notification declare and cantmence one of the following options: (a) mak- ing said items operational or fmtetional or otherwise curing the deficiency, or (b) amending tl»s agreement by giving BUYER a credit for the cost of curing the deficiency, or (c) canceling this agreement and refund- ing BUYER'S earnest money deposit or any sums paid duectly to SELLER. If SELLER does not prornp[- lycure alI such deficiencies: in a manner tnutunlly agreeable and eonfhrtted by written addendum, signed by the parties (either pursuant to parenthetical a orb above), then BUYER may declare this offer null and void and shall have the right to all payments returned, If the.propat•ty is being sold and purchased in "as ls" cott- dition as acknowledged by signatures about:, and if the Buyer elects to conduct inspections, said inspections are for rho purpose of determining if the Buyer wishes to continoe with the purchase of the propet•ty only, The Seller is under no obligation to remedy any deficiencies and failure to do so shall not be a considera- tion for voiding the contract. Tf the $uyer does not approve of information discovered in the inspection, then this offer is null and void and all earnest money shall be returned, (2) BUYER has verified auy 6tformatiot- that is imporutnt to BUYER by an independent investigation and/or independent inspector, Further, $UYER acknowledges that BUYER has made a careful and satisfactory inspection of the property and is purchasing the property in its existing condition, 16, WOOD-DESTROYING PEST INSPECTION. BUYER may request a pest control inspection by a licensed pest inspec- tor lvithut days after aceeptance of this Offer; which shah be done at BUYER'S expense (except as otherwise agreed in writing). Should evidence of termites or wood destroying insects be found, the property and structure(s) Wray be treated bye i.icensed pest extctminalor in an appropriate manner at SELLER'S option, and shall include all treatotent and repau• rea- sonably required by BUYER, BUYER agrees to accept treated and repaired property, or, prior to the cnmmeneement of 1tUYL•Tt(s)~, and SLLLER(s} , acknowledge tGcy have read this pago. (Initials) (initials) Pagc 5 of 7 treatment turd repairs, shall have the option of declaring this Agreement nail and void and be entitled to full return of the earnest money. This provision does not apply to fences, trees, shrubs, or outbuildings other than garages. 17, LEAS)~ TERMINATION. If indicated by "Yes" in the following space it shall be rho respo»sibility of SELL- ER ai SELLER'S expense to tennlnate all rights of existing tenants so BUYfiR shall have sole possession and at closing SLLL,ER shall exhibit evidence satisfactory to BUYER of such termination. SELLER shall furnish copies of all leases and agreements between Tenants and SELLER and this offer (~) is (,-.•-) is noc subject to BUYER approving said leases and agreements by (date) 2Q,~ 18, REMEDIES OF THE PARTIES - FORREitTURE . FORECLOSURE • REAL ESTATE COMMISSIONS, n, If SELLER fails to fulfill this Agt~empnt, SELLER will pay to Broker the professional service fee (if any) in full ns stetted in the Exclusive Listing Agreement or other written commission agreement corresponding to the property, and BUYER shall have the right to Gave all payments returned ur to proceed by art action or actions at law or inequity, b. If BUYER fails to fulfill this agreement, BUYER will pay to Broker the professional service fee (If any).in full as stated within the BUYER Agency Agreement or other written Commission agreement and all payments by BUYER may be fvti'eited and retained by SELLER as provided iu the Code of Town. c. In addition to dre foregoing remedies. BUYER raid SELLER each short lie en4tted to any and atl other remedies, yr actions ut law or in equity, including foreclosure, and the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 19. COURT AFFROVAL. If the property is an asset of any estate, trust, conservator-ship, or t~ecivership, this contract street be subject to Cvurt approval, unless declared inn Pv~a by SRr rFR If necessary, the appropriate fiduciary shall prviceed promptly and diligently to bring the matter an fvr hearing for o + p t~• v_qt In this event, a Court Officer's Deed shall be used. IF this contract is not so approved by the day of 2U ,either parry tray declare this contract null and void, and all payments made here under shall be returned, 24, DE$D. Upon payment of purchase price, SELLER shall convey title to Buyers or their assignees by~1~y deed, free and clear of Liens and enctunbrsnces, reservations, exceptions or modifications except ns the inslrtrment otherwise expressly provides, All warranties shall extend to time of acceptance of this nffer, with special wtu'ranties as to acts of SELL&R up to time of delivery of decd. 2I. G1;N]FaRAL PROVISIONS. In flee perfprmartce of each part of this agreement, time shall be of the essence. This Agreement shut! be binding on and inure to the benefit of the heirs, executors, adminisgrators, assigns and successors in interest of the respective pasties. This Agreement shall survive the closing. Pazagraph headings arc fvr the convenie»ce of reference and shall not limit nor affect the meaning of this Agreement, Words and phcascs herein, including any acknowledgement here- of, shall he construed as in the singular or plural numbe , and as masculine, feminine or neuter gender according tv the con- text. 22. NOTICE. qny notice required under this Agreement shat! be deemed delivered when it is received either by hand delivery, facsimile, electronic camtnunicntlon or certified mail, Persons designated far receipt of any notice shall be SELLER(s) and B UYt~R(s) at the addresses set tirrth below or thelr BROKER orAgent. Electronic or facsimile transmission sent to the other patsy or to the appropriake 13ROKIIt, followed by electronic or faxed acknowledgement of receipt, shall constitute delivery bf sighed doctunent. 23, ENTIRE AGREEMENT This document contains the entire agreement ai' the: parties and supersedes alt prior Offers with respect to the property. fihis Offer may be modified only by a written agreement signed and dated by both parties. 24. MIIDIATION. Tn the event of a dispute, $UYBR and SIE,L$R agree to consider mediation as an alternative to initiating legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually agreed mediation servitte. Even when Utilizing mediation, parties may stilt seek legal remedies. 2S, OTHER PROVISIONS. All other provisions, if any, shall be by addendurn or amendment to this Agreement, 26, INDEMNITY; If a mutual mistake regarding the rights and obligations of the parties is d[scovet~ed after closing, drat mis- takeshall be corrected by a mutual agreement. If the error is a monetary mistake, it is to ba assessed and immediately col- lected firotn the party originally legally liable, 27. ADDITIONAL PROVISIONS,~his rnrrrh^st? a~rpamPnt• i d ~Lhig~1- i-n > ~--`---•-~-~•17 MPtc~r sat-iafari-inn ctf fihP r~~trnha~or m>^r_ ---_-.- IIC1YGRt+)- ~/~ and SGLLfiR(s) ,acknowledge they pave tend this page. (IaiGals) (initials) NagC 6 of 7 28. ACCEPTANCE. When Accepted, this offer shttli become a binding contract for the sale and purchase of the above described Pr+tl)~Y and the profcssiaual seryit:c fee(s) shat l be due to the Agent(s) in accordance with the Exclusive Listing Agreement, • i3UYEi2 Agency pgnament hr other written cgrntnission a nee shall not negate or ebange any of the conditions or terms of aid Agrteetneai(s), wltichr P hls reference, seal! remalin lnOfuu Force and effect through the closing, If this offer is nqt accepted by SELLER on or before • .20 , It shall become nu1I and void and the. initial payment t all b paid ~.•ddHC! ER tvitttoa lability on the part of said Agent(s) to eitherpatty. .'~ BWER _ ~ r~~`.~L~ 1`x..1 r f~,/~. ~j.c.cJ . AnDR~e/ss // t. (TY, STATE. ZIP --.~---_ PHONE 3/ ~ ...~~ ~• ~ S ~~/ ADDRESS CITY, STATE, ZIP PHONE This oiler is accepted ,2O~_at {A,Iv1., P.M., Noon) E. SLLLGR ADDRESS CITY, STAT[3. Z[P PIJt)NL FOIE INFORMATION ONLX SELLER ACI{NOWLEDGE512ECEIPT Old THE OFFER (DA1'Ii) 2. S>•;LI.ER ADDRESS ctTY srAT>~ ztp PHON>~ The SCLLERS in this trnnsaetion arc representeJ by: t~ a 1(h ~ 1-,r fn1 E-mail: tA~ent/Brokerage Names) Fax: 1'he B UYERS is this trfuisacdon are tropresenicd by: pan Smith / Amhros~/Ro ~~+ d ~ ~ r ~ E-tnail:rSrnlthgFt~~ iAuent/Broketage Names) Fox: IiUYf;R'S Augrney SF,IJ ERS Attorney F~x% Abstract lgcatign Fax: Mortgage with Tltis is a legally Ui'ndiitg contratt. iPngt understood, consutt with the lawyer of your choice, Receipt of a copy of gtts ngrcentent fs acknowledged by the parties hereto. BUYER{s)_T~, and SELLCR s} ( nit als) { ~ arknn}vlecfge they hnvo road this page. (Initials) Pngc 7 of 7 rndr 4/09 Purchase and Sale Agreement Page 1 COUNTER~OFp'ER TO; VAN METER INDUSTRIAL, INC. ("13uyer"). The City. of Iowa. City, Iowa, a municipal eorporapion ("city"), makes the. following Counter-Offer to the Commercial/Non-Residential Offer for Real Estate dated March 24, 2014. 1. Change in purchasepriee:• ~1`3$o~e~o,~'~ ~~ 2. Change in possession date; ]une 15, 2010. 3. Seller Contingency: a. This counter-offer and the. City's obligations under this agreement are contingent upon formal approval of the City Council for Iowa City, pursuant to Section 364.7 of the Code of lows. 8. This counter-offer is contingent on Buyer executing an agreement to satisfy the conditions of the FAA.release that allows the City to sell tha property. 4.. All other terms of the CommerciallNon-Residential Offer for Real Estate dated March 24, 2010 shall remain tlte.same. ' as ~ 5. This Cvunter--Offer shall expire at 4:00 p.m. April/~20] 0. CITY O~iQWA CITY, IQ~iA~EI,IrER , r E. Aoc,~pted this ~3 say of ~p~%L ,solo. ACCEPTANCE The City of Iowa City ("City") accepts the Buyer's counter to the City's counter-offer set forth above. CITY OF IOWA CI Da~ ~ By. SELLER Hells , ~.ffterim Ci + 1 is y Manage ~: i t: ~,~ - - 10 ~~ Prepared by: Dan Scott, Project Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5144 RESOLUTION NO. 10-261 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE LANDFILL FY09 STAGE 1 CELL CONSTRUCTION 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, not less than 4 and not more than 45 days before the date for filing the bids, 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. Sealed 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, before 10:30 a.m. on the 8th day of June, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetinq~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15t day of June, 2010, or at a special meeting called for that purpose. Passed and approved this 10th day of MaY , 20 10 ~~ ~ ~ MAYOR Approved by ATTEST: ~ ~ ~Q,l'G~" """ '1~~ ~I~k'I~~r/ CITY ERK City Attorney's Office 4I3o (~ v pweng\res\09cellconstruction.doc ` Resolution No. 10-261 Page 2 It was moved by Wright and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion X Dickens _~- Hayek ~_ Mims x Wilburn x Wright wpdata/glossary/resolution-ic.doc ~~~. - - 11~ Prepared by: Brian Boelk, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 10-262 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SANDUSKY STORM SEWER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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, not less thatn 4 and not more than 45 days before the date for filing bids, 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. Sealed 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, before 3:00 p.m. on the 26th day of May, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 1St day of June, 2010, or at a special meeting called for that purpose. Passed and approved this 10th day of May , 2010. MAYOR Approved by: ATTEST: .,~.- ~-/rh~¢~tiw~vz~ Al~[i'~~ CIT LERK Clty Attorney s Office ~/,~~' ~o Resolution No. 10-262 Page 2 It was moved by Bailey and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright wpdata/glossarylresolution-ic.doc 05-10-10 ~~ 12'~ Prepared by: Kumi Morris, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5044 RESOLUTION NO. 10-263 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER BUILDING ENVELOPE ROOF REPAIRS AND MEMBRANE REPLACEMENT PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, 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, not less than 4 and not more than 45 days before the date for filing the bids, 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. Sealed 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, before 2:00 p.m. on the 10th day of June, 2010. At that time, the bids will be opened by the City Engineer or his designee, and thereupon referred to the City Council of the City of Iowa City, Iowa, for action upon said bids at its next regular meetin~, to be held at the Emma J. Harvat Hall, City Hall, Iowa City, Iowa, at 7:00 p.m. on the 15t day of June, 2010, or at a special meeting called for that purpose. Passed and approved this 10th day of May , 20 l0 _ l~C:~- SCI MAYOR Approved by ATTEST: 7 ~_~~ ~~` <~~'~ CITY ERK City Attorney's Office L( ~~io pwenglres/SeniorCtrRoof-appp&s.doc 4/10 Resolution No. 10-263 Page 2 It was moved by Mims and seconded by wrishr the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey ~ Champion _ ~ Dickens _ g Hayek x Mims x Wilburn x Wright wpdata/glossarylresolution-ic. doc `7 i M-~~ f . ~:~ R:a Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-264 RESOLUTION ADOPTING IOWA CITY'S FY11 ANNUAL ACTION PLAN WHICH IS A SUB-PART OF IOWA CITY'S 2011-2015 CONSOLIDATED PLAN (CITY STEPS) AND FY08, FY09, FY10 ANNUAL ACTION PLAN AMENDMENTS, WHICH ARE SUB-PARTS OF IOWA CITY'S 2006-2010 CONSOLIDATED PLAN (CITY STEPS), AND AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND AMENDMENTS 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 (HUD) requires the City of Iowa City, Iowa, to prepare and submit the FY11 Annual Action Plan as part of the City's 2011-2015 Consolidated Plan (CITY STEPS), to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City of Iowa City has additional recaptured and uncommitted FY08, FY09 and FY10 Community Development Block Grant and HOME Investment Partnerships Program funds to be added to the FY11 Annual Action Plan; 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 Partnerships Program (HOME) funds for City of Iowa City fiscal years 2008, 2009, 2010 and 2011; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FY11 Annual Action Plan and FY08, FY09 and FY10 Annual Action Plan Amendments ("Amendments"); and WHEREAS, the FY11 Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the FY11 Annual Action Plan and Amendments 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 FY11 Annual Action Plan and Amendments and submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City of Iowa City FY11 Annual Action Plan and Amendments, filed in the office of the City Clerk, containing the allocation of CDBG and HOME funds attached hereto as Exhibit A, are hereby approved and adopted. Resolution No. 10=264 Page 2 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City FY11 Annual Action Plan and Amendments 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 FY11 Annual Action Plan and Amendments. 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. Passed and approved this lothday of May, 2010. ~(I MAYO R ATTEST: CIT CLERK _, ;~ City Attorney's Office It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x X X- X X X X NAYS: ABSENT: Bailey Champion Dickens Hayek Mims Wilburn Wright Exhibit A Projects Recommended for FY11 CDBG & HOME Funding HCDC (3/25/10) Recommendation or Council Request Earmark* ECONOMIC DEVELOPMENT Economic Development Fund* $108,329.00 Subtotal $108,329.00 HOUSING PROJECTS Shelter House/NAMI -Rental $200,000.00 $200,000.00 Isis Investments LLC -Rental $250,000.00 $208,000.00 IC Housing Authority/DVIP - TBRA $40,000.00 $40,000.00 The Housing Fellowship - CHDO Operating $40,000.00 $33,900.00 The Housing Fellowship -Rental $682,443.00 $408,451.00 IV Habitat for Humanity -Home Owner $190,000.00 $114,000.00 IC Housing Rehabilitation -Owner Occupied* $282,024.00 Subtotal $1,402,443.00 $1,286,375.00 PUBLIC FACILITY PROJECTS MYEP -Facility Rehab $97,237.00 $90,000.00 Extend the Dream Foundation -Facility Rehab. $200,000.00 $40,000.00 Johnson County Ext./Big Brothers Big Sisters $200,000.00 $127,000.00 DVIP -Facility Rehabilitation $76,000.00 $70,000.00 MECCA -Facility Rehabilitation $15,850.00 $11,000.00 IC Free Medical Clinic -Facility Rehab. $97,975.00 $43,000.00 Subtotal $687,062.00 $381,000.00 PUBLIC SERVICE PROJECTS Crisis Center -Operations $10,625.00 $3,177.00 Shelter House -Operations $10,000.00 $2,888.00 Mayor's Youth Empowermen/FAS TRAC $8,332.00 $2,625.00 Iowa City Free Medical Clinic -Operations $10,000.00 $2,610.00 Aid to Agencies* $105,000.00 Subtotal $38,957.00 $116,300.00 ADMINISTRATION AND PLANNING HOME Program Administration* $67,799.00 CDBG Program Administration and Planning* $157,438.00 Subtotal $225,237.00 TOTAL $2,117,241.00 SOURCE OF FUNDS FY11 CDBG Entitlement $722,192.00 FY11 Anticipated CDBG Program Income $65,000.00 CDBG Uncommitted/Returned Projects $155,665.00 CDBG Subtotal $942,857.00 FY11 HOME Annual Entitlement $677,991.00 FY11 Anticipated HOME Program Income $90,000.00 HOME Uncommitted/Returned Projects $406,393.00 HOME Subtotal $1,174,384.00 FY11 TOTAL $2,117,241.00 ~~3{ Exhibit A Projects Recommended for FY11 CDBG & HOME Funding HCDC (3/25/10) Recommendation or Council Request Earmark* ECONOMIC DEVELOPM T Economic Development Fun * $108,329.00 Subtotal $108,329.00 HOUSING PROJECTS Shelter House/NAMI -Rental $200,000.00 $200,000.00 Isis Investments LLC -Rental $250,000.00 $208,000.00 IC Housing Authority/DVIP - TBRA $40,000.00 $40,000.00 The Housing Fellowship - CHDO O erating $40,000.00 $33,900.00 The Housing Fellowship -Rental $682,443.00 $408,451.00 IV Habitat for Humanity -Home Own $190,000.00 $114,000.00 IC Housing Rehabilitation -Owner Oc pied* $212,024.00 Subtotal $1,402,443.0 $1,216,375.00 PUBLIC FACILITY PROJECTS MYEP -Facility Rehab $97 37.00 $90,000.00 Extend the Dream Foundation -Acquisition $2 ,000.00 $0.00 Johnson County Ext./Big Brothers Big Sisters 00,000.00 $127,000.00 DVIP -Facility Rehabilitation $76,000.00 $70,000.00 MECCA -Facility Rehabilitation $15,850.00 $11,000.00 IC Free Medical Clinic -Facility Rehab. $97,975.00 $43,000.00 Subtotal $687,062.00 $341,000.00 PUBLIC SERVICE PROJECTS Crisis Center -Operations Shelter House -Operations Mayor's Youth Empowermen/FAS TRA Iowa City Free Medical Clinic -Opera ' ns Aid to Agencies` Subtotal ADMINISTRATION AND PLA NING HOME Program Administr on* CDBG Program Adminis tion and Planning* Subtotal TOTAL SOURCE OF NDS FY11 CDBG E titlement FY11 Anticip ted CDBG Program Income CDBG Uncommitted/Returned Projects FY11 OME Annual Entitlement FY11 Anticipated HOME Program Income HO E Uncommitted/Returned Projects $10,625.00 $10,000.00 $8,332.00 10,000.00 00 CDBG Subtotal HOME Subtotal FY11 TOTAL $3,177.00 $2,888.00 $2,625.00 $2,610.00 105,000.00 116,300.00 $67,799.00 $157,438.00 $225,237.00 $2,007,241.00 $722,192.00 $65,000.00 $155,665.00 $942,857.00 $677,991.00 $90,000.00 $336,393.00 1,104,384.00 ~ ,047,241.00 CDBG Funds Una/locafed: Prepared by: Tracy Hightshoe, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-265 RESOLUTION ADOPTING IOWA CITY'S CITIZEN PARTICIPATION PLAN 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 (HUD) requires the City of Iowa City, Iowa, to prepare and submit a Citizen Participation Plan to meet HUD's basic requirements for citizen participation in preparing the Consolidated Plan (a.k.a. CITY STEPS), Annual Action Plan, any substantial amendments and the Performance Report; in accordance with Section 104 (a) of the Housing and Community Development Act of 1974, codified at 42 U.S.C. Section 5304 (a) and 24 CFR Part 91.105; and WHEREAS, the Iowa City Housing and Community Development Commission held a public meeting regarding the Citizen Participation Plan; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the Citizen Participation Plan; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Citizen Participation Plan and its submission to the U.S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Citizen Participation Plan, filed in the office of the City Clerk, attached hereto, is hereby approved and adopted. 2. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Citizen Participation 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 Citizen Participation Plan. Resolution No. 10-265 Page 2 Passed and approved this lothday of May, 2010. /~;.~1~- MAYOR f _ ;. ~_~ ~r ATTEST: . J CIT LERK City Attorney's Office It was moved by Wr~ht and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: X X ~_ ~_ X ~- ABSENT: Bailey ~_ Champion Dickens Hayek Mims Wilburn Wright CITIZEN PARTICIPATION PLAN for the Iowa City Consolidated Plan (a.k.a CITY STEPS) TABLE OF CONTENTS I. Introduction .............................................2 .................................................. II. Development of Consolidated Plan and Annual Action Plans ...................2 III. Amendments to CITY STEPS and Annual Action Plans ...........................3 IV. Performance Reports ................................................................................4 V. Citizen Access ............................................................................................4 Outreach Efforts .............................................................................4 Public Meetings ..............................................................................5 Public Hearings ..............................................................................6 Information and Records Availability ..............................................7 Technical assistance ......................................................................8 Activity Promotion ...........................................................................8 VI. Complaints ................................................................................................8 VII. Amendments to Citizen Participation Plan ................................................9 VIII. Section 108 ...............................................................................................9 1 Section I. Introduction This CITIZEN PARTICIPATION PLAN (the "Plan") is a revision of a plan adopted by the City of Iowa City, Iowa (the "City") on December 4, 2004. This Plan shall provide for and encourage citizens to participate in the development of the Consolidated Plan (a.k.a. CITY STEPS) and each Annual Action Plan, any substantial amendments to CITY STEPS or the Annual Action Plan and the annual Performance Report. CITY STEPS and each year's Annual Action Plan guide the City's use of Community Development Block Grant (CDBG), HOME and other federal funds which are made available from the U.S. Department of Housing and Urban Development (HUD). The Performance Report provides an assessment of funds expended and a quantitative analysis of program or project outcomes. The CITY STEPS process shall be integrated into the City's overall yearly goal-setting and budget process and shall provide for citizen access designed to encourage participation by low and moderate income persons, as well as the general public. The Housing and Community Development Commission (HCDC) will play a key role in the citizen participation process. The Commission will hold public hearings, collect comments, and provide forums for the annual review of CITY STEPS. In addition, other groups, such as, the Local Homeless Coordinating Board and the Iowa City Housing Authority will be asked to participate. This document is designed to meet HUD's basic requirements for citizen participation in preparing CITY STEPS in accordance with Section 104 (a) of the Housing and Community Development Act of 1974, codified at 42 U.S.C. Section 5304 (a) and 24 CFR Part 91.105. Section II. Development of CITY STEPS and Annual Action Plans The Housing and Community Development Commission will hold a series of public meetings during the development of CITY STEPS and/or Annual Action Plan that would include identification of community housing and non-housing needs, prioritization of needs, strategy development to meet identified needs and budget recommendations to implement those strategies. Citizen access opportunities, as identified in Section V of this Plan, shall be utilized to increase participation in the development of CITY STEPS. The Housing and Community Development Commission will hold at least one meeting annually to provide information regarding CITY STEPS, priorities, and proposed activities to citizens and to allow citizen input regarding the City's community development needs. Citizens may propose amendments to CITY STEPS. A summary of the CITY STEPS draft and Annual Action Plan shall be published in one or more newspapers of general circulation. Prior to the City Council public hearing, 2 "draft" copies of the Plan will be available for review. The complete document shall be available for review as outlined in Section V of this Plan. The City shall provide no less than a 30-day public comment period before final action by the City Council. Prior to adoption of CITY STEPS and the Annual Action Plan, the City Council will hold a public hearing. Any public comments received during the comment period or at the public hearings shall be considered and shall be summarized and attached to CITY STEPS and/or Annual Action Plan prior to submission to HUD. This shall include a summary of any comments or views not accepted and the reasons therefore. Section III. Amendments to CITY STEPS and Annual Action Plans Amendments to CITY STEPS and Annual Action Plan shall be required whenever the City seeks to: a) make a change in its allocation priorities or a change in the method of distribution of funds; b) carry out an activity, using funds from any program covered by CITY STEPS (including program income), not previously described in the Annual Action Plan; or c) change the purpose, scope, location or beneficiaries of an activity. Amendments shall be categorized as "substantial" or "non-substantial". "Substantial" amendments shall mean: • Change in Purpose: if any activity changes with respect to the objectives as originally described in CITY STEPS; • Change in Scope: if the scale and/or nature of the activity changes to the extent that there is a significant increase or decrease in funds budgeted for the activity. For activities with an original allocation of $50,000 or more, an amendment to the applicable Annual Action Plan is required if the change in scope exceeds $50,000 or 25% of the original budget allocation, whichever is less. • Change in Location: if the originally approved project is "neighborhood specific" or in a designated urban revitalization area (e.g. elimination of slum and blight) and the project location is changed to an area outside of its census tract; and Change in Beneficiaries: if the number of Low to Moderate Income persons or number of units being assisted decreases by 25% or more. All other amendments shall be considered "non-substantial". Non-substantial amendments may be approved administratively by the City Manager. Changes in financial terms shall be reviewed and approved by the City Manager. At the City Manager's discretion, he/she may request the Housing and Community Development Commission to provide a recommendation to Council for consideration and approval. In the case of substantial amendments, the Housing and Community Development Commission shall review and forward a recommendation to the City Council. The City Council shall, following a 30-day public comment period, hold a public hearing as outlined in Section V of this Plan. The City Council shall approve any amendment by Resolution prior to submission to HUD. Amendments shall be submitted to HUD as each occurs or at the end of the program year. Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the substantial amendment prior to submission to HUD. This shall include a summary of any comments. or views not accepted and the reasons therefore. Section IV. Performance Reports A Performance Report identifies the final budget expenditure and performance results for each Annual Action Plan activity from the currently completed program year and any outstanding activities from prior program years. Performance Reports shall be submitted to HUD within 90 days after the close of the City's CDBG/HOME program year. The City's program year corresponds to the City's fiscal year which runs from July 1 to June 30 of each year. A Performance Report shall be submitted to HUD by September 30. Prior to submission to HUD, the Housing and Community Development Commission shall, following a 15 day public comment period, hold a public hearing as outlined in Section V of this Plan. Any public comments received during the comment period or at the public hearing shall be considered and shall be summarized and attached to the Performance Report prior to submission to HUD. Section V. Citizen Access Outreach Efforts The City is committed to making reasonable and timely access to the needs assessment, strategy development and budget recommendation process of CITY STEPS possible for all members of the community, especially low and moderate income persons. The following outreach efforts are illustrative of measures that may be taken as appropriate to provide citizen access to the CITY STEPS process. Failure to use any one of these shall not be considered a violation of this Plan. Mailing List (including electronic mailing lists): Develop a comprehensive mailing list of interested parties, adjacent local governments, religious organizations and public and private agencies that provide affordable housing, assisted housing, economic development, business assistance, health services and social services and use to send summary information, public hearing or comment period notices. 4 Targeted Survey: Survey service providers, community agencies and key informants prior to CITY STEPS or Annual Action Plan development for information regarding community needs, existing services to meet those needs and their assessment of any gaps in meeting those needs, including new strategies to address outstanding needs. City Government Channel: Create and run public service announcements about the CDBG and HOME programs and the CITY STEPS process to inform, educate and promote citizen participation. Neighborhood Organizations: Invite neighborhood groups to participate and to coordinate with their own neighborhood planning and implementation efforts. Iowa City Housing Authority: Invite public housing residents and Section 8 Voucher holders to participate in CITY STEPS development and implementation. Community Development Week: Use this national recognition week to promote local success stories related to CDBG, HOME and other community development funding. This may include awards, special project open houses, keynote speakers and neighborhood walks with City Council members or other promotion activities. All Media: Use media releases about the CITY STEPS process and citizen participation opportunities throughout the CDBG/HOME program year. City Website: Use this electronic format to publicize public hearing participation opportunities and to highlight CITY STEPS development, implementation and monitoring process (www.icgov.org). Public Meetings The Housing and Community Development Commission shall hold regular monthly public meetings at City Hall, Lobby Conference Room, 410 E. Washington Street, Iowa City, Iowa 52240, unless otherwise determined and proper notice given. Notice of public meetings shall be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 410 E. Washington Street, Iowa City, IA 52240. The agenda shall also be available online at www.icgov.org. Minutes shall be taken of all public meetings and shall be available for public review at the Planning and Community Development Department, 410 E. Washington Street, Iowa City, IA 52240 during regular working hours. Minutes shall also be available online at www.icgov.org. 5 Special Accommodations: A. Non-English speaking persons or persons with hearing impairments can be provided an interpreter at public meetings, if a request is made at least seven (7) days prior to the scheduled meeting date. B. Language Line, an over-the-phone interpreter service, has been created to translate English into more than 140 languages and is available 24 hours a day, seven (7) days a week. C. Special accommodations will be made available for persons with physical disabilities at public meetings, if request is made at least (7) days prior to the scheduled meeting date. Meetings will always be held at an accessible site. Public Hearings The Housing and Community Development Commission and the City, Council shall hold public hearings as required by the CITY STEPS process, at times and locations appropriate and convenient for maximum public participation. The Commission shall attempt to hold these hearings at their regularly scheduled meeting time and place. Alternate dates, times and locations may be used as necessary. Notice of all public hearings shall be published in a paper of general circulation not more than twenty (20) nor less than ten (10) days prior to the date of the hearing. The notice shall include the time, day and date of the hearing, its location, a general statement regarding its purpose and any other more specific information required by CITY STEPS, Annual Action Plan, amendments or Performance Report. Notices shall also be sent to all media in accordance with the Iowa Open Meetings Law and shall be posted on the City Clerk's Bulletin Board located on the First Floor of City Hall, 410 E. Washington St., Iowa City, IA 52240. The agenda shall also be available online at www.icgov.org. Minutes shall be taken of all public hearings and shall be available for public review at the Planning and Community Development Department, 410 E. Washington Street, Iowa City, IA 52240 during regular working hours. Minutes shall also be available online at www.icgov.org. Special Accommodations: A. Non-English speaking persons or persons with hearing impairments can be provided an interpreter at public hearings, if a request is made at least seven (7) days prior to the scheduled meeting date. B. Language Line, an over-the-phone interpreter service, has been created to translate English into more than 140 languages and is available 24 hours a day, seven (7) days a week. C. Special accommodations will be made available for persons with physical disabilities at public hearings, if request is made at least (7) days prior to the scheduled meeting date. Meetings will always be held at an accessible site. 6 Information and Records Availability CITY STEPS [as proposed, adopted or amended], Annual Action Plan, Performance Reports and this Citizen Participation Plan shall be available in print format for public review during regular working hours at the following locations: Planning and Community Development 410 E. Washington Street Iowa City, IA 52240 319.356.5230 Iowa City Public Library Reference Desk 123 S. Linn Street Iowa City, IA 52240 319.356.5200 These documents are also available online at www.icgov.org/commdev under Documents and Resources. The Community Development Department has additional information available for public review in print format during regular working hours and includes: a) amount of assistance the City expects to receive (including grant funds and program income); b) the range of eligible activities that may be undertaken; c) the estimated amount of funds anticipated to benefit low and moderate income persons; d) the adopted Uniform Relocation Act which regulates public responsibility and actions associated with the displacement of persons resulting from aHUD- funded project; and e) records relating to CITY STEPS, Annual Action Plan and the City's use of assistance during the preceding five (5) years. This information shall be provided in a format accessible to persons with disabilities, upon adequate notice. Requests for additional information may be made to the Community Development Coordinator at the address and phone listed above. A response shall be provided within fifteen (15) working days of receipt of the request, where practicable. Summary materials regarding CITY STEPS, Annual Action Plan, amendments and Performance Reports shall be available without charge. 10 free copies of CITY STEPS will be made available. One free copy will be provided to each individual or organization requesting said copy until the supply is exhausted. Photocopier charges and miscellaneous charges for other related services and materials shall be assessed in accordance with the City's Open Records Policy. 7 Technical Assistance Technical assistance shall be provided to groups representative of persons of low and moderate income that request such assistance in developing proposals for funding under any of the activities covered by CITY STEPS. The level and type of assistance provided shall be on a case-by-case basis as determined by the City Manager or his or her designee and shall be subject to budgeted resources authorized by the City Council. Activity Promotion After the adoption of each Annual Action Plan by the City Council, activities funded in the plan shall be actively promoted to ensure full access to and utilization of funds as budgeted. The Community Development Department shall have primary responsibility for activity promotion; however, other City departments and subrecipients shall be responsible for ensuring reasonable and timely promotion and access to the projects, programs and services made possible by CDBG, HOME and other HUD funding. Section VI. Complaints Complaint Procedure Citizen complaints related to CITY STEPS, Annual Action Plan, amendments and/or Performance Report shall be handled in the following manner: a) The Community Development Coordinator shall accept complaints at any time during the course of the CDBG/HOME program year. Although verbal complaints will be accepted, only written complaints will be responded to in writing. b) Written complaints shall contain a concise statement of the complaint and an explanation of the action desired. c) Complaints shall be investigated and responses to written complaints shall be made within fifteen (15) working days, where feasible, after a complaint is received. d) Copies of the complaint and the response shall be forwarded to the City Manager. With limited exception, written complaints and the staff response to said complaints are open records under Iowa law. Should the complainant not be satisfied with the response, the aggrieved person(s) may submit a complaint to the HUD Omaha Field Office at US Department of HUD, Edward Zorinsky Federal Building, Suite 329, 1616 Capitol Avenue, Omaha, NE 68102-4908. Section VII. Amendments to Citizen Participation Plan This Plan may be amended by Resolution of the City Council as necessary or appropriate after review and recommendation by the Housing and. Community Development Commission. All amendments shall be consistent with the requirements of HUD. Section VIII. Section 108 SECTION 108 LOAN PROGRAM Applications for assistance filed by the City for Section 108 loan guarantee assistance authorized under HUD regulation 24 CFR Part 570, Subpart M, are subject to all provisions set forth within this Citizen Participation Plan. Such applications for Section 108 loan guarantee assistance may be included as part of the process for obtaining CDBG/HOME Entitlement funds, or may be undertaken separately anytime during the program year. The required public hearing to inform citizens of program requirements will be carried out by the City's Community Development department. 9 Prepared by: Tracy Hightshoe, Community Dev. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5230 RESOLUTION NO. 10-266 RESOLUTION ESTABLISHING FUNDS FOR THE HOUSING REHABILITATION PROGRAM, ECONOMIC DEVELOPMENT ACTIVITIES, AND AID-TO-AGENCIES THROUGH THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit a Consolidated Plan for the coordinated use of federal, state and local funds to assist lower income residents with housing, jobs and services; and WHEREAS, the City is a recipient of Community Development Block Grant (CDBG) funds granted by HUD under Title I of the Housing and Community Development Act of 1974, as amended, and HOME Investment Partnerships Program (HOME) funds under the 1992 National Affordable Housing Act, as amended; and WHEREAS, the City of Iowa City supports the efforts of the Housing Rehabilitation Program to assist owner-occupied properties and maintain the local base of affordable housing; and WHEREAS, the City of Iowa City encourages micro-enterprise development and financial assistance to businesses that create jobs for low-moderate income residents; and WHEREAS, the City of Iowa City supports human service agencies that provide services to low-income residents; and WHEREAS, the City of Iowa City has set aside CDBG and HOME funds to support these activities for many years and the funds should be included in one resolution and not specifically tied to the Consolidated Plan such that a new resolution needs to be approved every five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. Housing Rehabilitation. The City of Iowa City hereby approves the establishment of a CDBG housing rehabilitation revolving loan fund. The CDBG/HOME set-aside for the Housing Rehabilitation Program is $200,000 or 13% of the total CDBG and HOME annual allocation, whichever is greater. 2. Economic Development. The City of Iowa City hereby approves the establishment of the CDBG economic development fund. The amount of set-aside for the fund will be 15% of the CDBG entitlement annually. The maximum amount available in the CDBG economic development fund shall not exceed $250,000. The amount set-aside for economic development fund shall be determined at the time applications are made available to the public for the new fiscal year. 3. Aid to Agencies. The City of Iowa City hereby approves the establishment of the CDBG Aid to Agencies fund. The amount set-aside for the fund will be $105,000 in CDBG funds, if available under the public services cap, annually. Resolution No. 10-266 Page 2 Passed and approved this t i~ th day of ~ra~_ , 2010. ATTEST: CITY RK MAYOR City Attorney's Office It was moved by Wright and seconded by Dickens the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Bailey X Champion X Dickens X Hayek X Mims X Wilburn x Wright r ~,_„--.®~ C1TY OF (OWA CIT 15 . ,~®,~-~ RA ~ D Ca ~~~o Date: April 30, 2010 To: City Council From: Steve Long, Community Development Coordinator Re: Consider a resolution to set-aside CDBG and HOME funds to certain activities (Council earmarks) Each year the City receives Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds as an entitlement community through the U.S. Department of Housing and Urban Development (HUD). Through past resolutions or long-term practice the Council has directed Community Development staff to direct a certain amount or a percentage of the funds to specific activities, or what staff calls Council earmarks. These activities include the Iowa City Housing Rehabilitation Program, Aid to Agencies and Economic Development Fund. Housing Rehabilitation and Economic Development set-asides were approved by prior Council resolutions. The Economic Development set-aside expires on June 30, 2010 at the end of the current 5-year Consolidated Plan (2006-2010 CITYS STEPS). Aid to Agencies provides operational funds to local human service agencies. Since at least 1994, $105,000 in CDBG funds have been combined with general and utility funds to assist local agencies. Staff has placed all three earmarks into one resolution that will direct funds to the aforementioned activities such that a new resolution does not need to be approved every five years. At Council's discretion, these earmarks may be reviewed at any time. At the May 10 meeting, we are asking that you consider approval of the resolution. If you have any questions please feel free to contact me at 356-5230 or at steve- long@iowa-city.org. Cc: Dale Helling Jeff Davidson Brian Richman uo-~ u-~ u Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 10-267 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 , 2010 THROUGH JUNE 30, 2013. 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, 2010, through June 30, 2013, 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 10th day of May , 20~_• ATTEST: ~~ ~~ CIT tERK i2r~l-~- `SCI ~ MAYOR A rov d b ,' /~ ,: ~ '! ~_ _ ityJ,At orney'~Offiq S ~~~~ It was moved by Bailey and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey ~ Champion ~ Dickens _~ Hayek ~_ Mims ~_ Wilburn X Wright /huma nrel/res/firecontract-11-12.doc CONTRACT BETWEEN CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS IAFF, AFL-CIO, LOCAL #610 JULY 1, 2010 TO JUNE 30, 2013 TABLE OF CONTENTS PAG E 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 .................................... ............................................................. 14 Article XV -- Training Programs ........................................ ............................................................. 14 Article XVI -- Bulletin Boards .............................................. ............................................................. 14 Article XVII -- Personnel Transactions .............................. ............................................................. 15 Article XVIII -- Discipline .................................................... ............................................................. 15 Article XIX -- Transfer Procedures .................................... ............................................................. 15 Article XX --Supplemental Employment ........................... ............................................................. 16 Article XXI -- Safety ........................................................... ............................................................. 16 Article XXII -- Grievance Procedure ................................. ............................................................. 17 Article XXIII -- General Conditions .................................... ............................................................. 18 Article XXIV -- Waiver ........................................................ ............................................................. 19 Article XXV -- Savings Clause ........................................... ............................................................. 19 Article XXVI -- Duration ..................................................... .............................................................. 20 Article XXVII -- Wages ....................................................... ..............................................................20 Article XXVIII -- Other Compensation ............................... .............................................................. 21 Article XXIX -- Use of Time Off ......................................... .............................................................. 22 PREAMBLE This Contract is entered into by the City of Iowa City, Iowa, referred to as the "City" and the Iowa City Association of Professional Fire Fighters, I.A.F.F. AFL/CIO, Local 610, referred to as the "Union", for the purpose of promoting harmonious and cooperative collective bargaining between the parties. The parties agree to the following specific provisions: humanrel/unionslfire/fire contract fy1l.doc 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 authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule, evaluate, and retain employees within the operation of the City government and to develop and maintain qualification standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees for just cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. ARTICLE III NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Contract shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Contract. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist. Employees in the bargaining unit, while acting in humanrel/unions/fire/fire contract fy11.doc 'Z 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 any one week. Sworn personnel of the Fire Department bargaining unit will work in twenty-four (24) hour shifts, except such members as assigned to other special shifts by the Chief. An adjustment in benefits will be made for employees who are assigned to other than fifty-six (56) hour week. Section 2. Temporary variations in shift assignment or changes in days on and off may be made upon twenty-four (24) hours notice. No prior notice is required to change schedules in an emergency or in the case of inclement weather. humanreUunions/fire/fire contract fy1'Ldoc 3 Section 3. Trading 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. Staffing. The Chief has sole discretion to determine the number of people who take time off in any rank as well as the level of staff for the Fire Department. Section 5. Pay outside of classification. If an acting temporary appointment out of rank is made by the Fire Chief for a 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'/2) 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. humanrel/unions/firelfirecontract fylt.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 Duty. 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: 56 hours/40 hour = 1.4 Annual hours worked: 2912 hours/2080 hours = 1.4 Holiday time: 135 hours/96 hour = 1.4 If an employee terminates while on a 40 hour work week schedule, their benefit payout will be calculated on a 56 hour benefit schedu-e, 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 orhis/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 pay or by compensatory time off, such policy will be declared by written notice to the bargaining unit. Upon termination the employee will be paid for all remaining compensatory time. If an emergency situation occurs, as determined by the humanrel/unions/fire/fire contract fy11.doc 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 IniuN. In the event of a temporary and disabling injury or disease of an employee while at work, the City shall provide a leave of absence with pay, provided the injury or disease is incurred in or aggravated by the actual performance of duty at some time or place. The City shall bear any and all costs for treatment of such injury or disease. The City's Medical Advisor shall make the initial judgment on whether time off work is required by the injury or disease. The allowance provided by this Section shall be administered consistent with the provisions of Chapter 411 of the Code of Iowa. Section 2. Funerals. An employee will be granted a maximum of two (2) shifts per incident as determined by the Chief with no loss of compensation to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, stepparent, sister, brother or grandparent. An employee will be granted up to one (1) shift per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparent-in-law, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In-law relationships referred to herein shall include such relationships through a domestic partner as 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 Pay. A leave of absence without pay is a predetermined amount of time off work, which has been requested by the employee, recommend- ed by the Fire Chief and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that, during that period, if the nature of operations has changed so that similar work does not exist the employee may apply for vacancies in related areas or other vacancies at the City for which the humanrel/unions/fire/fire contrail fytl.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: cannot pay retirement contributions if the leave exceeds one month in duration; b. shall not receive any other accruals orjob 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: 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. Jury Duty. An employee summoned for jury duty shall notify the City so that a request to the Court in writing may be made to excuse the employee because of the nature of fire suppression activities. In the event that no such request is made by the City or that the employee is not excused, the employee shall receive his/her regular compensation from the City for all humanrel/unionslfire/fire contract fy1 t.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. Military Leave. The City will comply with the Code of Iowa on military leave. Section 7. Pregnancy Leave. A pregnant employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Fire Chief prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present a doctor's statement as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion, the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. 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. humanreVunions/fire/fire contract fyt 1.doc Section 4. In lieu of overtime pay for working on a holiday, a payment of $350 ($35.00 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 earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will not accrue while an employee is receiving pension compensation on any basis or on an unpaid leave of absence except a temporary occupational disability. Employees on temporary occupational disability leave shall continue to accrue sick leave during the first ninety (90) days of such leave. Upon retirement, the City shall pay for one-half (1/2) of the accumulated sick leave on the basis of the employee's current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Section 2. Use of Sick Leave. a. An hour of accumulated sick leave shall be used for each hour an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the job injury; (2) 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. humanreUunionsttire/fire contract fylldoc 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 pay or work for another employer for pay is expressly forbidden. A waiver of this provision shall be given if the employee presents evidence from his/her physician to the satisfaction of the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Section 6. Sick Leave Bank. a. Permanent employees in the bargaining unit may. apply to the Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (2160 hours or 90 shifts) at the rate of 5.54 hours per pay period. The City does not formally maintain a bank balance; however, the City acknowledges that sufficient hours exist in the bank to cover all requests. Contributing to the Bank does not guarantee an automatic loan from the Sick Leave Bank. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash, except for those cases where the joint City- Union committee may waive such payback due to the death or permanent disability of the employee. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the entire unit and will develop policies to protect against abuse by individuals. humanrel/unions/fire/f re contract fyl t.doc 10 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: Length of Service Hours Per Month Hours Per Year 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 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 turn. Unless an employee expresses his/her choice within two shifts, he/she will be considered to have forfeited a turn. The Battalion Chief and the Union representative will monitor the procedure for choice of vacations. Section 3. Payment of Accumulation. Upon resignation or retirement after six (6) months of continuous service, an employee is eligible for payment of not more than two hundred eighty-eight (288) hours of accumulated vacation leave at the current base rate of pay. ARTICLE XI UNION ACTIVITIES Section 1. Union Meetings. 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. humanrel/unionslfre/f re contract fyll.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. Negotiations. 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 humanrel/unions/fte/fire contract fyl l.doc '~'L Turn 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. 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 will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: twenty dollars ($20.00) per month for single coverage and sixty dollars ($60.00) per month for family coverage in FY11; forty dollars ($40.00) per month for single coverage and sixty dollars ($60.00) per month for family coverage in FY12; and sixty dollars ($60.00) per month for single or family coverage in FY13. A pro rata share of the cost of the premium will be paid for part-time employees. A description of the provisions of the negotiated "Iowa 500" plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500." Up to three (3) Union representatives may attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article XXII. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500." If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500" plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual humanreUunions/fre/frecontract fy1l.doc 13 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. 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. humanrel/unions/fre/f re contrail fyl1.doc 14 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 f'~ISCIPI INF Section 1. Purpose. All parties of this Contract recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions 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. Voluntary Transfers. An employee desiring to transfer to another battalion may make written application to the Fire Chief. The Chief will review the request and will consider the ability and experience of the member, the nature and type of work to be performed within the battalion, and the rank and seniority of the members and the need for personnel having certain qualifications within the battalion. Special consideration by the Chief will be given for emergency humanrel/unions/fire/fire contract fy1'Ldoo 15 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. ARTICLE XXI SAFETY Section 1. The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that fire fighting is a hazardous activity which subjects an individual to more risks than other employment or activities. Section 2. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear as required by law. Employees will use property and equipment of the City with due care appropriate to the work performed and equipment used. Section 3. Employees who operate equipment shall report any defect noticed by him/her in said equipment to the immediate supervisor as soon as possible. Section 4. Health and Safety Committee. A health and safety committee composed of representatives of the City and the Union will act as advisors and make recommendations to the Fire Chief in the area of health and safety. Their duties shall include but not be limited to: a. Conducting health and safety lectures as needed. b. Investigation of accidents and injuries and making recommendations to the Fire Chief on steps to take to prevent a recurrence. c. Monitoring of the testing of apparatus and equipment (testing procedures outlined in applicable NFPA Standards). d. Conduct safety checks in all stations and forward results to Fire Chief. e. Conduct Committee meetings quarterly (if needed) to discuss Health and Safety and related topics. Section 5. Drug Testing. 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). humanreUunions/fire/f re contract fyll.doc 16 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 any one grievance. The representative may use a reasonable amount of duty time to investigate grievances providing that the Battalion Chief gives permission for time to be used and provided that the grievance resolution does not interrupt regular fire department work. Section 4. An employee shall use this procedure for the resolution and determination of disputes which arise under the terms of this contract. The Grievant does not lose legal rights by initiating a grievance under this procedure. However, if the Grievant elects to proceed beyond Step 3 of the Grievance Procedure the 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 humanrel/unions/fire/fire contract fyl l.doc '~ 7 submit the grievance to the City Manager or his/her designee within seven (7) calendar days of the completion of Step 2. The City Manager will investigate and respond to the grievant within fourteen (14) calendar days following receipt of the grievance at Step 3. The City Manager will meet with the grievant and his/her representative if such meeting is requested in writing. Section 6. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the City within seven (7) calendar days following receipt of the City Manager's response at Step 3. Copies of any such request by an employee will be furnished to the City and to the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators. Both the City and the Union shall have the right to strike two names from the panel. A coin toss will determine who strikes the first name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Contract but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of the hearing will be conducted in a manner consistent with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the right to record the evidence presented at the arbitration hearing. Arbitration hearings shall be closed to the public and evidence taken shall not be revealed to any third party until such time as the decision of the arbitrator is made unless parties agree otherwise. The cost of arbitration and recording the same shall be divided equally between the parties to this Contract. The cost of a certified court reporter, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of its witnesses. Section 7. Grievance Committee. The Grievance Committee shall consist of three (3) persons designated by the Union as representatives and of not more than three (3) City representatives except by mutual agreement. The names and addresses of the parties selected 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 isjob-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 humanrel/unions/fire/fire contract fyl l.doc 1 the appropriate state or federal forum Section 3. Parking. No fewer than ten (10) parking places in the Civic Center lot will be held in the names of fire bargaining unit members provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged other City employees who park in the Civic Center parking lot. The City will assume no increase in responsibility in administering use of parking permits as a result of this Contract and any disputes over use of the ten permits must be handled by the Union representative. Other fire department members may hold parking permits in accordance with City procedures. Section 4. Grocery Buyer. The grocery buyer for each shift may use a City vehicle if available at times and in areas designated by the Fire Chief. Section 5. Fifty-two (52) copies of the new contract will be provided to unit employees as soon as is practicable. If the Union wants additional copies, the City will provide at cost. Section 6. The City agrees to meet and confer on mandatory items (Chapter 20, Section 9) during the course of this agreement and to notify the Association of significant changes in working conditions as far in advance as is reasonably possible. Section 7. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 8. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss at a Grievance Committee meeting prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. ARTICLE XXIV WAIVER All negotiations or bargaining with respect to the terms and conditions of this Contract shall be conducted by authorized representatives of the Union, Local 610, and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. The expressed written provisions of this Contract will not be modified except by authorized representatives of the parties. The Contract supersedes and cancels all previous agreements between the City and the Union and constitutes the entire Contract between the parties and concludes collective bargaining for its duration. All parties to this Contract waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa for the duration except as amended. ARTICLE XXV SAVINGS CLAUSE Should any Artic-e, 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. humanrel/unions/fire/fire contract fyl l.doc 1 g If replacement provisions are deemed necessary by the Union or the City they shall give notice to the other parry 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, 2010, and June 30, 2013, 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. Effective dates over the next four years are as follows: June 27, 2010 June 24, 2012 June 26, 2011 July 7, 2013 Section 2. The base pay of each step for the Iowa City Fire Department Firefighters, Lieutenants, and Captains will be adjusted as follows: increased by one and thirty-five hundredths percent (1.35%) effective June 27, 2010; the resulting pay plan further increased by one and one- half percent (1.5%) effective December 26, 2010; the resulting pay plan further increased by one and thirty-five hundredths percent (1.35%) effective June 26, 2011; the resulting pay plan further increased by one and one-half percent (1.5%) effective December 25, 2011; the resulting pay plan further increased by one and thirty-five hundredths percent (1.35%) effective June 24, 2012; and the resulting pay plan further increased by one and one-half percent (1.5%) effective December 23, 2012. Copies of the pay plans for FY2011, FY2012, and FY2013 are attached to this agreement as Exhibit A-1 through A-6. 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. humanrel/unions/firelfire contract fyl1.doc 20 ARTICLE XXVIII OTHER COMPENSATION Section 1. There will be a cost of living allowance if and when and to the extent the cost of living exceeds nine percent (9%) during the contract year subject to a maximum pay out of two percent (2%) of an employee's base salary for the quarter in question. The method and basis for computing the allowance will be as follows: a. All computations will be based on changes in the revised Consumer Price Index (CPI-W) published by the Bureau of Labor Statistics, U.S. Department of Labor, Urban and Clerical Wage Earners, U.S. cities, 1967=100. b. The base index month shall be May 2009 for FY10. c. Cost of living computations will be made quarterly to determine the percent difference between the CPI-W for the base index month and for August, November; February, and May of each applicable fiscal year. d. Quarterly cost of living allowance pay adjustments will be made effective the first day of the month following the month in which it is determined that the cost of living has increased in excess of nine percent (9%). However, these quarterly cost of living payments are limited to a maximum of two percent (2%) of an employee's base salary for the quarter in question. Furthermore, any payments made under this Article for the final quarter described in Section (c) shall not be included in the base salary of any employee but shall be paid on a one-time, non-recurring basis. Payments made for the remaining three (3) quarters, if any, shall be included in the employee's base salary. No cost of living adjustment will have the effect of reducing the salary schedules set forth in Article XXVIII, Compensation of this Agreement. Section 2. Longevity Pay. A payment will be made to permanent full-time employees as of December 1 of each fiscal year to reflect years of service with the City according to the following schedule: Length of Service on December 1 FY10 5 years 1 day - 10 years $365.00 10 years 1 day - 15 years 540.00 15 years 1 day - 20 years 690.00 20 years 1 day - 25 years 840.00 25 years 1 day+ 1,090.00 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 humanrel/unionsmre/fire contract fytl.doc 21 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. Section 5. Each full-time bargaining unit employee who is duly certified as a Hazardous Materials Technician as of the first day of the contract benefit period as defined by Article XXVII shall receive payment on the second paycheck in each fiscal year according to the following schedule: fifty dollars ($50.00) in FY2011, one hundred dollars ($100.00) in FY2012, and one hundred fifty dollars ($150.00) in FY2013 and thereafter. ARTICLE XXIX USE OF TIME OFF Current policies governing the use of holiday, compensatory and vacation time will apply uniformly on a departmental basis. Once holiday, compensatory and vacation time is approved and scheduled, its use shall not be denied except: In emergency situations. 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. CITY OF IOWA CITY, IOWA By, /'~~1-~- 0 MAYOR By: ASSISTANT ANAGE ATTEST: IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS, IAFF, AFL-CIO, LOCAL #610 By: By: Date: ~ ~' 2® f humanrel/unions/fire~re contract fyll.doc 22 Date: -~.~~~ /, aDID Exhibit A-1 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY11 EFFECTIVE JUNE 27, 2010 1 2 3 6 MO. 12 MO. 14.96 15.55 16.32 1675.52 1741.60 1827.84 43563.52 45281.60 47523.84 19.38 20.29 2170.56 2272.48 56434.56 59084.48 21.12 22.09 2365.44 2474.08 61501.44 64326.08 29.57 30.93 2365.60 2474.40 61505.60 64334.40 32.23 33.72 2578.40 2697.60 67038.40 70137.60 4 24 MO. 16.90 1892.80 49212.80 5 36 MO. 17.71 1983.52 51571.52 6 48 MO. 18.47 2068.64 53784.64 Exhibit A-2 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY11 EFFECT IVE DECEMBER 26, 2010 1 2 3 6 MO. 12 MO. 15.18 15.78 16.56 1700.16 1767.36 1854.72 44204.16 45951.36 48222.72 19.67 20.59 2203.04 2306.08 57279.04 59958.08 21.44 22.43 2401.28 2512.16 62433.28 65316.16 30.02 31.40 2401.60 2512.00 62441.60 65312.00 32.71 34.22 2616.80 2737.60 68036.80 71177.60 4 24 MO. 17.15 1920.80 49940.80 5 36 MO. 17.97 2012.64 52328.64 6 48 MO. 18.74 2098.88 54570.88 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAI N 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY12 EFFECTIVE JUNE 26, 2011 1 2 3 6 MO. 12 MO. 15.39 15.99 16.79 1723.68 1790.88 1880.48 44815.68 46562.88 48892.48 19.93 20.87 2232.16 2337.44 58036.16 60773.44 21.73 22.73 2433.76 2545.76 63277.76 66189.76 30.42 31.82 2433.60 2545.60 63273.60 66185.60 33.15 34.69 2652.00 2775.20 68952.00 72155.20 4 24 MO. 17.38 1946.56 50610.56 5 36 MO. 18.21 2039.52 53027.52 Exhibit A-3 6 48 MO. 19.00 2128.00 55328.00 Exhibit A-4 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY12 EFFECT IVE DECEMBER 25, 2011 1 2 3 6 MO. 12 MO. 15.64 16.23 17.04 1751.68 1817.76 1908.48 45543.68 47261.76 49620.48 20.23 21.19 2265.76 2373.28 58909.76 61705.28 22.05 23.07 2469.60 2583.84 64209.60 67179.84 30.88 32.30 2470.40 2584.00 64230.40 67184.00 33.65 35.21 2692.00 2816.80 69992.00 73236.80 4 24 MO. 17.64 1975.68 51367.68 5 36 MO. 18.49 2070.88 53842.88 6 48 M O. 19.28 2159.36 56143.36 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY13 EFFECTIVE JUNE 24, 2012 1 2 3 6 MO. 12 MO. 15.83 16.45 17.27 1772.96 1842.40 1934.24 46096.96 47902.40 50290.24 20.51 21.47 2297.12 2404.64 59725.12 62520.64 22.35 23.38 2503.20 2618.56 65083.20 68082.56 31.30 32.73 2504.00 2618.40 65104.00 68078.40 34.11 35.68 2728.80 2854.40 70948.80 74214.40 4 24 MO. 17.88 2002.56 52066.56 5 36 MO. 18.74 2098.88 54570.88 Exhibit A-5 6 48 M O. 19.54 2188.48 56900.48 Exhibit A-6 35 FIREFIGHTER 36 FIRE LIEUTENANT 37 FIRE CAPTAIN 38 FIRE LIEUTENANT/TRAINING 39 FIRE CAPTAIN/INSPECTOR FIRE PAY PLAN - FY13 EFFECT IVE DECEMBER 23, 2012 1 2 3 6 MO. 12 MO. 16.07 16.70 17.53 1799.84 1870.40 1963.36 46795.84 48630.40 51047.36 20.81 21.79 2330.72 2440.48 60598.72 63452.48 22.69 23.73 2541.28 2657.76 66073.28 69101.76 31.77 33.22 2541.60 2657.60 66081.60 69097.60 34.62 36.22 2769.60 2897.60 72009.60 75337.60 4 24 MO. 18.15 2032.80 52852.80 5 36 M0. 19.02 2130.24 55386.24 6 48 M O. 19.83 2220.96 57744.96 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 co-payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds the out of pocket maximum per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs -and rates - in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient • Semi-private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Home and office visits • One routine annual physical exam • Pre-natal and post-natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90110 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies • Services provided by a Registered Nurse • Services prescribed by a physician humanrel/unions/f re/fire contract fyt l.doc 23 THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a contract deductible per calendar year • Prescriptions Nursing Services • Anesthetics Private-duty nursing services Blood plasma • Casts Ambulance • Crutches Air • Durable medical equipment Ground • Other supplies when ordered by a physician DEDUCTIBLES AND CO-PAYMENT • Hospital -The Subscriber is responsible for the first two days of semi-private room and board. Per Hospital Admission. • Physician -The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services -The Subscriber first pays the deductible per contract per calendar year ($200 in 2011, $350 in 2012, and $500 in 2013 and thereafter) for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. if the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. (Outpatient treatment for nervous and mental conditions is paid 90/10 co- payment until the $10,000 Lifetime Maximum is met. Copayment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum.) CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Services Services Covered Services $200 deductible (eff. 1/1/11) $350 deductible (eff. 1//12) 1 or 2 day deductible 90%/10% $500 deductible (eff. 1/1/13) 90%/10% until out of pocket maximum Out of Pocket Maximum: $650 (eff. 1/1/11) $800 (eff. 1/1/12) $1000 (eff. 1/1/13) IOWA 500 PAYS 100% of Covered Services humanreUunions~re/fire contract fyll.doc 'Z4 Summary of Benefits DELTA DENTAL COVERAGE Dsha Dental Plan of Iowa coverage not only pn~vide: a variety of benefits but also encoursgas timely and eAectiw dernal maintenance. Mon than 80'~G of the dentists in Iowa particip#te in the Dblta.Dental program. Delta Dental payment is based on, Usual, Customery and Reasonable allowanc;ss, subject to deductible irid copeyment pro~- sions of the program. " Your Delta Dental program includes a 'medical necessity' provision which ensuros coverage for dental services provided within genecaily accepted dental practices. Like Blue Cross and Blue Shield of Iowa, the Delta :Dental Pian n3ceives daims directly from partiapating dentists. And we ,pay them: . directly for you. That sliminatss daims-handlir~ criores.for yflu ahd your employees -and saves valuable time and.mon~ " To provide a pn~gram to meet your compan~/'s needs, Delia Dental Plan benefits are available with deductibles, copayments entt maxi- " mum payment allowances for covered serricas: Thew benefits am combined to meet your needs: Prsverttive Mainbnance benefit inductee: • Routine checkups at six-month' intervals including bitewing x-rays at 12-month intervals. • Teeth deaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. o Orat surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal .fillings. • Non-surgical treatment for gum diseases. Delta Dental Plan of bwa ~..o„:.- L.. tM Delta Dental Plan of lows RATE QVOTAT10tV PLAN II Program Be~efns Q Preventive Maintenance ® Routing Restorative © Major Restorative ^ Dental Prosthetics ^ Periodontics o.ductlbl. Slnpla/famify l/lnrwal~ S • _ s 25/75 «- S - S S ^ Orthodontics ~ S ^ Dependents to age ^ Full-time students ^ Adults Program Maximums Single S 500. per year ~~~ - x 50 ~ 5_ ~6 ._ ~ '~6 Family S 500 per member, per year Lifetime benefit maximum on Orthodontics S Program Rates Single S ~ per month Family S . per month These rates guaranteed for ~? months beginning on 7-1-85 cans if purchased by 7-1-85 lean! 'Rates quoted here arc based upon census information provided and acquiring and maintaining a min' (mum enrollme ~ of 905: of tool eligibte~employees for the duration of the contract. Authorized} n ive Date This is a general iption of coverage. h is not a statement of contract. Actual coverage is wbject to the terms and conditions speafied in the contract itseN and enrollment reputations in force when the cantrsct becomes sfteaive. r+an ~ a~a4 z~ meta Dental P18n Of {OMIa 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: 56 hours/40 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40 hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56 hour benefit schedule, at the 56 hour work week rate. The annual salary for a Lieutenant in the Training/Public Education assignment will be the equivalent of pay grade 37, with the hourly rate adjusted to reflect a 40 hour work week. (Shown in the Pay Plan as grade 38.) Pay Plan Step 1 Step 2 FY11 29.57 30.93 (6/27/10) 2365.60 2474.40 61505.60 64334.40 FY11 30.02 31.40 (12/26/10) 2401.60 2512.00 62441.60 65312.00 FY12 30.42 31.82 (6/26/11) 2433.60 2545.60 63273.60 66185.60 FY12 30.88 32.30 (12/25/11) 2470.40 2584.00 64230.40 67184.00 FY13 31.30 32.73 (6/24/12) 2504.00 2618.40 65104.00 68078.40 FY13 31.77 33.22 (12/23/12) 2541.60 2657.60 66081.60 69097.60 A Lieutenant with this assignment would be placed at the same step he/she held in grade 36. He/she would be eligible fo r increases in accordance with ARTICLE XXVII WAGES Section 2. 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, 2010 to June 30, 2013. By: Date: ~~ ~~ /~ humanrel/unionsffire/fy11/trainingoff side-Itr.doc IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL #610 By: President Date: ~ ~ ~ I CITY OF IOWA CITY 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 By: Date huma 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: 56 hours = 1.4 Annual Hours Worked: 2912 hours/2080 hours = 1.4 Holiday Time: 123 hours/88 hours = 1.4 If an employee assigned to a 40-hour schedule terminates employment while on this schedule, his/her benefit payout will be calculated on a 56-hour benefit schedule, at the 56-hour work week rate. The annual salary for a 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. (Shown in the Pay Plan as grade 39.) Pay Plan Step 1 Step 2 FY11 33.23 33.72 (6/27/10) 2578.40 2697.60 67038.40 70137.60 FY11 32.71 34.22 (12/26/10) 2616.80 2737.60 68036.80 71177.60 FY12 33.15 34.69 (6/26/11) 2652.00 2775.20 68952.00 72155.20 FY12 33.65 35.21 (12/25/11) 2692.00 2816.80 69992.00 73236.80 FY13 34.11 35.68 (6/24/12) 2728.80 2854.40 70948.80 74214.40 FY13 34.62 36.22 (12/23/12) 2769.60 2897.60 72009.60 75337.60 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, 2010 to June 30, 2013. CITY OF IOWA CITY By: Interim City I~tar}y~Ejer Date: S << ~~ IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO, LOCAL 610 By: ~-~[ President Date: ~ /~ ~ I i mgr/asst/unions/fire/FY11/inspector sideletter-agt.doc 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 parti By: Date: mgr/assUunii ~',1. c' 23 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 10-268 _ RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2012. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Iowa City Library Board of Trustees and the American Federation of State, County, and Municipal Employees, Local #183, AFL-CIO, (hereinafter the Union), through their designated bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2010, through June 30, 2012, 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 10th day of May , 2010 ATTEST: n~ ~ ' CIT CLERK MAYOR ,,~ ,~ A probed by /~ ~i~~- ,~J" IX' f City At rney-s Offi 'e ~,t~ )~ / .. T '. { ---`'~ It was moved by Mims and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Bailey X Champion ~_ Dickens _~ Hayek _~- Mims ~_ Wilburn ~_ Wright /humanrel/res/afscme contract -11-12.doc AGREEMENT BETWEEN CITY OF IOWA CITY CITY OF IOWA CITY Iowa Ciry Public Library IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL #183, AFL-CIO :~. ,? f ~'~`' ~~ ~_ ~.,:,.,:~ ;v.;t JULY 1, 2010 TO JUNE 30, 2012 mgr\asstlu n ion s\afscme\I oc 183 a g. doc TABLE OF CONTENTS PREAMBLE ..................................................................................................................... 1 ARTICLE 1 -- RECOGNITION ...................................................................................... .. 2 ARTICLE 2 -- MANAGEMENT RIGHTS ........................................................................ .. 2 ARTICLE 3 -- NO STRIKE--NO LOCKOUT .................................................................. .. 3 ARTICLE 4 -- BULLETIN BOARDS ............................................................................... .. 3 ARTICLE 5 -- BUSINESS AGENTS .............................................................................. .. 3 ARTICLE 6 -- DUES CHECK OFF ................................................................................ .. 3 ARTICLE 7 -- HOURS OF WORK ................................................................................ .. 4 ARTICLE 8 -- OVERTIME .........................................................................................:... .. 6 ARTICLE 9 -- HOLIDAYS .............................................................................................. 10 ARTICLE 10 -- VACATIONS ......................................................................................... 11 ARTICLE 11 --SICK LEAVE ......................................................................................... 12 ARTICLE 12 --SPECIAL LEAVES ................................................................................ 14 ARTICLE 13 -- SENIORITY .......................................................................................... 17 ARTICLE 14 -- DISCIPLINE .......................................................................................... 20 ARTICLE 15 -- INSURANCE ......................................................................................... 21 ARTICLE 16 -- SAFETY ................................................................................................ 22 ARTICLE 17 -- PERSONNEL TRANSACTIONS .......................................................... 23 ARTICLE 18 -- CLOTHING AND EQUIPMENT ........................................................... 24 ARTICLE 19 -- RECOVERY AND REHABILITATION PROGRAM ............................... 24 ARTICLE 20 --GRIEVANCE PROCEDURE .................:............................................... 24 ARTICLE 21 -- PAY PLAN ............................................................................................ 27 ARTICLE 22 -- AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER ..................................................................................................... 28 ARTICLE 23 --GENERAL CONDITIONS ..................................................................... 29 ARTICLE 24 -- DURATION OF AGREEMENT ............................................................. 29 ARTICLE 25 -- SAVINGS CLAUSE .............................:................................................. 29 APPENDICES mgr\assl\unions\afscme\loc 183ag. doc AGREEMENT WITH THE CITY OF IOWA CITY and THE IOWA CITY LIBRARY BOARD OF TRUSTEES WITH JOHNSON COUNTY AREA PUBLIC EMPLOYEES, AFSCME, LOCAL #183 PREAMBLE This agreement is executed by the CITY OF IOWA CITY, Iowa, and the Iowa City Library Board of Trustees, and the Johnson County Area Public Employees, AFSCME, Local #183. Unless otherwise stated, the word "City" will refer to the City and to the Library Board and the employee organization will be called "Union". Throughout this Agreement members of the bargaining unit are referred to as "employees". It is the purpose of this Agreement to promote and ensure harmonious cooperation and understanding between the City and the Union to ensure collective bargaining under the laws of the State of Iowa, as well as applicable ordinances of the City of Iowa City. It is the purpose of the City and the Union to establish salaries and terms of employment consistent with the availability of public funds and with the goals and purposes of the City Charter. The City and the Union jointly pledge their cooperation to work together in the public interest to provide improvement in the effectiveness and efficiency of the services offered to the citizens of Iowa City. The parties agree to the following specific provisions: mgr\asst\unions\afscme\loc~ 83ag. doc ARTICLE 1 RECOGNITION Section 1. The City of Iowa City, Iowa, recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all City of Iowa City employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 2, 1976. Section 2. The Iowa City Library Board of Trustees recognizes the Johnson County Area Public Employees, AFSCME, Local 183, as the sole and exclusive bargaining agent for all Iowa City Public Library Employees except those specifically excluded in Section 3 of this Article. This certification is based on an Order of Certification promulgated by the Iowa Public Employment Relations Board on February 9, 1976. Section 3. Sworn police officers and firefighters as well as all supervisory, confidential and temporary employees and others who are excluded from the laws relating to collective bargaining in Chapter 20 of the current Code of Iowa are excluded from the terms, conditions, or application of this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce or discriminate against any of its employees in connection with their membership in the Union. ARTICLE 2 MANAGEMENT RIGHTS Section 1. Except as limited by the express provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and authority of the City under the laws of the State of Iowa and the City's ordinances. These rights, powers, and authority include, but are not limited to the following: a. To direct the work of its employees. b. To develop, implement and enforce work rules, safety standards, performance and productivity standards. c. To hire, promote, transfer, assign, classify, schedule and retain employees within the operation of the City government and to develop and maintain qualifications, standards and procedures for employment, promotions, and transfers. d. To discipline, suspend or discharge employees forjust cause. e. To maintain the efficiency of the governmental operation and to determine and maintain the nature, scope and definition of City organization. f. To relieve employees from duties because of lack of work, lack of adequate public financing, or for other legitimate reasons. g. To determine the amounts, methods, and procedures for compensating employees and the definition of, necessity for, allocation of, and nature of overtime and the method of compensating overtime. h. To determine and implement the methods, means, tools, locations, equipment, and assignment of personnel by which its operations are to be conducted including but not limited to the right to contract and subcontract work. i. To take such actions as may be necessary to carry out its mission. j. To initiate, prepare, certify and administer its budget. k. To exercise all powers and duties granted to it by law. mgr\asst\u n ion s\afscme\loc 183 ag. d oc ARTICLE 3 NO STRIKE--NO LOCKOUT Section 1. No Strike. No employee covered by this Agreement shall engage in any strike at any City facility or at any location in the City where City services are performed during the life and duration of this Agreement. If any strike shall take place, the Union will immediately notify employees engaging in such activities to cease and desist, and it shall publicly declare that such activity is in violation of this Agreement and is unauthorized. Employees in the bargaining unit, while acting in the course of their employment, shall not refuse to cross any picket line established by any labor organization when called upon to cross such picket line in the line of duty. The City will make reasonable efforts to assure employee safety in crossing picket lines. Any employee engaging in any activity in violation of the Article shall be subject to immediate disciplinary action including discharge by the City. Section 2. No Lockout. The City agrees not to lock out employees during the term of this Agreement. ARTICLE 4 BULLETIN BOARDS Section 1. The City shall assign space as currently provided on bulletin boards for the Union to post notices, a copy of which shall be provided to the Personnel Administrator. Notices shall not contain political material, libelous material, or material which is injurious to the City or to employees. Union notices will be limited to designated spaces. ARTICLE 5 BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities only during regular working hours, for the purpose of investigating matters relating to the administration of this Agreement. Section 2. The Union shall notify the Personnel Administrator after making such designation. Any such investigation will be conducted so as to not interfere with City business and any such agent will comply with City safety, security and other regulations. Notice will be given to the Department Director or designee when a business agent enters City property or facilities. City employees may not spend working time to meet with business agents unless specifically permitted by another provision of this Agreement. ARTICLE 6 DUES CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues once each month from the pay of those employees who individually authorize in writing that such deductions be made. The Union will certify the amount of dues to be deducted and the structure of the dues scheduled in a letter signed by the President and notarized. Authorization for check off must be received by the 15th of the month in order to be withheld from the first check of the next month. Section 2. Dues will be deducted from the first pay check of each calendar month and will be remitted, together with an itemized statement, to the Union Treasurer within ten (10) days after the deductions have been made. mgr\ass!\unions\afscme\IOC183ag, doc On a monthly basis, and at no cost to the union, the Employer shall provide the Union with a computer disk, which, in a format agreeable to both parties, shows the bargaining unit employee's name, home address, and any other information mutually agreed to. Section 3. The City will not deduct dues beginning the first of the calendar month after which an employee is no longer part of the bargaining unit. An employee may voluntarily cancel or revoke authorization for check off by delivery of written notice to the City. The City will provide a copy of the notice to the Union. Cancellations received by the 15th of the month will become effective on the first of the next month. Section 4. The City will not be liable and will be held blameless for damage arising by virtue of mistakes in connection with funds collected under the provisions of this Article. The City will not be responsible for payment of dues, special assessments or any other deduction upon an individual's default. ARTICLE 7 HOURS OF WORK Section 1. Definitions. Temporary Employees -All employees regularly assigned less than ten (10) hours per week or who work in a position authorized for less than seven (7) months shall be temporary employees. All employees regularly assigned to ten (10) hours per week or more shall become permanent employees entitled to wages and benefits as provided in this agreement upon the completion of seven (7) continuous months of employment. Permanent Employees -Permanent employees shall be as follows: (A) Those persons who are appointed to authorized budgeted positions and who have completed a probationary period upon initial employment with the City, or (B) Those persons who were temporary employees regularly assigned to ten (10) hours per week or more who have completed seven (7) months of continuous employment. The City shall provide the Union a list of names of all persons employed by the City, regardless of their status as employees, along with hire dates, termination dates (if applicable), and account number except those persons excluded in Article 1, Section 3, of this agreement. Section 2. Regular Work Week. A. Definitions - A day will be defined as the time between 12:01 A.M. and midnight, twenty- four (24) hours later. A week will be defined as the time between 12:01 A.M. Sunday and midnight Saturday. Holidays and paid leaves shall count as hours worked. B. Permanent Full-Time -Five Day Operations -The regular work week for permanent full- time employees shall begin on Monday and extend through Friday and shall consist of five (5) consecutive, eight (8) hour days. mgr\asst\unions\afscme\Ioc183ag.doc 4 C. Permanent Full-Time -Continuous Shift Operations - (Work is regularly scheduled 24 hours per day, seven days per week.) The regular work week shall consist of five (5) days of eight (8) consecutive hours for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees assigned to continuous shift operations may meet and confer with their division concerning shift scheduling. D. Six and Seven Day Operations -The regular work week for permanent full-time employees shall consist of five (5) eight (8) hour days for a total of forty (40) hours. For purposes of this contract the first day off in any week is defined as the sixth day and the second day off is defined as the seventh day. Employees whose schedules regularly vary from this pattern will be covered by letter at the time the variation is made. (Example - landfill employees.) Section 3. Scheduling. Regular work schedules will be posted on departmental bulletin boards within each division. Any permanent change in the regular work schedules for a division will be posted at least ten (10) days in advance of the change. To the greatest extent possible, temporary adjustments in the work schedule of individuals will be posted at the beginning of the week. As much notice as possible will be given in the case of emergencies, inclement weather, or unexpected absences. The City will notify the Union in advance of permanent changes in the regular work week and will discuss such changes if requested. Section 4. Part-Time Employees. A. Part-time employees are those persons regularly assigned to less than forty (40) hours of work per week. Benefits shall be prorated for permanent part-time employees in accordance with their regularly assigned hours per week. Occasionally the hours actually worked will vary from the assigned number. No minimum amount of work is guaranteed to part-time employees. Any employee whose hours actually exceed his/her assigned hours shall be reassigned hours for the purpose of proration of benefits. An employee may request a redetermination of his/her assigned hours or proration of benefits through the grievance procedure. Nothing in this section shall require a regular part-time employee to regularly work more than his/her assigned hours. B. Temporary Employees. All temporary employees, as defined in Section 1 above, and all other employees of the Employer are not entitled to any benefits or other provisions of this Agreement. C. Current employees will have bidding preference for job vacancies over volunteer helpers and volunteer time will not count toward seniority. Section 5. Rest Periods. Except for the transit drivers the City will provided a fifteen (15) minute rest period at two times during the regular work day. The location and scheduling will be determined by the immediate supervisor. The rest period will be scheduled at regular times within the work day to accommodate staffing needs. Employee preferences will be considered. mgr\a sstlu n ion s\afscme\ loc 183 ag. doc Section 6. Meal Periods. The City will provide an unpaid lunch period of not less than thirty (30) minutes each day to employees in five day operations. Whenever possible, the lunch period will be scheduled at a regular time in the work day. Meal periods will be scheduled to accommodate the staffing needs of the department with consideration of the preference of employees. In lieu of the two fifteen (15) minute paid rest periods, full-time bus drivers will be provided a thirty minute lunch break with pay. Meal breaks will be scheduled near the middle of the shift; i.e., no earlier than 3 hours into the shift and shall not leave more than 5 hours and 15 minutes remaining on the shift. Deviations due to special or changed circumstances shall be mutually agreed upon. Section 7. Clean-up Time. If the nature of work performed requires it, employees will be allowed a minimum of five (5) minutes for personal clean-up at the end of the work day. Section 8. Inclement Weather. Employees are expected to come to work regardless of weather conditions if they can possibly do so. Employees who appear for work at the scheduled time will be compensated. Generally, City operations will not be, suspended, but may be rescheduled. If work is to be rescheduled the immediate supervisor will have available information. The employer will take into consideration the employee's comfort and protection in cases of extreme climatic conditions. Employees who are unable to get to work or who leave work early because of weather conditions may do one of the following: a. Arrange to make up the work with the approval of the immediate supervisor. b. Charge the time missed to accrued holiday, vacation, compensatory time, or personal leave. c. Take leave without pay for the time missed. Section 9. Travel Time -Transit. In addition to hours specified on the run sheet, ten minutes will be paid to cover "travel time" to or from the Transit Facility. This only applies to drivers whose relief point is the Transit Interchange. Employees who are not required to return the bus to the Transit Facility and who decline to travel to or from the Facility shall not receive this pay. ARTICLE 8 OVERTIME Section 1. Overtime.' Overtime is work performed by a permanent full or part-time employee in excess of eight (8) hours per day or forty (40) hours per week with the following exceptions: A) Employees regularly scheduled to work more than eight (8) hours per day will receive overtime for the time worked in excess of the regularly scheduled hours per day. B) Employees who work more than eight (8) hours on a given day due to flex time mutually agreed upon by the employee and their supervisor will receive overtime for the time worked in excess of their scheduled flex hours on that day. e.g., Employees who work twelve (12) hours per day will receive overtime for time spent in excess of twelve (12) hours per day or forty (40) hours per week. mgr\assl\unions\afscme\1oc183ag. doc Prior authorization from the employee's supervisor is required before overtime work will be credited. Employees may be periodically required to work overtime but may request not to perform work because of physical inability or serious personal need. Such requests to be excused from performing overtime will not be unreasonably denied. For permanent full-time employees, work performed on the sixth (6th) or seventh (7th) day of the work week shall be considered overtime. There will be no pyramiding of overtime: e.g., If an employee is called back to work on Saturday he/she may claim the overtime rate either for the minimal call-in OR the sixth (6th) day premium, not for both sections. Overtime will be compensated at the rate of one and one-half (1-1/2) times the current base hourly rate of the employees or by compensatory time off at the rate of one and one-half (1- 1/2) hours for each hour of overtime worked. Employee preference will determine whether overtime is paid or time off given unless departmental staffing needs or financial considerations require employees to be paid or given time off. The employees may request reasons for the denial of the time off or pay. Section 2. Overtime Equalization. A. To the greatest extent possible, overtime shall be offered to employees equally over a period of three (3) months, considering the type of work, the qualifications and ability of the individual employee, the employee's desire to perform the overtime service, and the employee's seniority. The following procedure will generally be used: The employee with the necessary qualifications and abilities and the least number of overtime hours in that classification will be first offered such assignment. In the event that overtime hours among employees in that classification are equal, seniority shall prevail. In the event no qualified employee desires such work, the City shall select the qualified employee with the least credited overtime hours for such assignment and if there are two or more employees with the same number of overtime hours, the employee with the least seniority shall be thus assigned. Employees who refuse overtime work on a particular job will be charged the same number of hours as employees who actually do the work. Any employee who may be periodically excused from overtime work for physical disability or serious personal need shall carry an amount of overtime equal to that of the employee with the highest number of hours. When the need arises to work overtime to finish a job, the employees who are performing the work may be offered the overtime first if the work is to be completed. If an affected employee elects not to work overtime, he/she will be expected to continue until a replacement is secured. During emergency situations such as, but not limited to, excessive snow, freezing rain, wind, rain or cold, employees in the affected divisions may be scheduled to work twelve (12) hours or more in any twenty-four (24) hour period. Work in excess of twelve (12) hours will be assigned according to the equalization procedure. The equalization procedure is inapplicable to regularly scheduled overtime in transit. mgrlasst\unions\afscme11oc183ag. doc B. Distribution of extra hours in the Transit Division. For hours available after the "Extra Board" hours have been assigned, to the greatest extent possible, extra hours shall be offered to employees equally over each run pick period. The employer may first offer the hours by seniority to part-time employees who have worked less than 40 hours that week. After that it will be offered to employees by seniority if scheduling time allows. For equalization purposes, employees who refuse extra hours will be charged the same number of hours as were offered. The City shall maintain and post a list of extra hours worked in the Transit Division. C. The City shall maintain and post (at least monthly) in a public place in the work area, a list of classifications showing overtime hours worked by each employee, and shall keep such list current with accumulated overtime being credited forward. Overtime accumulation shall commence on January 1, April 1, July 1 and October 1 of each year and shall be equalized quarterly. Employees who are new to a division shall be credited with the highest number of hours in their classification. Any deviation from the above process shall be by letter between the City and the Union. Section 3. Overtime Rest Period. If an employee is required to work at least two (2) hours immediately after the employee's normal work day the City will provide for one of the following: a. A rest period of one-half hour immediately following the work day, or b. One additional half-hour of paid compensation at the overtime rate. This section does not apply if the employee is required to work less than two (2) hours following the work day. Section 4. Stand-By Time. Employees who are on stand-by time are required to be at a place designated by them which has access to a phone and from which they may reach the work area promptly. Employees on stand-by will be compensated as follows: Employee Assigned to Stand-bv Pav Per Week 1. Is provided with and takes vehicle home 7 hours pay 2. Is provided with but declines to take a vehicle home (supervisor may require employee to take vehicle) 7 hours pay 3. Cannot be provided with a vehicle due to lack of vehicle availability 10 hours pay 4. Is not provided with a vehicle because employee resides outside city limits 10 hours pay Employees of the Street/Sanitation Department who are required to be on stand-by for the purpose of emergency snow removal will be compensated at a rate of ten (10) hours at current base pay rate for each week of stand-by time. Stand-by in these circumstances will be assigned in no less than one week increments. Such employees will be furnished a call device, but no vehicle. Section 5. Reporting Pav. If an employee reports for work at his/her regular time and place but is sent home by the supervisor because of an emergency because work cannot be performed, such employee shall be paid a minimum of two (2) hours at his/her regular straight time pay. The City will make every effort to allow the employee to make up the work at straight time at a different time, where the nature of work permits. mgr\asst\unions\afscme\loc 183ag. doc Section 6. Minimum Call-In. An employee who has completed an eight (8) hour work day and who is called in to work in an emergency situation without prior notice will be paid for a minimum of two (2) hours. If the emergency call-in takes more than two (2) hours the employee will be compensated for time spent. Minimum call-in will be paid at the overtime rate. An employee who is called in prior to the regular start of his/her working day will be compensated for a minimum of two (2) hours at the overtime rate. In the event minimum call-in and regular working hours overlap, straight time will be paid for the overlapping hours in addition to the minimum call- in. There shall be no pyramiding or duplicating of overtime pay. That is, if an employee is called to work, he/she cannot collect for another two (2) hours unless it has been two (2) hours since the last call. Any City employee required to appear as a witness in Court for work-related. matters or at a municipal infraction hearing for work-related matters outside their work schedule will be paid for such appearance pursuant to minimum call-in provisions above. The employer will not alter work schedules solely to avoid this payment. Section 7. Professional Employees. No overtime will be paid or credit given for overtime work of professional employees. Generally, assignments will be based on an assumed forty (40) hour week for full-time professionals and on the assigned number of hours of part-time professionals. Professional employees will enter all assigned hours worked in excess of their normal schedules on their time sheets. A professional employee may meet with his/her department head at a mutually convenient time and place to review the hours worked in an attempt to facilitate the provisions of this section consistent with department practices. However, this clause shall not be construed as a guarantee of compensatory time or overtime pay. Section 8. Library Overtime. Permanent employees required to work on Sundays at the Library will received six (6) hours credit for each four (4) hour shift worked. Section 9. Calculation of Overtime. Overtime will be recorded on the basis of an initial six (6) minute segment, and an employee must work the entire segment to be credited with one-tenth (1/10) hour for overtime. After the first six (6) minutes, overtime will be recorded and credited on a minute-for-minute basis. Section 10. Payment of Overtime. Payment of authorized overtime will be on succeeding pay checks. Section 11. Accumulated Overtime. Accumulated overtime to be carried over from one fiscal year to another shall not exceed forty (40) hours and any overtime in excess of forty (40) hours accumulated at the end of the fiscal year shall be administered in accordance with Section 1 of this article. Section 12. Shift Differential. Employees who work a scheduled shift which begins at or after 1:30 p.m., but before 10:00 p.m. shall receive an additional twenty-five ($.25) per hour. Employees who work a scheduled shift which begins at or after 10:00 p.m. but before 1:00 a.m. shall receive an additional forty cents ($.40) per hour. mgr\asst\unions\afscme\bc183ag.doc 9 ARTICLE 9 HOLIDAYS Section 1. The following days shall be paid holidays for permanent employees: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); 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. Provided, however, that at the time employment begins or terminates, personal leave shall be pro-rated on the basis of two (2) hours personal leave credit for each quarter of the fiscal year, or portion thereof, during which the employee is in pay status. In order to receive holiday credit, an employee must be in pay status the day before and the day after a holiday. Section 2. In addition, there shall be granted to permanent employees who do not work a continuous shift, the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager (or the Library Director for library employees) may direct that employees observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, employees may select a particular day subject to the approval of the supervisor. If the City Manager or Library Director does not designate a day, employees may choose a day between December 17 and January 6. Section 3. Permanent employees on a continuous shift shall receive eighty-eight (88) hours of holiday credit and eight (8) hours of personal leave credit on July 1 annually. Any continuous shift employee who begins work after July 1 of any calendar year will receive credit for the remaining holiday dates in the year and for personal leave as provided in Section 1 of this Article. If an employee separates after July 1 of any year, those holidays and personal leave hours which have been credited but which have not as yet occurred or been earned will be deducted for the purpose of considering separation pay. e.g., Employee A receives credit for eighty-eight (88) hours of holiday time on July 1. The employee terminates on November 1 and has not used any holiday hours. He would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Employee B receives eighty-eight (88) hours of holiday credit on July 1. Employee B terminates November 1 and has used forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty- four (24) hours (40 used less 16 occurring) would be deducted from vacation pay or from the last week's wages. For the purpose of this Article, a holiday for continuous shift employees (except Police Department employees) begins at 12:01 A.M. on the day of the holiday and continues for a period of twenty-four (24) hours thereafter. In the Police Department a holiday begins at 11:00 P.M. on the day preceding the holiday and continues fortwenty-four (24) hours thereafter. When a holiday occurs on Sunday, the following Monday will be observed. When a holiday falls on a Saturday, the preceding Friday will be observed. basis. Section 4. Part-time employees will receive holiday pay and personal leave on a pro-rata Section 5. Eligible employees who are called in to work on a holiday on which City operations are not open to the public will be paid at a rate of one and one-half (1'/2) times for the hours actually worked and shall also receive regular holiday pay. mgr\asstlunionslafscme\1oc183ag.doc 1 Section 6. Permanent employees who are assigned to work on holidays when City operations to which they are assigned are operating or open to the public will receive holiday credit equal to one and one-half (1'/2) times the hours actually worked. This credit may be used after the holiday occurs but must be taken before the next succeeding July 1. Generally, this section applies to library, transit, parks, recreation, and parking enforcement employees. Refuse employees will use this system when two holidays occur in the same week. Employees may request pay in lieu of holiday credit. The employer's decision to grant or deny the pay shall not be arbitrary or capricious. Section 7. Holidays or personal leave days shall not be carried over from one fiscal year to the next. Section 8. Definition. "Continuous shift employees" as used in this article indicates those employees who work in twenty-four (24) hour per day operations and who are subject to assignment on shifts beginning between 3:00 P.M. and 7:59 A.M. ARTICLE 10 VACATIONS Section 1. Accumulation. Vacations shall be earned by permanent employees by month according to the following schedule: Length of Service Days Per Pay Month 0-5 years 1 5 years 1 day - 10 years 1 1/4 10 years 1 day - 15 years 1 1/2 15 years 1 day - 20 years 1 3/4 more than 20 years 2 Professional librarians shall accumulate vacation at a rate of 22 days per year regardless of length of service. The maximum number of hours eligible for carry over after July 1 of any year or for payment upon termination shall be one hundred ninety-two (192) hours (24 days). If scheduled and approved vacation time is cancelled by the employer, the cancelled vacation hours may be carried over into the next fiscal year to be used as time off within the first ninety (90) days of the fiscal year as long as the use of such time is scheduled and approved within the first thirty (30) days of the fiscal year. If the employer does not allow the use of time carried over under this provision, the cancelled vacation hours will be paid out. Section 2. Use of Vacation. An employee becomes eligible to take vacation after he/she has been on the payroll as a permanent employee for a period of six (6) continuous months. Scheduling will be arranged with the supervisor to accommodate staffing needs and employee preferences. Except in the event of serious personal need by a less senior person, seniority wil- prevail. Section 3. Payment of Accumulation. Upon discharge, resignation or retirement after six (6) months of continuous service, a permanent employee is eligible for payment of not more than 192 hours (24 days) of accumulated vacation leave at the current base rate of pay. mgrlasst\unions\afscme\Ioc183ag.doc 11 ARTICLE 11 SICK LEAVE Section 1. Accumulation. Employees shall be granted one day of sick leave credit per month and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be accumulated while an employee takes a leave of absence without pay, but any employee granted a paid leave shall continue to earn sick leave. Accumulation of sick leave shall commence on the date of first permanent employment. Additional sick leave will accrue while an employee is receiving worker's compensation and supplementing those payments with accumulated paid leave(s). Upon resignation or retirement, the City shall pay for one-half of the accumulated sick leave at the time of resignation/retirement on the basis of the employee's then current hourly base salary, provided that the dollar amount of the payment may be up to but shall not exceed the amount that an employee would have been due if he/she had terminated on June 28, 1985. Employees hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. An employee must have been employed by the City for at least one year in order to be eligible for payment of accumulated sick leave upon termination. Incentive: Employees who utilize no sick leave in any thirteen consecutive pay periods and who have at least 600 hours of sick leave accumulated at the end of the six months may, at the option of the employee, convert four hours of sick leave to four hours of incentive leave. Following any twenty-six consecutive pay periods with no use of sick leave, employees who have at least 1200 hours of sick leave accumulated may, at their option, convert an additional four hours of sick leave to incentive leave for a total of up to but no more than twelve hours in any 26 consecutive pay periods. The maximum number of hours eligible for carry over from one fiscal year to the next shall be eight (8) hours. Section 2. Use of Sick Leave. a. A day of accumulated sick leave shall be used for each day an employee is sick and off work during a work week. A doctor's statement regarding nature of illness and recovery therefrom may be required if abuse is suspected. Requirement of such doctor's statement will not be used merely for the purpose of harassment of any employee. Sick leave may be used on an hour-to-hour basis for doctor's appointments or other health maintenance needs. b. In addition to sickness of an employee, sick leave may be used for: (1) On-the job injury. (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the employee's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, as well as any other relatives or member of the immediate household of the employee up to a maximum of forty-eight (48) hours per occurrence provided that the employee's presence and efforts are needed. c. The City may discipline employees for abuse of sick leave. mgr\asst\unions\afscme\Ioc183ag.doc ~ 2 Section 3. Notification. An employee shall notify his/her supervisor as soon as reasonably possible of any sickness or illness which will cause him/her to miss work. Certain employees may be required to provide such notification prior to the beginning of their work day. In those cases where the Department or Division requires such prior notification, the City will be responsible for establishing a method whereby those employees can provide such notification. Unless such notification is given, the absence will not be charged to sick leave, but will be charged to other accumulated leave, or if no such accruals exist, to leave of absence without pay. Unusual circumstances will be evaluated and may result in charging the absence to sick leave. An employee who becomes sick at work will notify his/her supervisor before leaving the area. Section 4. Sick Leave Bank. a. Permanent employees in the bargaining unit may draw from a Sick Leave Bank if they have exhausted their own sick leave accumulation and are seriously ill. Hours of sick leave shall be contributed to the bank by bargaining unit members who have reached the maximum accumulation of sick leave (1440 hours or 180 days) at the rate of one day per month. b. Employees who use Sick Bank days will repay the bank at the regular sick leave accrual schedule after returning to work. Employees who do not return to work or who fail to accumulate a sufficient amount of sick leave will pay back the Bank from other accrued leave or in cash. c. A joint City-Union committee will administer the use of Sick Bank days by employees. The committee will be made up of one Union representative, one City representative and one person chosen by the two representatives. The Bank Administration Committee will determine when sick leave may be used, application procedures, the length of time which any employee may borrow, the length of the waiting period after exhaustion of sick leave before employees may borrow time, amount of time before which days must be paid back, and other criteria for using Bank days. The Committee is charged with maintaining the integrity of the Bank for serious or catastrophic illness of individuals in the bargaining unit and will develop policies to protect against abuse by individuals. The City will contribute thirty (30) days of sick leave to the Bank October 1, 1976. No individual may use more than ten (10) days during the term of this Agreement. Section 5. Employees using sick leave who are medically able to perform some of the regular duties of their position while at home (or alternative work site) may, at the request of the employee or the supervisor, and with the permission of the supervisor, be assigned work to be performed at home. For work performed at home, regular pay rather than use of sick leave accrual will be utilized, and the ratio of sick leave to straight pay will be determined on a case-by-case basis by the supervisor. This policy is designed to permit credit for work performed at home by employees using sick leave, when performance of work at home is advantageous to the City; however, no employee will be required to perform work while on sick leave nor will any employee be guaranteed the right to do so. mgr\asst\unions\afscme\Ioc183ag.doc 13 Section 6. While an employee is receiving sick leave pay from the City, self-employment for pay or work for another employer for pay is expressly forbidden. A waiver of this provision may be given if the employee presents evidence from his/her physician to the City that the employee's medical disability would preclude fulfillment of the employee's duties with the City, but that the nature of the disability would permit work at alternative outside employment. Failure to comply with this policy will result in progressive disciplinary action. ARTICLE 12 SPECIAL LEAVES Section 1. On-the-Job Iniury. Upon application the City may grant a leave of absence with pay in the event of an injury or illness of an employee while at work provided the following conditions exist: The injury or illness arises out of the course of City employment, and b. The City's medical advisor determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the work day when the injury occurs and for a period of two (2) additional working days if authorized by the medical advisor. If the injured or disabled employee requires more than two (2) working days in which to recuperate and return to work, any additional absence may be charged to sick leave or, if sick leave is exhausted, to leave of absence without pay. Employees may use accumulated sick leave or other accumulated leaves to supplement worker's compensation benefits. Section 2. Funerals. An employee will be granted up to three (3) work days per incident with no loss of compensation or accruals if required to attend the funeral of his/her spouse, domestic partner as recognized by City policy, child, grandchild, stepchild, foster child, mother, father, stepparent, sister, brother, step-sister or step-brother. An employee will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensation time to attend the funeral of his/her mother-in- law, father-in-law, grandparent, aunt or uncle, brother-in-law, sister-in-law, or permanent member of the immediate household. In such cases, he/she shall be granted up to two (2) additional days for travel, if necessary. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an employee shall be permitted to use up to three (3) work days of accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off work, which has been recommended by the Department Director and approved by the City Manager or for library employees, by the Library Director, except in cases of medically necessary disability leaves which shall be automatic provided the employee has exhausted all other accrued leave (paid and unpaid) and submits to a physical exam by a city-paid and appointed doctor (if required by the employer). Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the employee shall return to work in the same range and step as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during that period if the nature of operations has changed so that similar work does not exist or that an opening for the employee no longer exists, the employee shall be eligible to bid on vacancies in related areas or vacancies for which the employee is otherwise qualified for a period of twelve (12) months following termination of the leave. The employee is responsible for applying for and keeping aware of any openings. mgr\assflunions\afscme\1oc183ag.doc 14 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 as otherwise specified by this Agreement. d. Shall not earn sick, vacation, or other leave. e. Must use all accumulated vacation to which he/she is entitled prior to the time that the leave without pay commences. f. Must pay prorated health, dental, life and disability insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired and is available subject to insurance carrier approval, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee or at the employee's option may be billed on a monthly basis. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. The Department Director may waive the above conditions (a. through e.) for leaves of absence not exceeding ten (10) working days. Section 4. Jury Duty. Any employee summoned for jury duty during the employee's regular work hours shall receive regular straight time pay during any period of jury service. The City shall receive the pay earned from such jury service. Compensation for travel expenses may be retained by the employee. An employee who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining in the work-day shall return to work. Section 5. Witness Fees. An employee shall be granted leave with pay when required to be absent from work for the purpose of testifying in court in response to legal summons when the employee is neither plaintiff nor defendant in the action and when such court appearance arises from the performance of his/her duties, obligations, or activities as a City employee, and the City shall receive the witness fees up to the amount of compensation paid to the employee by the City for days testified. mgr\asst\unionslafscmelloc~ 83ag. doc 15 Section 6. Military Leave. Employees called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Employees subject to the foregoing shall, upon reinstatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States has been spent in regular employment with the City. Section 7. Voting Time. An employee shall be permitted to vote at a polling place in the City of Iowa City or the City of Coralville during the work day in any national, state, or local election if it is not reasonably possible for him/her to vote during off hours. Section 8. Pregnancy Leave. A pregnant permanent employee shall be entitled to a leave of absence without pay if she is disabled as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All employees requiring such leave shall notify the Department Director prior to the anticipated date of birth and should be able to substantiate their condition by a doctor's statement. Employees may work during pregnancy if health permits. Those granted leaves under this section shall present doctor's statements as to pregnancy disability and recovery therefrom. Within seven (7) days following birth, miscarriage, or abortion the employee shall advise the City of the date by which she will return to work. Unless the employee returns to work by such date, or any other date by reason of extension granted by the City, the employee will be considered to have voluntarily resigned or retired. An employee who takes leave pursuant to this section shall return to work as soon as she is medically able, retaining all rights granted by the federal Family Medical Leave Act or other applicable law. Section 9. Union Business Leave. a. Any employee elected to office in the International American Federation of State, County and Municipal Employees shall be granted a leave of absence without pay for a period not to exceed two years. Such leaves shall be granted to not more than one City employee in Local 183 at any one time. An employee desiring such leave shall give thirty (30) days notice to the City. Consistent with Section 3 of this Article, such employees shall not have a job guarantee on return. b. Leave of absence without pay to attend and serve as a delegate to conventions and training conferences relating to the Union shall be granted to not more than five (5) City employees in Local 183 in any one calendar year. Not more than five (5) days may be taken by any three (3) employees and not more than ten (10) days may be taken by any two (2) employees under this section. Employees seeking such leave shall present certification in writing of their selection by the Union to act as a representative to a specified conference at least ten (10) working days prior to the time they wish to be absent. No more than one employee who is elected or appointed to offices in the Union that is not part-time staff will be granted sufficient unpaid time off to carry on the duties of the office provided he/she gives reasonable advance notice and receives approval for such leave from the department head. Approval may be denied by the department head where the employee's absence could adversely affect or interfere with the operation of the department. mgr\asst\unions\afscme\1oc183ag.doc 16 d. Employees on Union leaves shall only be entitled to accrual of seniority for time spent on such leaves, except for subsection c above, where employee will continue to accrue benefits during a period not to exceed ten (10) work days per year. e. Employees appointed to the position of Staff Representative for AFSCME/Iowa Council 61 shall be entitled to an unpaid leave of absence not to exceed one year. The City may deny such leave if it would create a hardship. Return from leave is governed by Section 3 of this Article. Not more than one employee shall be granted such leave at any one time. The employee must make application for such leave at least ten (10) working days in advance of the commencement of this leave. The provisions of Subsection d. above shall apply. f. The City agrees to place Union supplied Union information in its new employee packets. This information shall not include political material, libelous material, or material which is injurious to the City or to employees. Section 10. Professional Leave. The City and the Union agree that professional development is of benefit to employees designated as "professionals" and the employer. In recognition of this Agreement, the following guidelines will be considered when granting or denying requests for professional leaves: a. The potential benefit to the employee. b. The potential benefit to the employer. c. The work-relatedness of training program, conference, workshop, class, or convention that is attended. d. Who in the affected class of employees went most recently. e. Seniority. It is understood by the parties that the above provisions in no way constitute a guarantee of training to anyone. ARTICLE 13 SENIORITY Section 1. Seniority shall mean length of continuous service with the City. It shall begin on the date of employment and become applicable immediately following completion of a probationary period of not more than six (6) months in a permanent position, unless extended in writing due to unusual circumstances. Continuous service in a temporary position shall be added to the employee's seniority for use only in Section 3, Use of Seniority, below. An employee will lose seniority rights upon resignation, discharge for just cause, retirement, death, or layoff for more than two (2) years. Seniority shall accrue during all paid leaves and during periods which a member is assigned a classification outside of the bargaining unit. If an employee is on leave of absence without pay as a result of temporary disability as substantiated by a doctor's certificate or for on- thejob injury, seniority will accrue indefinitely. An employee will accrue seniority while on leave without pay or layoff for one (1) year or for a period equal to the length of time worked if less than one year. In the event that two (2) or more employees have an identical seniority date, the order of their seniority shall be determined by the alphabetical order of last names. The City will maintain a seniority list showing the length of continuous service and will make a copy of the list available to the Union each six (6) months. mgr\asstlunionslafscmeUoc183ag.doc 17 Section 2. Probation. The initial probation period for permanent appointments will be six (6) continuous months. The probationary period may be extended in writing because of unusual circumstances. Probationary employees are entitled to all benefits of this contract with two exceptions: They may not grieve any disciplinary actions taken against them. 2. They may not bid on other jobs (except for promotions). If an employee has worked as a temporary City employee prior to appointment to a similar permanent position, the temporary time worked may be credited toward completion of probation if it is applicable experience. For such employees, the probationary period will be shortened to reflect credit for temporary time worked. The length of probation will be specified in writing in the permanent appointment papers. Section 3. Use of Seniority. An employee who has successfully completed an initial City probation period of six months may exercise seniority as follows: a. Transfer Procedures. Except in the case of emergency circumstances, a notice which describes the position for permanent job openings will be posted on administrative and departmental bulletin boards for not less than five (5) working days. ~ During this period, employees who wish to apply for the position may do so. The City will provide a written form for application which must be received in the Personnel Office by 5:00 P.M. on the day stated on the notice as the closing date. If current or laid off employees are qualified for the position he/she may compete with other employee applicants for the position. Step I. If qualifications including skills, abilities, and experience of the applicants are relatively equal, the employee with the greatest seniority will be offered the job first, except as provided in Section 3, subsection b.2.(a) of this Article. Step II. If the qualifications of current employees are marginal but equal to outside applicants they will be offered the position if it is to be filled, subject to the further provisions of Section 3, subsection b.2.(b) of this Article. If an employee feels that seniority has been ignored by the City, he/she may request the reason for his/her rejection for the position in writing, and the written reasons will be given. Reduction in Force. Reductions in force will be by departmental division according to seniority in the jobs affected with the person having the least seniority within classification to be laid off first. The City will give fifteen (15) days notice to employees who are to be laid off except in an emergency. Temporary, casual and seasonal employees within classification (e.g. those job titles listed in Appendix A) will be laid off prior to permanent employees. The City will consult with the Union as far in advance as possible prior to a contemplated layoff in order to provide the most equitable treatment to employees who are to be laid off. The City will attempt to accomplish reduction in force by attrition. mgrlasst\unions\afscme\1oc183ag.doc ~ 8 2. An employee whose job is to be eliminated may be transferred to vacancies within the department. Employees notified of lay-off or who are subject to recall from lay-off under Section 3, Subsection c. of this Article shall be given the opportunity to bid for new or vacant non-promotional positions to be filled by the City as follows: (a) When competing with other bargaining unit employees, algid-off employee will be offered the job first where qualifications, including skills, abilities and experience of the applicants are relatively equal without regard to seniority. (b) When competing with applicants who are not employees of the City, laid-off employees shall be offered the job first where the City deter- mines the laid-off employee has the abilities to adequately perform the job under normal supervision. 3. If no vacancies exist a more senior employee being laid off shall bump the employee with the least seniority in their classification within their department; but, if no such person or position exists, the laid-off employee may bump the least senior employee in a position within their classification in the bargaining unit. If no such person or position exists within the bargaining unit, algid-off employee may bump the least senior employee in a job outside their classification within their department and, if no such person or job exists, then the bargaining unit. Provided, however, an employee shall not bump into a job without seniority, proper credentials (including prior recorded experience in the job with the City; except where algid-off employee was placed in the job out of promotional sequence in the clerical, maintenance worker, plant operator, mechanic, librarian, dispatcher, planner/program analyst and construction inspector series), and the ability to perform the duties of the job under normal supervision. A person shall first bump into the highest classification which also meets the preceding conditions. Bumping shall not result in any promotion. In no event shall afull- time employee be forced to bump the least senior employee when it would result in decreased hours of work or shall part-time employees bump into full-time positions unless their total seniority is greater based on a comparison. of computation of time actually worked. c. Recall from Layoff. The names of permanent employees laid off shall be placed on a re-employment list for the jobs affected in the layoff. Such persons shall be eligible for re-employment in reverse order of layoff in the job from which they were removed for a period of two (2) years, provided that they are still qualified and able to perform the job. Employees may apply for vacancies in the City in titles other than those affected by the layoff during the period that they are on the recall list while maintaining their option to return to the job from which they were laid off. When an employee is notified by certified mail to last known address to return to work, he/she must make arrangements to return to work with the immediate supervisor within seven (7) days or be removed from the recall list. An employee on the recall list will accrue seniority pursuant to Section 1 of this article and will be entitled to exercise seniority accrued prior to layoff after their return to work. mgr\asst\unions\afscme11oc183ag.doc ~ 9 d. Preferred Shift. Employees may use seniority to bid on a preferred shift or transit run provided a vacancy exists. Employees currently within the classification in which the vacancy has occurred will first be given the option to bid prior to the vacant hours being posted for other City employees. The use of seniority in library scheduling, if any, will be the subject of a separate letter to be negotiated at a later date. Section 4. Trial Period. A. Employee Option. A transferred employee shall be granted up to ten (10) days to determine if he/she wants to continue in the position to which he/she voluntarily transferred. If during the option period the employee desires to do so, he/she may return to the previous position. B. City Option. The length of the trial period for a person who is transferring to another position within the City will be adapted to the type of job, length of City employment and similarity to previous jobs, but will not be longer than forty (40) working days except by agreement between the City and the Union. A transferred employee agrees not to initiate another transfer for six (6) months. This limitation on voluntary transfers does not apply to promotions. If the employee's performance is unsatisfactory at the end of the trial period, they may return to their previous position or a similar vacancy. Section 5. Compensation after Transfer. When an employee transfers to another position within the same or a lower range he/she shall move to a step and rate of pay within the range of the position transferred to with pay to be determined on the basis of relative skills, abilities, experience and seniority. When an employee transfers to a higher range his/her pay shall fall within that range and in no event will be less than the equivalent of a one step increase based on their pay prior to the transfer. Section 6. Transit Seniority. In the event two or more transit drivers have identical seniority dates, the order of seniority for selecting transit runs shall be determined by lot. ARTICLE 14 DISCIPLINE Section 1. Purpose. All parties to this Agreement recognize that a certain amount of discipline is necessary for efficient operation of the City and the City has rights and responsibilities under law in providing services in an efficient manner. These certain penalties for infractions are agreed upon by the parties as a mode of operating and are not intended to limit the management rights of the City as explained in Chapter 20 of the current Code of Iowa. Disciplinary actions against employees will be taken for just cause. Appeal of disciplinary actions shall be by permanent employees and shall be through the grievance procedure set forth in this Agreement. Section 2. The goals of progressive discipline are to correct behavior and produce efficient City operations rather than merely to punish wrongdoers. Disciplinary actions or measures shall ordinarily be invoked in the order listed: a. Oral reprimand or warning. b. Written reprimand or warning. c. Suspension with loss of pay. d. Discharge. mgr\asst\unions\afscme\1oc183ag.doc 20 Section 3. Serious violations may be dealt with by any of the above disciplinary measures on the first offense. Permanent employees shall have the right to take up a suspension or discharge at Step 2 of the grievance procedure. Section 4. An employee may request the presence of a steward at the time of discipline. The steward may request a copy of the oral or written warning at that time. A copy of suspension or discharge will be forwarded to the chief steward. ARTICLE 15 INSURANCE Section 1. Medical Insurance. The City will provide the health insurance policy known as the Blue Cross/Blue Shield "Iowa 500," Alliance, two-day deductible plan for employees and eligible dependents. Full-time employees will contribute to the monthly premium as follows: twenty dollars ($20.00) per month for single coverage and sixty dollars ($60.00) per month for family coverage effective July 1, 2010; forty dollars ($40.00) for single coverage and sixty dollars ($60.00) per month for family coverage effective July 1, 2011. Part-time employees will pay apro-rata share of the monthly premium for single or family coverage. A description of the provisions of the negotiated "Iowa 500," Alliance, plan are set forth in Appendix "B". Benefit coverages are based on usual, customary and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. The parties agree to actively pursue incentives and/or other alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. The City may meet with representatives of the Union for the purpose of negotiating an alternative to the "Iowa 500," Alliance. Five Union representatives shall attend such meetings without loss of pay. Should the parties fail to agree, they will proceed to arbitration pursuant to Article 2'0. The issue to be decided by the arbitrator is the appropriateness of such an alternative, and whether or not it is reasonably equivalent to the "Iowa 500," Alliance. If the arbitrator determines that the alternative is not appropriate or reasonably equivalent, the "Iowa 500," Alliance plan shall remain in effect. Section 2. Life Insurance. The City will provide a term life insurance policy for employees the face value of which is an amount equal to the next even thousand dollars greater than annual salary. e.g., If an employee's annual salary is $8,834, the face value of the life insurance policy is $9,000. In the policy currently provided coverage does not become effective until ninety (90) days after employment. Section 3. Dental Insurance. The City will provide dental insurance for employees. Family dental insurance will be made available to the employee at the employee's expense. A description of the provisions of the negotiated Delta Dental plan are set forth in Appendix "B". Benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedure of this agreement. mgr\asst\un ions\afscme\1oc183ag. doc 21 Section 4. Payroll Deductions. When the employer develops the computer capability to accommodate payroll deductions for a Union insurance plan or group benefit plan it shall provide for deduction of up to one such item. The Employer agrees to deduct from the wages of any employee who is a member of the Union a PEOPLE deduction as provided for in a written authorization, provided there is field capability and required deductions are not negatively affected. Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the Employer and the Union. The Employer agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of the employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. Section 5. Carrier Change. The parties agree that the employer may change insurance carriers provided the Union is given 60 days written notice of the change and the specifications and administration of the insurance plan(s) are not diminished. Regarding life and long-term disability insurance, the specifications provided in Sections 2 and 6 of this Article define those below which benefits shall not be diminished under this Section. Section 6. Long Term Disability Insurance. The City will provide long-term disability insurance for permanent full-time bargaining unit employees and for permanent part-time bargaining unit employees who work or are on paid leave time an average of 30 or more hours per week, with sixty percent (60%) coverage of salary to a maximum of three thousand dollars ($3,000) per month. This benefit, as applied, shall be subject to other applicable offsets such as worker's compensation, social security, sick leave, etc. Such disability insurance shall begin paying benefits after one hundred twenty (120) calendar days of continuous covered total disability. Regardless of other situations which are covered or not covered by the terms of the policy, long-term disability benefits shall not pay for situations arising from employment by any employer other than the City of Iowa City. Disputes regarding specific claims shall be addressed to the insurance company and are not subject to the grievance procedures of this agreement. The City will absorb the cost of long-term disability insurance during the term of this contract provided that premiums do not increase in an amount greater than ten percent (10%). If said premiums do increase by more than ten percent (10%), the increase shall be subject to mutual agreement by the parties. All other increases in premium costs shall be subject to normal contract negotiations. All increases shall be included in computing the financial terms of any negotiated contract settlement. For the 2004-2007 collective bargaining agreement, the 10% increase language will only apply to the second and third years. The parties agree to meet and confer regarding any proposed job retraining for a disabled City employee, in order to discuss the terms and conditions of such retraining and reassignment. ARTICLE 16 SAFETY Section 1. Polic .The City and the Union recognize the importance of the personal safety of individual employees on the job and recognize that in the routine course of work employees are subject to risks. Section 2. Standards. Employees shall not be required to work in areas or to operate equipment which is a hazard to themselves or the public. Periodic training in safety matters will be provided to employees who engage in hazardous work. Employees will have access to protective gear required by law. Employees will handle property and equipment of the City with due care appropriate to the nature of the work and equipment employed. mgrlasstlunions\afscmelloc'183ag.doc 22 Section 3. Notice of Defect. Employees who operate equipment shall, during or immediately following the work day, report any defect noticed by him/her in said equipment to the immediate supervisor. Section 4. Special Grievance Procedure. If an employee is requested to work in a location or with equipment which presents an imminent personal hazard to him/herself or others the employee will report immediately to the Division Superintendent or designee who will determine the minimal standards under which employees must work. If the employee is then directed to work in a location or with equipment which is an imminent personal hazard to him/herself, he/she shall file a Step 2 grievance with the Department Director. Other disputes over safety hazards will be processed through the regular grievance procedure in Article 20 Section 4. Use of this procedure to create unnecessary delays will result in disciplinary action. Section 5. Safety Committee. The Union shall select two (2) city employees as representatives to each department/division safety committee. Section 6. The employer will provide required protective clothing or protective devices, including up to $125.00 annually for the purchase of safety shoes. Employees required to wear shoes with puncture resistant soles will receive such reimbursement up to $175 annually. The employer shall pay the reasonable full cost of medically prescribed safety shoes. All safety shoe purchases must receive prior approval from the employee's immediate supervisor. Denial of safety shoe purchase is subject to the grievance procedure commencing at Step 2. Section 7. The employer will provide up to $100.00 during each fiscal year for the purchase of prescription safety glasses, as needed, for those employees who are required to regularly wear safety glasses. The employer may specify the source and type of safety glasses for which reimbursement will be made. Replacement of safety glasses shall be subject to approval by the supervisor. ARTICLE 17 PERSONNEL TRANSACTIONS Section 1. Employees shall receive a copy of payroll transactions, performance evaluations, and other documents which will be used for purposes of promotion, evaluation or discipline. The employee's copy will be forwarded at the time it is placed in the file. Section 2. Under the supervision of an employee of the Human Relations Office and 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. An employee shall have the right to attach a written response to any document in his/her personnel file. Section 3. Upon request, written warnings for minor infractions which are over twelve (12) months old will be removed from an employee's file, provided the problem has been corrected or there has been substantial improvement toward correction. Section 4. Oral warnings shall not be part of an employee's personnel record except as a notation of when such warning was given. Upon request, such notation shall be removed from the personnel file following eight months of service without any discipline. Section 5. The employer will not use for disciplinary purposes any discipline document that would have been eligible for removal from the personnel file had the employee made such request. mgrlasstlunions\afscme\IOC183ag.doc 23 ARTICLE 18 CLOTHING AND EQUIPMENT Section 1. Employees who are required to wear special uniforms will be provided with such uniforms. Uniform shirts shall be ANSI approved when obtained, subject to availability from local (within a 65 mile radius of Iowa City) uniform companies at competitive prices. Cleaning and maintenance will be paid by the employer. Outerwear, including hats, jackets and coats, will not be provided, except for Parking Enforcement Attendants. Gloves for discomfort from cold will not be provided. Rain hats and rain coats will be provided for employees required to perform a majority of their work out-of-doors. (Police Department employees see Appendix G.) Section 2. Commercial Drivers License. The employer will reimburse non-probationary employees for the difference between the cost of an operators license and Commercial Drivers License and any endorsements or restriction removals when the employee's job requirement includes possession of such license. When available, the City will provide equipment necessary to take the applicable tests. ARTICLE 19 RECOVERY AND REHABILITATION PROGRAM Section 1. Voluntary Referral Service. The City will provide where possible a voluntary referral service for employees with personal problems. Employees who suspect they may have a work problem even in the early stages are encouraged to seek treatment or counseling. All such requests and/or referrals in Section 3 for service will be treated in a confidential manner. Every attempt will be made to assist employees in obtaining needed services if they voluntarily request such assistance. Section 2. Problem Drinking. In the inferest of providing efficient services to the public the City recognizes that employee alcoholism can and should be treated. Educational materials on problem drinking .may be requested from the Human Relations office. All bargaining unit employees are eligible for treatment and rehabilitation for alcoholism or problem drinking through the City's referral service and other available community resources. Alcoholism as an illness is not a cause for discipline per se; however, interference with job performance may be subject to discipline. Every attempt will be made by the City and the Union to assist employees with drinking problems to obtain needed assistance. Rehabilitation assistance will be offered, but if job performance is not raised to an acceptable level, disciplinary action will be taken. Section 3. Procedure. Supervisors who identify work problems or stewards who identify personal problems may refer employees to the Human Relations office for assistance in obtaining educational and rehabilitation services for alcoholism or other personal problems which influence performance. Nothing in this section relieves employees of responsibility for their conduct on the job. ARTICLE 20 GRIEVANCE PROCEDURE Section 1. Definitions. The word "grievance" wherever used in this Agreement shall mean any dispute between the City and the Union or any employee with regard to the meaning, application, or violation of any of the terms and provisions of this Agreement. The word "working day" shall be defined as any day except Saturday and Sunday and holidays listed in Article 9, Section 1, excluding the personal leave day, for purposes of this section. mgr\asst\unionslafscme\Ioc183ag.doc 24 Section 2. Representation. An employee who is a member of the bargaining unit covered by this Agreement shall have the right to be represented by a steward at any grievance hearing or at any step of the grievance procedure, if he/she chooses. Employees are also entitled to representation by a steward at disciplinary conferences. Stewards will not attend other conferences between supervisors and employees except with the supervisor's approval. The Union will certify the names and addresses of the designated stewards to the City Personnel Administrator. In the absence of such certification the City will not be obligated under this Article to release any employee from duty for the purposes of investigating a grievance or representing another employee in any disciplinary or grievance proceeding. The City will compensate not more than one employee steward for the investigation of a grievance. If a second City employee has a special office in the Union handling grievances, that employee may request released time from his/her supervisor, and permission to work on the grievance will not be unreasonably withheld, but the City will not provide compensation for time spent. Any stewards who are City employees shall be released from work for not more than two (2) hours in one work week to work on grievance resolution. The employee will obtain permission from the immediate supervisor before investigating the grievance, but such permission will not be unreasonably withheld. Released time under this section is limited to grievance resolution. Notwithstanding any of the above, the Union President shall be released from work without loss of pay for a reasonable amount of time during any work week to work on grievance resolution. Supervisors and stewards agree to handle discipline and grievances with discretion. Section 3. Limitations. Unless a grievance is appealed as hereinafter provided, it shall have no further validity or effect. Time limits may be extended by mutual agreement of the parties. Any monetary award or compensation arising out of the resolution of a grievance is limited to the period of time sixty (60) days prior to the filing of the grievance regardless of the length of the practice giving rise to the grievance or the employee's lack of knowledge thereof. The following provisions will apply to interpretation of the above language: 1. Pay corrections in matters involving inaccuracies in payment of base pay and merit increases or inaccuracies created by data entry or other Accounting Division error will be made retroactive to the date of the error, which may be greater than sixty (60) days. 2. Any other type of payment error will be subject to the 60 day limitation on retroactive pay as outlined in Article 20. Section 4. Procedures. A grievance that may arise shall be processed and settled in the following manner: A. Step 1. The grievance shall be presented orally for discussion between the employee grievant, the steward if the employee chooses to be represented by a steward, and the employee's immediate supervisor within seven (7) working days after the knowledge of the event giving rise to the grievance. The supervisor shall deliver the answer verbally to the aggrieved employee or steward within seven (7) working days after the Step 1 conference. The date of the oral presentation of the grievance and the date of the verbal response shall be certified in writing. If no response is received from the supervisor within seven (7) working days the grievance will be processed pursuant to Step 2. B. Step 2. If the grievance is not resolved by Step 1, the aggrieved employee or his/her steward (if applicable) shall, within seven (7) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, two (2) to be filed with the Department Director or designated representative and one (1) to be filed with the Union. For Library employees the grievance must be filed at this Step with the Library Director or designee. The written grievance shall contain a statement from the employee of the facts and section of this Agreement grieved and specifying what relief or remedy is desired. The grievant and steward shall include on the written grievance their names and the addresses to which they wish a response to be sent. mgr\asst\unions\afscme\1oc183ag.doc 2rJ The grievant, steward and department director shall meet within seven (7) working days to discuss the grievance. The Department Director shall issue a decision in writing within seven (7) working days following the meeting. C. Step 3. A grievance not resolved by Step 2 shall be submitted to the City Manager or his/her designee within fifteen (15) working days of the date of receipt of the written decision referred to in Step 2. A meeting between the parties may be held if requested in writing. Such meeting shall be held within fifteen (15) working days. The City Manager will respond to the grievant and steward within fifteen (15) working days following receipt of the grievance or the third step meeting (if requested). D. Arbitration. Grievances not resolved at Step 3 of the Grievance Procedure may be submitted to a third party for arbitration. A request for arbitration must be submitted by written notice to the other party within ten (10) working days following receipt of the City Manager's decision at Step 3. Copies of any such request will be~furnished to the City and to the Union. The cost of arbitration and recording the same shall be divided equally between the parties to this Agreement. The cost of a certified court report, if requested by the arbitrator, shall be divided equally between the parties. Each party will pay for the cost of its own case preparation and for expenses of witnesses. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the Union within five (5) working days after notice has been given. If the parties fail to select an arbitrator, a request by either or both parties shall be made to the Federal Mediation and Conciliation Service or the Iowa Public Employment Relations Board to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The party giving notice for arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The arbitrator shall have the power to interpret, apply, and enforce this written Agreement but shall have no power to add to, subtract from, or modify the terms thereof. The rules of evidence and the nature of conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, applicable rules and regulations. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The parties of the grievance, their witnesses and representatives shall have the right to be present at the grievance arbitration in addition to the arbitrator. Other persons may be present at arbitration hearings as the parties may mutually agree. Either party shall have the 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. Section 5. Labor-Management Committee. The Labor-Management Committee shall consist of the persons designated by the Union and the City. Not more than four (4) bargaining unit employees may be excused to attend meetings held during working hours. Representatives or agents of the parties may be present at grievance committee meetings. a. Bargaining unit employees (not more than four) excused from work to attend committee meetings will be paid for all regular duty time spent at such meetings. b. "Representatives or agents of the parties" as referenced above means only those representatives or agents retained by AFSCME and does not include, for the purpose of pay, officers, stewards, or other members of the bargaining unit. mgr\asst\unions\afscme\loc'183ag.doc 26 c. It is thus understood that the City shall in no circumstances be obliged to pay more than four (4) bargaining unit employees for duty time spent in attendance at a Labor-Management Committee meeting under the terms and provisions of this Section, except in such cases where said provisions may be voluntarily waived by both parties to the agreement. Meetings shall be no longer than two (2) hours in length and shall be scheduled to alternate between the working hours and non-working hours of the labor members unless mutually agreed otherwise. The function of the Labor-Management Committee shall be to meet and confer monthly with the City during the life of the contract for the purpose of adjusting pending grievances and to discuss procedures for avoiding future grievances (including safety matters) provided that: a. No topics will come. before the Labor-Management Committee which are proper subjects for negotiations (e.g., new demands, changed circumstances, requests for new language, etc.); except for the investigation and discussion of cost containment features to health insurance. Any such features recommended by the committee must be ratified by the City and the Union prior to implementation. b. Every agenda item will be investigated before the meeting with the appropriate Department Director or designee. (Public Works -- Division Heads). Section 6. Employee Involvement Efforts. The parties agree to actively pursue employee involvement efforts which will provide for joint problem-solving and more effective communication and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. ARTICLE 21 PAY PLAN Section 1. Classification Plan. The classification plan for bargaining unit employees is attached to this Agreement (see Appendix A). The pay plan in effect on June 26, 2010 shall be adjusted upward by one and thiry-five hundredths percent (1.35%) effective June 27, 2010. The pay plan in effect on December 25, 2010 shall be adjusted upward by one and one-half percent (1.5%) effective December 26, 2010. The pay plan in effect on June 25, 2011, shall be adjusted upward by one and thirty-five hundredths percent (1.35%) effective June 26, 20011. The pay plan in effect on December 24, 2011 shall be adjusted upward by one and one-half percent (1.5%) effective December 25, 2011. The effective date of compensation adjustments and benefit adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7, inclusive. Effective dates over the next four years, for example, are as follows: June 27, 2010 June 24, 2012 June 26, 2011 July 7, 2013 Section 2. Merit Plan. The pay plan is based on performance evaluations and merit. The City will justify the denial of merit increases following the employee's eligibility date. An employee who does not receive a merit increase on his/her eligibility date may file a Step 2 grievance. mgr\asst\unions\afscmelloc~ 83ag.doc 27 Section 3. Pav Plan. Each range of the pay classification plan will contain six (6) steps (1- 6). Employees at Step 1 are eligible for review and an increase to Step 2 after six (6) months. Step 1 will be determined by the City unilaterally based on market information and other factors relating to the particular job title for which the wage is being set. Employees on Steps 2-6 are eligible for review and an increase to the next step annually. Employees on Step 6 or those who are outside of the range are not eligible for step increases. Section 4. Equipment Mechanics Stipend. Each of the Equipment Division employees who is required to provide a complete set of mechanics tools will receive fifty dollars ($50.00) on or before July 15 of each of the contract years of this Agreement. Section 5. Longevity Pav. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last payday in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $325.00 10 years 500.00 15 years 650.00 20 years 800.00 25 years 1,050.00 Employees who terminate will receive a prorata share of the longevity payment reflected in their final check. The proration will be based on the nearest whole month of the year. Section 6. Pre-Tax Advantage Program. The Employer will offer employees a program, consistent with IRS regulations, through which employees may elect to make pre-tax reductions in taxable wages which will be paid to an account from which dependent care and health/dental premiums and expenses not covered by insurance will be paid. Section 7. Time Cards and Time Sheets. For all City employees, the City shall provide the employee an opportunity to review their time card and time sheet at the same time. ARTICLE 22 AUTHORIZED REPRESENTATION, ENTIRE AGREEMENT AND WAIVER All negotiations or bargaining with respect to the terms and conditions of this Agreement shall be conducted by authorized representatives of the Union and the City. Agreements reached as a result of such negotiations shall become effective only when signed by the authorized representatives of the parties. This Agreement supersedes and cancels all previous agreements and practices between the Employer and the Union and constitutes the entire Agreement between the parties and concludes collective bargaining for its duration. All parties to this Agreement waive each and every right to negotiate to which they would otherwise be entitled under the laws of the State of Iowa. mgr\asst\unionslafscme\Ioc183ag.doc 28 ARTICLE 23 GENERAL CONDITIONS Section 1. This agreement shall be construed under the laws of Iowa. Section 2. The City agrees to meet and confer at reasonable times with the Union on mandatory items to the fullest extent required by law and to provide to the Union a copy of the City Personnel Rules and Regulations and any amendments as adopted by Council. Comments on rules and the need for revisions in rules and regulations may be discussed by the Labor- Management Committee but any new negotiations on mandatory items or other items will be conducted only by authorized teams in compliance with this complete Agreement. Section 3. The City and the Union agree they will not act to discriminate because of race, creed, color, sex, age, national origin, gender identity, disability, religion, marital status, sexual orientation, or political affiliation unless the reason for the discrimination isjob-related or otherwise allowed by law. Section 4. Early Retirement Incentive. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing any early retirement incentive program. Such program must be applied on a unit-wide basis and participation will be voluntary. Section 5. Pay-period. The City will give the Union notice and opportunity to discuss, at a labor management committee meeting, prior to implementing apay-schedule other than bi- weekly. ARTICLE 24 DURATION OF AGREEMENT This agreement shall be in effect between July 1, 2007, and June 30, 2010. Furthermore, this contract shall continue from year to year subsequent to June 30, 2010, unless written notice to change or modify it is mailed or hand-delivered by either party to the other party prior to September 15 of the year preceding the expiration date or any extension thereof, and received by the other party no later than September 25 of that same year or the next working day thereafter. ARTICLE 25 SAVINGS CLAUSE Should any Article, Section, or any portion thereof of this Agreement be held unlawful and unenforceable by operation of law or by any tribunal of competent jurisdiction, such decision shall apply only to the specific Article, Section or portion thereof declared null and void in the decision and the remainder of this Agreement shall remain in full force and effect. Neither party shall be required as a result of their agreement with each other to conduct themselves in a manner which would cause them to neglect their duties under law or to engage in activities in violation of the law. If replacement provisions are deemed necessary by the Union or Management they shall be negotiated immediately. Cases involving issues cognizable under the Iowa Civil Service Law (Chapter 400 et. seq. as amended) shall not be subject to the grievance and arbitration provisions of this contract unless this contract specifically regulates the issue(s) in question. mgr\asst\unions\afscme11oc183ag.doc 29 mgr\asst\unions\afscme11oc183ag.doc 3~ THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183 By: ' PRESIDENT r By: TEAM MEMBERS By: AFSCME/Iowa Council 61 CITY OF IOWA CITY, IOWA By: ~Q%~a -~'l,~ MA'S'O R ATTEST: ~iar-r~~~ ~~ 9~~%~ Ap C VTY A =1c~- ~-~~. LIBRARY BOARD OF IOWA CITY, IOWA AFSCME JOB TITLE LIST FY11 (JUNE 26, 2010) PayQrade: Job Title 1 Custodian -Government Buildings MW I -Recreation MW I -Senior Center Custodian -Transit Custodian -Library Receptionist -Senior Center 2 Cashier -Parking Purchasing Clerk MW I -Meter Reader MW I -Parking Systems MW I -Pools MW I -Transit MW I -Library Animal Center Assistant 3 Cashier-Revenue Clerical Assistant -Cable TV MW I -Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Equipment Clerk MW I -Water Plant MW I - Governmentt Buildings 4 Account Clerk -Accounting Account Clerk -Revenue Clerk/Typist -Solid Waste MW I -Refuse MW I -Streets MW II -Cemetery MW II -Parking Systems Police Records Clerk Library Clerk Senior Clerk/Typist -Recreation Animal Care Technician Clerk/Typist -Parks & Forestry MW I -Wastewater Treatment Swimming Pool Asst Parking Clerk 5 MW II -Parks MW II-Transportation Services MW II -Recreation MW II -Transit MW II - CBD MW II -Forestry MW II -Library MW II -Government Buildings APPENDIX A -Page 1 Payprade: Job Title 6 Buyer I -Equipment Community Service Officer Library Assistant I Mass Transit Operator Recycle Clerk -Landfill Buyer I -Purchasing Senior Police Records Clerk CSO -Station Master 7 Library Assistant II MW II -Refuse MW II -Wastewater Treatment Parts/Data Entry Clerk -Transit Production Assistant -Cable TV Program Assistant -Community Development Operations Assistant -Senior Center Senior Clerk/Typist -Streets Senior Clerk/Typist -Wastewater Housing Assistant MWII -Water Distribution Customer Service Representative -Transit Animal Services Officer Community Service Officer -Evidence MW II -Signs MW II -Water Service Customer Service Representative -Revenue Customer Service Representative -Parking 8 Engineering Technician Laboratory Technician-Wastewater Library Assistant III MW III -Forestry MW II -Streets MW III -Cemetery MW III -Landfill MW III -Parks Senior Accounts Payable Clerk Special Projects Assistant -Cable TV Public Information Assistant - PCD MWIII -Refuse Housing Inspector Asst MW III -Pools MW III -Water Service Parts/Inventory Clerk -Equipment Laboratory Technician -Water AFSCME JOB TITLE LIST FY11 (JUNE 26, 2010) Pay4rade: Job Title 9 Buyer II Community Programmer Emergency Communications Dispatcher Mechanic I -Equipment Office Coordinator -Recreation Senior Engineering Technician Senior Library Assistant Housing Program Assistant MW III -Senior Center Communications Technician -Cable TV Landfill Operator 10 Housing Inspector Housing Office Manager Maintenance Operator -Wastewater TPO -Wastewater Treatment TPO -Water Maintenance Operator -Water 11 Housing Rehabilitation Specialist MW III -Streets MW III -Wastewater Collection Mechanic II -Equipment Microcomputer Specialist -Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant -Payroll MWIII -Lead Sweeper Operator Electrician - TE MW III -Water Distribution Electrician - WW 12 Construction Inspector II Electronics Technician -Wastewater Librarian I Senior MW - CBD Senior MW -Forestry Senior MW -Parks Senior MW - Turfgrass Specialist Utilities Technician -Water Building Inspector Senior MW -Landfill Public Information/Education Coord - PW Recycling Coordinator Utilities Technician -Engineering Body Repair Mechanic Housing/bevel Reg Inspector Environmental Coordinator-Landfill APPENDIX A -Page 2 Pavarade: Job Title 13 Chemist Development Regulation Specialist Electronics Technician -Traffic Eng FSS Program Coord Librarian II Mechanic III -Equipment (DAY) Mechanic III -Equipment (EVE) Senior Accountant -Accounting Senior Accountant -Revenue Survey Party Chief Mechanic III -Transit Internal Auditor 14 Program Specialist -Senior Center Recreation Program Supervisor Senior Construction Inspector Senior MW -Streets Senior MW -Wastewater Plant Senior MW -Water Dist Senior TPO -Wastewater Volunteer Spec - Sr Center Senior TPO -Water Network Database Specialist -Library Senior MW -Water Plant Customer Service Coord Senior MW -Parking & Transit Senior MW -Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Human Services Coordinator Senior Librarian IOWA 500 IOWA 500 HEALTH CARE COVERAGE APPENDIX B IOWA 500 coverage combines basic Blue Cross hospital, Blue Shield physician and Major Medical coverages into a single program using deductibles and co-payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscr1 tier's share never exceeds the out of pocket maximum per contract per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs -and rates - in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 PHYSICIAN SERVICES 90/10 Inpatient • Semi-private room and board • Necessary services and supplies Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services Accident care HOME HEALTH CARE 90110 • Home and office visits • One routine annual physical exam • Pre-natal and post-natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. 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: B-2 These other services are subject to a contract deductible per calendar year. • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private-duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO-PAYMENT • Hospital -The Subscriber is responsible for the first two days of semi-private room and board. Per Hospital Admission. • Physician -The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services -The Subscriber first pays the deductible per contract per calendar year ($200 in 2011 and $350 in 2012 and thereafter) for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach the out of pocket maximum per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach the out of pocket maximum, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of the annual out of pocket maximum. (Outpatient treatment for nervous and mental conditions is paid 90/10 co- payment until the $10,000 Lifetime Maximum is met. Copayment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum.) CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible. Hospital Physician Other Covered Services Services Services $200 deductible (eff. 1/1/11) 1 or 2 da deductible 90%/10% $350 deductible eff. 1/1/12 90%/10% until out of pocket maximum Out of Pocket Maximum: $600 (eff. 1/1/11) $800 (eff. 1/1/12) IOWA 500 PAYS 100% of Covered Services humanrel/iowa500 plan.doc 4-1A B-2a ALLIANCE Program Provisions 1) The ALLIANCE~program consists of seven program components. They are: .. Prc-Admission Certrfication Blue Cross and Blue Shield must be notified prior to arty non-emergency orplanned inpatient admission to a hospital, skilled nursing facility, mental health institution, or use of home health care or hospice program services. Admission Review Blue Cross and Biue Shield must be notified of all emergency and maternity admissions within 24 horns. Continued Stay Review Ali hospital stays will be reviewed to ensure that continued hospitalization. home care, hospice or other services are ~'call~y necessary to meet the patient's ongoing health Individual Case Management Foos is placed on special needs of patients with severe illnesses or injuries. Arrangement may be made to waive standard coverage limitations or exdusions that might otherwise hinder alternative care arrangements outside the hospital. Mandatory Outpatient Surgery Certain surgeries and procedures can be safely performed on an outpatient basis without sacrifidng the quality of care This requirement will be waived if inpatient admission is medically necessary. Additional Home Health Care and Hospice Benefits Coverage is provided for services not usually offered in traditional coverage. Additional home health Benefits provide expanded coverage for: • Skilled nursing services • Physical therapy • Speech therapy • Occupational therapy • Medical social services come health aide services - Enteral and parenteral nutrition • Prescription drugs and medicines administered intravenously or intramuscularly • Medical supplies Hospice care has been added to include respite care, a means by which services can be provided to rciieve an individual caring for a terminally ill patient at home. Also induded under hospice care are continuous home care and general inpatient care services. Hospital Bill Audits Experienced Blue Cross and Blue Shield auditors will review a random sample of bills over 510,000. This ensures that the charges are appropriate and represent services actually received. 2) Wh~at-happens if you fail to .obtain prior approval for anon- emergency orplanned admission? • Always obtain pre-admission certification pnorto any non- emergency orplanned inpatient admissioru. Failure to do so will result in a substantial penalty, perhaps as much as 50 percent, Cher which any applicable deducrible and ooinsunurce amounts tai11 be applied to the narraining ba/once. Remember, it is your responsibility to make sure the call is placed. Remember that it is not necessary to contact Blue Cross .and Blue Shield unless you are admitted as an inpatient to a health care facility or to receive home health or hospice services. For example, if you obtain care on an outpatient basis ('ie., visit the doctoi s office or go to a hospital emergency room or dinic~ and you are not admitted for inpatient treatment. you need not contact us. • Always notify Blue Cross and Blue Shield of all emergency and maternity admissions within 24 hours. If you fail to do ~so, you will be responsible for the room-and-board charges for any days it is determined your condition did not require inpatient hospitalization. 3) To appeal a possible reduction of benefits: • You or your physidan may ask for a reconsideration of the decision. All requests should be made in writing and submitted by eitheryou or your physician. • You must appeal a benefit reduction within six months of receipt of notice for failure to notify Blue Cross and Blue Shield of an emergency or maternity admission within 24 hours. ALLIANCE...working with you, for you! Summary of Banat DELTA DENTAL COVERAGE Oelte Dental Plan of lo++va oowrape not only provides • variety of benefits but also enawntpes timely and affective dental maintenance. Mon than ~ of the dentists M bwa participate in the Oelta Dental program. Delia pental payment is based on usual, Customary and Reasonable allowances. wbject to deductible and copayrnent provi- lfbu Dsha Dental program indudes a 'medical ity~ Provision which enwns oownpe for dental senricxs provided within generally atxspted dental pracxice;. -_ like Blue Cross and 8iue Shield of lows, the peps Dente! Plan receives daims drotxly from participating dentists. And we pay them dirocily for you. That eliminates daim~-handling chores for you and your employees -and saves valuable time and moneK To provide a program to meet your~oompany~s needs. Delia Dental Plsn benefits aro available with deductibles, oopayments and maxi- mum payment eliowanoes for covered services. These benefits are combined to meet your needs: Pn+rntjv IiAalrranana benefit includes: • Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals, • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Full-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Orai surgery Cncluding pro- and post-operative care). • Emergency treatment for rotief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. •Root canal fillings. • Non-surgical treatment for gum diseases. B-3 . Delta Oenta! Plan ~,,,~- ~,.~ ~ of Iowa Delta Oantal Plan of Iowa ~ _ $_4 RAC QuoTa~oN PLAN II Propnm Benefitz D~~e ~ 8tnplalFam~ ~ Preventive Maintenance Glnrwatl S -_._ x ~ Routine Restorative s 25/75. 5_p _ x ©Major Restorative s 5- p_'6 ^ Dental P'rostheticx S. ~ ^ Periodontics S x ------ ^ Orthodontia S . ~ ^Dependents to age . _ ^ Full~ime students D Adults Program Maximums Single S -- _ 5` per year Fsmihi S -~`S~_. per memt~eG per year Lifetime benefit maximum on Orthodontics S Program Rates Single S ________ per month Family S _ per month These rates guaranteed for ~? months beginning on 7-1-85 !deal ff purchased by ~ 7-1-85 , Ideal 'Rates quoted here m based upon census information provided and acquiring and maintaining a mi ' enrollmer; o190S: of total eligible employees for the duration of the eorttract. AWfOraedW I ~~ D~\ .~ fJate This is a general iption of coverage. h is not a statement of contract. Actual otlverape is subjet3t to the terms and conditions spedfied in the eoruraei itself and enrollment regulations in ioroe when the oontraci becomes effective. Oelta Dental Plan _..~_~ M~111 a~1 ~t B-4 (FY03) City of Iowa City Dental Benefit Plan 711/02 through 6130103 Individual Annual Maximum Orthodontic Lifetime Maximum $1,000 NA Deductible Single $25 Family $75 100% Diagnostic & Preventive Deductible Waived 80% Routine and Restorative Deductible Applies 80% Perodontics Deductible Applies Surgical Periodontics -Not Covered 50% Endontics Deductible Applies 50% Cast Restorations Deductible Applies ~ ~G~~~ b ~~ FR - 2 2001 HUMAN RES ~~RCES~PERS pNNEt ~~~ ~ ~ ~~ 3126!01 AFSCME PAYPLAN FY11 (JUNE 27, 2010) APPENDIX C - 1 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian -Govt Bldgs $14.19 $15.92 $16.41 $17.00 $17.52 $18.12 MW I -Recreation $1,135.20 $1,273.60 $1,312.80 $1,360.00 $1,401.60 $1,449.60 MW I - Sr Center $29,515.20 $33,113.60 $34,132.80 $35,360.00 $36,441.60 $37,689.60 Custodian -Transit Custodian -Library Receptionist - Sr Center 2 Cashier -Parking Purchasing Clerk MW I -Meter Reader MW I -Parking Systems MW I -Pools MW I -Transit MW I -Library Animal Center Assistant 3 Cashier-Revenue Clerical Assist -Cable TV MW I -Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Equipment Clerk MW I -Water Plant MW I -Govt Bldgs 4 Account Clerk - Acctng Account Clerk -Revenue Clerk/Typist -Solid Waste MW I -Refuse MW I -Streets MW II -Cemetery MW II -Parking Systems -Night Police Records Clerk Library Clerk Sr Clerk/Typist -Recreation Animal Care Technician Clerk/Typist -Parks & Forestry MW I -Wastewater Treatment Swimming Pool Asst Parking Clerk $14.62 $16.41 $17.00 $17.52 $18.12 $18.75 $1,169.60 $1,312.80 $1,360.00 $1,401.60 $1,449.60 $1,500.00 $30,409.60 $34,132.80 $35,360.00 $36,441.60 $37,689.60 $39,000.00 $15.11 $17.00 $17.52 $18.12 $18.75 $19.40 $1,208.80 $1,360.00 $1,401.60 $1,449.60 $1,500.00 $1,552.00 $31,428.80 $35,360.00 $36,441.60 $37,689.60 $39,000.00 $40,352.00 $15.65 $17.52 $18.12 $18.75 $19.40 $20.13 $1,252.00 $1,401.60 $1,449.60 $1,500.00 $1,552.00 $1,610.40 $32,552.00 $36,441.60 $37,689.60 $39,000.00 $40,352.00 $41,870.40 AFSCME FY11 contract.xls AFSCME PAYPLAN FY11 (JUNE 27, 2010) APPENDIX C - 1 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 MW II -Parks $16.22 $18.10 $18.65 $19.25 $19.97 $20.60 MW II -Transportation Serv. $1,297.60 $1,448.00 $1,492.00 $1,540.00 $1,597.60 $1,648.00 MW II -Recreation $33,737.60 $37,648.00 $38,792.00 $40,040.00 $41,537.60 $42,848.00 MW II -Transit MW II - CBD MW II -Forestry MW II -Library MW II -Govt Bldg Buyer I -Equipment $16.73 $18.75 $19.40 $20.13 $20.82 $21.55 Community Service Officer $1,338.40 $1,500.00 $1,552.00 $1,610.40 $1,665.60 $1,724.00 Library Assistant I $34,798.40 $39,000.00 $40,352:00 $41,870.40 $43,305.60 $44,824.00 Mass Transit Operator Recycle Clerk -Landfill Buyer I -Purchasing Sr Police Records Clerk CSO-Station Master Library Assistant II $17.32 $19.40 $20.13 $20.82 $21.55 $22.33 MW II -Refuse $1,385.60 $1,552.00 $1,610.40 $1,665.60 $1,724.00 $1,786.40 MW II -Wastewater Treatment $36,025.60 $40,352.00 $41,870.40 $43,305.60 $44,824.00 $46,446.40 Parts/Data Entry Clk -Transit Production Assistant -Cable TV Program Assistant -Comm Dev Operations Asst - Sr Center Sr Clerk/Typist -Streets Sr Clerk/Typist -Wastewater Housing Assistant MWII -Water Dist. Customer Serv Rep -Transit Animal Services Officer CSO -Evidence MW II -Signs MW II -Water Service Customer Serv Rep -Revenue Customer Serv Rep -Parking Engineering Technician $17.88 $20.13 $20.82 $21.55 $22.33 $23.14 Laboratory Technician - WW $1,430.40 $1,610.40 $1,665.60 $1,724.00 $1,786.40 $1,851.20 Library Assistant III $37,190.40 $41,870.40 $43,305.60 $44,824.00 $46,446.40 $48,131.20 MW III -Forestry MW II -Streets MW III -Cemetery MW III -Landfill MW III -Parks Sr Accounts Payable Clerk Special Projects Asst -Cable Public Information Assistant- PCD MWIII -Refuse Housing Inspector Asst MW III -Pools MW III -Water Service Parts/Inventory Clerk -Equip Laboratory Technician -Water AFSCME FY11 contract.xls AFSCME PAYPLAN FY11 (JUNE 27, 2010) APPENDIX C - 1 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $18.43 $20.60 $21.31 $22.06 $22.84 $23.66 Community Programmer $1,474.40 $1,648.00 $1,704.80 $1,764.80 $1,827.20 $1,892.80 Emergency Comm Dispatcher $38,334.40 $42,848.00 $44,324.80 $45,884.80 $47,507.20 $49,212.80 Mechanic I -Equipment Office Coord -Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III -Senior Center Communications Tech -Cable Landfill Operator 10 Housing Inspector $18.95 $21.21 $21.91 $22.63 $23.44 $24.24 Housing Office Manager $1,516.00 $1,696.80 $1,752.80 $1,810.40 $1,875.20 $1,939.20 Maint Operator -Wastewater $39,416.00 $44,116.80 $45,572.80 $47,070.40 $48,755.20 $50,419.20 TPO -Wastewater Treatment TPO -Water Maintenance Operator- Water 11 Housing Rehab Specialist $20.21 $22.33 $23.14 $24.09 $24.92 $25.85 MW III-Streets $1,616.80 $1,786.40 $1,851.20 $1,927.20 $1,993.60 $2,068.00 MW III -Wastewater Collection $42,036.80 $46,446.40 $48,131.20 $50,107.20 $51,833.60 $53,768.00 Mechanic II -Equipment Microcomputer Specialist -Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant -Payroll MW III -Lead Sweeper Oper Electrician - TE MW III -Water Dist Electrician - WW 12 Construction Inspector II $21.15 $23.12 $23.91 $24.80 $25.69 $26.53 Electronics Tech -Wastewater $1,692.00 $1,849.60 $1,912.80 $1,984.00 $2,055.20 $2,122.40 Librarian I $43,992.00 $48,089.60 $49,732.80 $51,584.00 $53,435.20 $55,182.40 Sr MW - CBD Sr MW -Forestry Sr MW -Parks Sr MW - Turfgrass Specialist Utilities Technician -Water Building Inspector Sr MW -Landfill Public Info/Ed Coord - PW Recycling Coordinator Utilities Tech -Engineering Body Repair Mechanic Housing/bevel Reg Inspector Environmental Coord. -Landfill AFSCME FY11 contract.xls AFSCME PAYPLAN FY11 (JUNE 27, 2010) APPENDIX C - 1 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist Development Reg Specialist Elec Tech -Traffic Eng FSS Program Coord Librarian II Mechanic III -Equipment (DAY) Mechanic III -Equipment (EVE) Sr Accountant - Acctng Sr Accountant -Revenue Survey Party Chief Mechanic III -Transit Internal Auditor 14 Program Spec - Sr Center Rec Program Supervisor Sr Construction Inspector Sr MW -Streets Sr MW -Wastewater Plant Sr MW -Water Dist Sr TPO -Wastewater Volunteer Spec - Sr Center Sr. TPO -Water Network Database Specialist -Library Sr MW -Water Plant Customer Service Coord Sr MW -Parking & Transit Sr MW -Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Human Services Coord Sr Librarian $21.84 $24.09 $24.92 $25.85 $26.86 $27.85 $1,747.20 $1,927.20 $1,993.60 $2,068.00 $2,148.80 $2,228.00 $45,427.20 $50,107.20 $51,833.60 $53,768.00 $55,868.80 $57,928.00 $22.65 $24.92 $25.85 $26.86 $27.85 $28.73 $1,812.00 $1,993.60 $2,068.00 $2,148.80 $2,228.00 $2,298.40 $47,112.00 $51,833.60 $53,768.00 $55,868.80 $57,928.00 $59,758.40 $23.66 $25.88 $26.89 $27.90 $28.78 $29.78 $1,892.80 $2,070.40 $2,151.20 $2,232.00 $2,302.40 $2,382.40 $49,212.80 $53,830.40 $55,931.20 $58,032.00 $59,862.40 $61,942.40 AFSCME FY11 contract.xis AFSCME PAYPLAN FY11 (DECEMBER 26, 2010) APPENDIX C - 2 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian -Govt Bldgs MW I -Recreation MW I - Sr Center Custodian -Transit Custodian -Library Receptionist - Sr Center 2 Cashier -Parking Purchasing Clerk MW I -Meter Reader MW I -Parking Systems MW I -Pools MW I -Transit MW I -Library Animal Center Assistant 3 Cashier-Revenue Clerical Assist -Cable TV MW I -Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Equipment Clerk MW I -Water Plant MW I -Govt Bldgs 4 Account Clerk - Acctng Account Clerk -Revenue Clerk/Typist -Solid Waste MW I -Refuse MW I -Streets MW II -Cemetery MW II -Parking Systems -Night Police Records Clerk Library Clerk Sr Clerk/Typist -Recreation Animal Care Technician Clerk/Typist -Parks & Forestry MW I -Wastewater Treatment Swimming Pool Asst Parking Clerk $14.40 $16.16 $16.65 $17.25 $17.79 $18.39 $1,152.00 $1,292.80 $1,332.00 $1,380.00 $1,423.20 $1,471.20 $29,952.00 $33,612.80 $34,632.00 $35,880.00 $37,003.20 $38,251.20 $14.84 $16.65 $17.25 $17.79 $18.39 $19.03 $1,187.20 $1,332.00 $1,380.00 $1,423.20 $1,471.20 $1,522.40 $30,867.20 $34,632.00 $35,880.00 $37,003.20 $38,251.20 $39,582.40 $15.34 $17.25 $17.79 $18.39 $19.03 $19.69 $1,227.20 $1,380.00 $1,423.20 $1,471.20 $1,522.40 $1,575.20 $31,907.20 $35,880.00 $37,003.20 $38,251.20 $39,582.40 $40,955.20 $15.88 $17.79 $18.39 $19.03 $19.69 $20.43 $1,270.40 $1,423.20 $1,471.20 $1,522.40 $1,575.20 $1,634.40 $33,030.40 $37,003.20 $38,251.20 $39,582.40 $40,955.20 $42,494.40 AFSCME FY11 contract 2.xls AFSCME PAYPLAN FY11 (DECEMBER 26, 2010) APPENDIX C - 2 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II -Parks $16.46 $18.37 $18.93 $19.54 $20.27 $20.91 MW II -Transportation Serv. $1,316.80 $1,469.60 $1,514.40 $1,563.20 $1,621.60 $1,672.80 MW II -Recreation $34,236.80 $38,209.60 $39,374.40 $40,643.20 $42,161.60 $43,492.80 MW II -Transit MW II - CBD MW II -Forestry MW II -Library MW II -Govt Bldg 6 Buyer I -Equipment $16.98 $19.03 $19.69 $20.43 $21.13 $21.87 Community Service Officer $1,358.40 $1,522.40 $1,575.20 $1,634.40 $1,690.40 $1,749.60 Library Assistant I $35,318.40 $39,582.40 $40,955.20 $42,494.40 $43,950.40 $45,489.60 Mass Transit Operator Recycle Clerk -Landfill Buyer I -Purchasing Sr Police Records Clerk CSO -Station Master 7 Library Assistant II $17.58 $19.69 $20.43 $21.13 $21.87 $22.66 MW II -Refuse $1,406.40 $1,575.20 $1,634.40 $1,690.40 $1,749.60 $1,812.80 MW II -Wastewater Treatment $36,566.40 $40,955.20 $42,494.40 $43,950.40 $45,489.60 $47,132.80 Parts/Data Entry Clk -Transit Production Assistant -Cable TV Program Assistant -Comm Dev Operations Asst - Sr Center Sr Clerk/Typist -Streets Sr Clerk/Typist -Wastewater Housing Assistant MWII -Water Dist. Customer Serv Rep -Transit Animal Services Officer CSO -Evidence MW II -Signs MW II -Water Service Customer Serv Rep -Revenue Customer Serv Rep -Parking 8 Engineering Technician $18.15 $20.43 $21.13 $21.87 $22.66 $23.49 Laboratory Technician - WW $1,452.00 $1,634.40 $1,690.40 $1,749.60 $1,812.80 $1,879.20 Library Assistant III $37,752.00 $42,494.40 $43,950.40 $45,489.60 $47,132.80 $48,859.20 MW III -Forestry MW II -Streets MW III -Cemetery ' MW III -Landfill MW III -Parks Sr Accounts Payable Clerk Special Projects Asst -Cable Public Information Assistant - PCD MWIII -Refuse Housing Inspector Asst MW III -Pools MW III -Water Service Parts/Inventory Clerk -Equip Laboratory Technician -Water AFSCME FY11 contract 2.xls AFSCME PAYPLAN FY11 (DECEMBER 26, 2010) APPENDIX C - 2 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $18.70 $20.91 $21.63 $22.39 $23.19 $24.01 Community Programmer $1,496.00 $1,672.80 $1,730.40 $1,791.20 $1,855.20 $1,920.80 Emergency Comm Dispatcher $38,896.00 $43,492.80 $44,990.40 $46,571.20 $48,235.20 $49,940.80 Mechanic I -Equipment Office Coord -Recreation Sr Engineering Tech Sr Library Assistant . Housing Program Assistant MW Ilf -Senior Center Communications Tech -Cable Landfill Operator 10 Housing Inspector $19.24 $21.53 $22.24 $22.97 $23.79 $24.61 Housing Office Manager $1,539.20 $1,722.40 $1,779.20 $1,837.60 $1,903.20 $1,968.80 MaintOperator-Wastewater $40,019.20 $44,782.40 $46,259.20 $47,777.60 $49,483.20 $51,188.80 TPO -Wastewater Treatment TPO -Water Maintenance Operator- Water 11 Housing Rehab Specialist $20.51 $22.66 $23.49 $24.45 $25.30 $26.24 MW III -Streets $1,640.80 $1,812.80 $1,879.20 $1,956.00 $2,024.00 $2,099.20 MW III -Wastewater Collection $42,660.80 $47,132.80 $48,859.20 $50,856.00 $52,624.00 $54,579.20 Mechanic II -Equipment Microcomputer Specialist -Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant -Payroll MW III -Lead Sweeper Oper Electrician - TE MW III -Water Dist Electrician - WW 12 Construction Inspector II $21.47 $23.46 $24.27 $25.17 $26.08 $26.93 Electronics Tech -Wastewater $1,717.60 $1,876.80 $1,941.60 $2,013.60 $2,086.40 $2,154.40 Librarian I $44,657.60 $48,796.80 $50,481.60 $52,353.60 $54,246.40 $56,014.40 Sr MW - CBD Sr MW -Forestry Sr MW -Parks Sr MW - Turfgrass Specialist Utilities Technician -Water Building Inspector Sr MW -Landfill Public Info/Ed Coord - PW Recycling Coordinator Utilities Tech -Engineering Body Repair Mechanic Housing/bevel Reg Inspector Environmental Coord. -Landfill AFSCME FY11 contract 2.xls AFSCME PAYPLAN FY11 (DECEMBER 26, 2010) APPENDIX C - 2 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4__ STEP 5 STEP 6 13 Chemist $22.17 $24.45 $25.30 $26.24 $27.26 $28.27 Development Reg Specialist $1,773.60 $1,956.00 $2,024.00 $2,099.20 $2,180.80 $2,261.60 Elec Tech -Traffic Eng $46,113.60 $50,856.00 $52,624.00 $54,579.20 $56,700.80 $58,801.60 FSS Program Coord Librarian II Mechanic III -Equipment (DAY) Mechanic III -Equipment (EVE) Sr Accountant - Acctng Sr Accountant -Revenue Survey Party Chief Mechanic III -Transit Internal Auditor 14 Program Spec - Sr Center $22.99 $25.30 $26.24 $27.26 $28.27 $29.16 Rec Program Supervisor $1,839.20 $2,024.00 $2,099.20 $2,180.80 $2,261.60 $2,332.80 Sr Construction Inspector $47,819.20 $52,624.00 $54,579.20 $56,700.80 $58,801.60 $60,652.80 Sr MW -Streets Sr MW -Wastewater Plant Sr MW -Water Dist Sr TPO -Wastewater Volunteer Spec - Sr Center Sr. TPO -Water Network Database Specialist -Library Sr MW -Water Plant Customer Service Coord Sr MW -Parking & Transit Sr MW -Wastewater Coll 15 Associate Planner $24.01 $26.27 $27.29 $28.32 $29.22 $30.22 Civil Engineer $1,920.80 $2,101.60 $2,183.20 $2,265.60 $2,337.60 $2,417.60 Human Rights Investigator $49,940.80 $54,641.60 $56,763.20 $58,905.60 $60,777.60 $62,857.60 Human Services Coord Sr Librarian AFSCME FY11 contract 2.xls AFSCME PAYPLAN FY12 (JUNE 26, 2011) APPENDIX C - 3 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian -Govt Bldgs $14.60 $16.38 $16.88 $17.48 $18.03 $18.64 MW I -Recreation $1,168.00 $1,310.40 $1,350.40 $1,398.40 $1,442.40 $1,491.20 MW I - Sr Center $30,368.00 $34,070.40 $35,110.40 $36,358.40 $37,502.40 $38,771.20 Custodian -Transit Custodian -Library Receptionist - Sr Center 2 Cashier -Parking Purchasing Clerk MW I -Meter Reader MW I -Parking Systems MW I -Pools MW I -Transit MW I -Library Animal Center Assistant 3 Cashier-Revenue Clerical Assist -Cable TV MW I -Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Equipment Clerk MW I -Water Plant MW I -Govt Bldgs 4 Account Clerk - Acctng Account Clerk -Revenue Clerk/Typist -Solid Waste MW I -Refuse MW I -Streets MW II -Cemetery MW II -Parking Systems -Night Police Records Clerk Library Clerk Sr Clerk/Typist -Recreation Animal Care Technician Clerk/Typist -Parks & Forestry MW I -Wastewater Treatment Swimming Pool Asst Parking Clerk $15.04 $16.88 $17.48 $18.03 $18.64 $19.29 $1,203.20 $1,350.40 $1,398.40 $1,442.40 $1,491.20 $1,543.20 $31,283.20 $35,110.40 $36,358.40 $37,502.40 $38,771.20 $40,123.20 $15.55 $17.48 $18.03 $18.64 $19.29 $19.96 $1,244.00 $1,398.40 $1,442.40 $1,491.20 $1,543.20 $1,596.80 $32,344.00 $36,358.40 $37,502.40 $38,771.20 $40,123.20 $41,516.80 $16.10 $18.03 $18.64 $19.29 $19.96 $20.71 $1,288.00 $1,442.40 $1,491.20 $1,543.20 $1,596.80 $1,656.80 $33,488.00 $37,502.40 $38,771.20 $40,123.20 $41,516.80 $43,076.80 AFSCME FY12 contract.xls AFSCME PAYPLAN FY12 (JUNE 26, 2011) APPENDIX C - 3 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II -Parks $16.68 $18.62 $19.18 $19.80 $20.54 $21.20 MW II -Transportation Serv. $1,334.40 $1,489.60 $1,534.40 $1,584.00 $1,643.20 $1,696.00 MW II -Recreation $34,694.40 $38,729.60 $39,894.40 $41,184.00 $42,723.20 $44,096.00 MW II -Transit MW II - CBD MW II -Forestry MW II -Library MW II -Govt Bldg 6 Buyer I -Equipment $17.21 $19.29 $19.96 $20.71 $21.41 $22.17 Community Service Officer $1,376.80 $1,543.20 $1,596.80 $1,656.80 $1,712.80 $1,773.60 Library Assistant I $35,796.80 $40,123.20 $41,516.80 $43,076.80 $44,532.80 $46,113.60 Mass Transit Operator Recycle Clerk -Landfill Buyer I -Purchasing Sr Police Records Clerk CSO -Station Master 7 Library Assistant II $17.82 $19.96 $20.71 $21.41 $22.17 $22.97 MW II -Refuse $1,425.60 $1,596.80 $1,656.80 $1,712.80 $1,773.60 $1,837.60 MW II -Wastewater Treatment $37,065.60 $41,516.80 $43,076.80 $44,532.80 $46,113.60 $47,777.60 Parts/Data Entry Clk -Transit Production Assistant -Cable TV Program Assistant -Comm Dev Operations Asst - Sr Center Sr Clerk/Typist -Streets Sr Clerk/Typist -Wastewater Housing Assistant MWII -Water Dist. Customer Serv Rep -Transit Animal Services Officer CSO -Evidence MW II -Signs MW II -Water Service Customer Serv Rep -Revenue Customer Serv Rep -Parking 8 Engineering Technician $18.39 $20.71 $21.41 $22.17 $22.97 $23.80 Laboratory Technician - WW $1,471.20 $1,656.80 $1,712.80 $1,773.60 $1,837.60 $1,904.00 Library Assistant III $38,251.20 $43,076.80 $44,532.80 $46,113.60 $47,777.60 $49,504.00 MW III -Forestry MW II -Streets MW III -Cemetery MW III -Landfill MW III -Parks Sr Accounts Payable Clerk Special Projects Asst -Cable Public Information Assistant - PCD MWIII -Refuse Housing Inspector Asst MW III -Pools MW III -Water Service Parts/Inventory Clerk -Equip Laboratory Technician -Water AFSCME FY12 contract.xls AFSCME PAYPLAN FY12 (JUNE 26, 2011) APPENDIX C - 3 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II Community Programmer Emergency Comm Dispatcher Mechanic I -Equipment Office Coord -Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III -Senior Center Communications Tech -Cable Landfill Operator 10 Housing Inspector Housing Office Manager Maint Operator -Wastewater TPO -Wastewater Treatment TPO -Water Maintenance Operator -Water 11 Housing Rehab Specialist MW III -Streets MW III -Wastewater Collection Mechanic II -Equipment Microcomputer Specialist -Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant -Payroll MW III -Lead Sweeper Oper Electrician - TE MW III -Water Dist Electrician - WW 12 Construction Inspector II Electronics Tech -Wastewater Librarian I Sr MW - CBD Sr MW -Forestry Sr MW -Parks Sr MW - Turfgrass Specialist Utilities Technician -Water Building Inspector Sr MW -Landfill Public Info/Ed Coord - PW Recycling Coordinator Utilities Tech -Engineering Body Repair Mechanic Housing/bevel Reg Inspector Environmental Coord. -Landfill $18.95 $21.20 $21.93 $22.70 $23.50 $24.33 $1,516.00 $1,696.00 $1,754.40 $1,816.00 $1,880.00 $1,946.40 $39,416.00 $44,096.00 $45,614.40 $47,216.00 $48,880.00 $50,606.40 $19.50 $1,560.00 $40,560.00 $20.79 $1,663.20 $43,243.20 $21.76 $1, 740.80 $45,260.80 $21.82 $1, 745.60 $45,385.60 $22.97 $1, 837.60 $47,777.60 $23.78 $1, 902.40 $49,462.40 $22.54 $1,803.20 $46,883.20 $23.80 $1, 904.00 $49,504.00 $24.59 $1, 967.20 $51,147.20 AFSCME FY12 contract.xls $23.28 $1, 862.40 $48,422.40 $24.78 $1,982.40 $51,542.40 $25.51 $2,040.80 $53,060.80 $24.12 $1, 929.60 $50,169.60 $25.64 $2,051.20 $53,331.20 $26.43 $2,114.40 $54,974.40 $24.94 $1,995.20 $51,875.20 $26.60 $2,128.00 $55,328.00 $27.30 $2 ,184.00 $56,784.00 AFSCME PAYPLAN FY12 (JUNE 26, 2011) APPENDIX C - 3 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist Development Reg Specialist Elec Tech -Traffic Eng FSS Program Coord Librarian II Mechanic III -Equipment (DAY) Mechanic III -Equipment (EVE) Sr Accountant - Acctng Sr Accountant -Revenue Survey Party Chief Mechanic III -Transit Internal Auditor 14 Program Spec - Sr Center Rec Program Supervisor Sr Construction Inspector Sr MW -Streets Sr MW -Wastewater Plant Sr MW -Water Dist Sr TPO -Wastewater Volunteer Spec - Sr Center Sr. TPO -Water Network Database Specialist -Library Sr MW -Water Plant Customer Service Coord Sr MW -Parking & Transit Sr MW -Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Human Services Coord Sr Librarian $22.47 $24.78 $25.64 $26.60 $27.63 $28.65 $1,797.60 $1,982.40 $2,051.20 $2,128.00 $2,210.40 $2,292.00 $46,737.60 $51,542.40 $53,331.20 $55,328.00 $57,470.40 $59,592.00 $23.30 $25.64 $26.60 $27.63 $28.65 $29.56 $1,864.00 $2,051.20 $2,128.00 $2,210.40 $2,292.00 $2,364.80 $48,464.00 $53,331.20 $55,328.00 $57,470.40 $59,592.00 $61,484.80 $24.33 $26.63 $27.66 $28.70 $29.61 $30.63 $1,946.40 $2,130.40 $2,212.80 $2,296.00 $2,368.80 $2,450.40 $50,606.40 $55,390.40 $57,532.80 $59,696.00 $61,588.80 $63,710.40 AFSCME FY12 contract.xls AFSCME PAYPLAN FY12 (DECEMBER 25, 2011) APPENDIX C - 4 Page 1 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 1 Custodian -Govt Bldgs $14.82 $16.62 $17.13 $17.75 $18.30 $18.92 MW I -Recreation $1,185.60 $1,329.60 $1,370.40 $1,420.00 $1,464.00 $1,513.60 MW I - Sr Center $30,825.60 $34,569.60 $35,630.40 $36,920.00 $38,064.00 $39,353.60 Custodian -Transit Custodian -Library Receptionist - Sr Center 2 Cashier -Parking Purchasing Clerk MW I -Meter Reader MW I -Parking Systems MW I -Pools MW I -Transit MW I -Library Animal Center Assistant 3 Cashier-Revenue Clerical Assist -Cable TV MW I -Water Customer Service Parking Enforcement Attendant Scalehouse Operator Water Services Clerk Equipment Clerk MW I -Water Plant MW I -Govt Bldgs 4 Account Clerk - Acctng Account Clerk -Revenue Clerk/Typist -Solid Waste MW I -Refuse MW I -Streets MW II -Cemetery MW II -Parking Systems -Night Police Records Clerk Library Clerk Sr Clerk/Typist -Recreation Animal Care Technician Clerk/Typist -Parks & Forestry MW I -Wastewater Treatment Swimming Pool Asst Parking Clerk $15.27 $17.13 $17.75 $18.30 $18.92 $19.58 $1,221.60 $1,370.40 $1,420.00 $1,464.00 $1,513.60 $1,566.40 $31,761.60 $35,630.40 $36,920.00 $38,064.00 $39,353.60 $40,726.40 $15.78 $17.75 $18.30 $18.92 $19.58 $20.25 $1,262.40 $1,420.00 $1,464.00 $1,513.60 $1,566.40 $1,620.00 $32,822.40 $36,920.00 $38,064.00 $39,353.60 $40,726.40 $42,120.00 $16.34 $18.30 $18.92 $19.58 $20.25 $21.02 $1,307.20 $1,464.00 $1,513.60 $1,566.40 $1,620.00 $1,681.60 $33,987.20 $38,064.00 $39,353.60 $40,726.40 $42,120.00 $43,721.60 AFSCME FY12 contract 2.xls AFSCME PAYPLAN FY12 (DECEMBER 25, 2011) APPENDIX C - 4 Page 2 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 5 MW II -Parks $16.93 $18.90 $19.47 $20.10 $20.85 $21.51 MW II -Transportation Serv. $1,354.40 $1,512.00 $1,557.60 $1,608.00 $1,668.00 $1,720.80 MW II -Recreation $35,214.40 $39,312.00 $40,497.60 $41,808.00 $43,368.00 $44,740.80 MW II -Transit MW II - CBD MW II -Forestry MW II -Library MW II -Govt Bldg 6 Buyer I -Equipment $17.47 $19.58 $20.25 $21.02 $21.74 $22.50 Community Service Officer $1,397.60 $1,566.40 $1,620.00 $1,681.60 $1,739.20 $1,800.00 LibraryAssistantl $36,337.60 $40,726.40 $42,120.00 $43,721.60 $45,219.20 $46,800.00 Mass Transit Operator Recycle Clerk -Landfill Buyer I -Purchasing Sr Police Records Clerk CSO -Station Master 7 Library Assistant II $18.09 $20.25 $21.02 $21.74 $22.50 $23.31 MW II -Refuse $1,447.20 $1,620.00 $1,681.60 $1,739.20 $1,800.00 $1,864.80 MW II -Wastewater Treatment $37,627.20 $42,120.00 $43,721.60 $45,219.20 $46,800.00 $48,484.80 Parts/Data Entry Clk -Transit Production Assistant -Cable TV Program Assistant -Comm Dev Operations Asst - Sr Center Sr Clerk/Typist -Streets Sr Clerk/Typist -Wastewater Housing Assistant MWII -Water Dist. Customer Serv Rep -Transit Animal Services Officer CSO -Evidence MW II -Signs MW II -Water Service Customer Serv Rep -Revenue Customer Serv Rep -Parking 8 Engineering Technician $18.67 $21.02 $21.74 $22.50 $23.31 $24.16 Laboratory Technician-WW $1,493.60 $1,681.60 $1,739.20 $1,800.00 $1,864.80 $1,932.80 Library Assistant III $38,833.60 $43,721.60 $45,219.20 $46,800.00 $48,484.80 $50,252.80 MW III -Forestry MW II -Streets MW III -Cemetery MW III -Landfill MW III -Parks Sr Accounts Payable Clerk Special Projects Asst -Cable Public Information Assistant - PCD MWIII -Refuse Housing Inspector Asst MW III -Pools MW III -Water Service Parts/Inventory Clerk -Equip Laboratory Technician -Water AFSCME FY12 contract 2.xls AFSCME PAYPLAN FY12 (DECEMBER 25, 2011) APPENDIX C - 4 Page 3 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 9 Buyer II $19.24 $21.51 $22.25 $23.04 $23.85 $24.70 Community Programmer $1,539.20 $1,720.80 $1,780.00 $1,843.20 $1,908.00 $1,976.00 Emergency Comm Dispatcher $40,019.20 $44,740.80 $46,280.00 $47,923.20 $49,608.00 $51,376.00 Mechanic I -Equipment Office Coord -Recreation Sr Engineering Tech Sr Library Assistant Housing Program Assistant MW III -Senior Center Communications Tech -Cable Landfill Operator 10 Housing Inspector $19.79 $22.15 $22.88 $23.63 $24.48 $25.31 Housing Office Manager $1,583.20 $1,772.00 $1,830.40 $1,890.40 $1,958.40 $2,024.80 Maint Operator- Wastewater $41,163.20 $46,072.00 $47,590.40 $49,150.40 $50,918.40 $52,644.80 TPO -Wastewater Treatment TPO -Water Maintenance Operator -Water 11 Housing Rehab Specialist $21.10 $23.31 $24.16 $25.15 $26.02 $27.00 MW III -Streets $1,688.00 $1,864.80 $1,932.80 $2,012.00 $2,081.60 $2,160.00 MW III -Wastewater Collection $43,888.00 $48,484.80 $50,252.80 $52,312.00 $54,121.60 $56,160.00 Mechanic II -Equipment Microcomputer Specialist -Library Special Projects Inspector Library Web Specialist Mechanic II - Transit Accountant -Payroll MW III -Lead Sweeper Oper Electrician - TE MW III -Water Dist Electrician - WW 12 Construction Inspector II $22.09 $24.14 $24.96 $25.89 $26.83 $27.70 Electronics Tech -Wastewater $1,767.20 $1,931.20 $1,996.80 $2,071.20 $2,146.40 $2,216.00 Librarian I $45,947.20 $50,211.20 $51,916.80 $53,851.20 $55,806.40 $57,616.00 Sr MW - CBD Sr MW -Forestry Sr MW -Parks Sr MW - Turfgrass Specialist Utilities Technician -Water Building Inspector Sr MW -Landfill Public Info/Ed Coord - PW Recycling Coordinator Utilities Tech -Engineering Body Repair Mechanic Housing/bevel Reg Inspector Environmental Coord. -Landfill AFSCME FY12 contract 2.xls AFSCME PAYPLAN FY12 (DECEMBER 25, 2011) APPENDIX C - 4 Page 4 PAYGRADE: STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 13 Chemist Development Reg Specialist Elec Tech -Traffic Eng FSS Program Coord Librarian II Mechanic III -Equipment (DAY) Mechanic Ill -Equipment (EVE) Sr Accountant - Acctng Sr Accountant -Revenue Survey Party Chief Mechanic III -Transit Internal Auditor 14 Program Spec - Sr Center Rec Program Supervisor Sr Construction Inspector Sr MW -Streets Sr MW -Wastewater Plant Sr MW -Water Dist Sr TPO -Wastewater Volunteer Spec - Sr Center Sr. TPO -Water Network Database Specialist -Library Sr MW -Water Plant Customer Service Coord Sr MW -Parking & Transit Sr MW -Wastewater Coll 15 Associate Planner Civil Engineer Human Rights Investigator Human Services Coord Sr Librarian $22.80 $25.15 $26.02 $27.00 $28.04 $29.08 $1,824.00 $2,012.00 $2,081.60 $2,160.00 $2,243.20 $2,326.40 $47,424.00 $52,312.00 $54,121.60 $56,160.00 $58,323.20 $60,486.40 $23.65 $26.02 $27.00 $28.04 $29.08 $30.00 $1,892.00 $2,081.60 $2,160.00 $2,243.20 $2,326.40 $2,400.00 $49,192.00 $54,121.60 $56,160.00 $58,323.20 $60,486.40 $62,400.00 $24.70 $27.03 $28.07 $29.13 $30.05 $31.09 $1,976.00 $2,162.40 $2,245.60 $2,330.40 $2,404.00 $2,487.20 $51,376.00 $56,222.40 $58,385.60 $60,590.40 $62,504.00 $64,667.20 AFSCME FY12 contract 2.xls APPENDIX D Classification Review Procedures Section 1. Purpose The Classification Review Committee will be responsible for maintaining fair and equitable classification of all AFSCME positions, for classifying new AFSCME positions, and resolving disputes over position classification. Section 2. Evaluation Instrument The Committee will use the Austin-Peters evaluation instrument used in the 2006 study and shall have responsibility for modification or interpretation of the evaluation instrument. Section 3. Committee Membership and Structure 1. The Classification Review Committee shall be comprised of ten members, five to be selected by the City, and five to be selected from the Union. Members will be selected based on their knowledge of a wide range of City jobs and operations. The Union will select its representatives to the Committee, subject to the City's ability to excuse the individual employee from his/her duties for the length of time necessary to accomplish the Committee's objectives. Selection of Union representatives will not be unreasonably denied. The Personnel Administrator will preside as facilitator. Section 4. Meetings 1. The Committee will meet as necessary to hear all classification review requests by employees, at the call of the Personnel Administrator, normally no later than 60 days following submission of an appeal. 2. Committee members will be compensated for all meeting time during the employee's regularly scheduled working hours. Section 5. Rules 1. All decisions of the Committee, except where otherwise noted, will be considered to be passed upon a simple majority of its members, which shall constitute a quorum. 2. In the event that the Committee is unable to achieve simple majority approval of any specific classification or compensation decision, classification or compensation of the position in question will remain unchanged. 3. A management committee member may vote in place of any absent Management Committee members. A Union committee member may vote in place of any absent Union member. D-2 4. The Classification Review Committee may waive, modify or amend any of the sections of this article as specified, upon unanimous vote of the Committee. The Committee shall determine all other necessary operating rules and procedures. 5. No new pay range or classification adjustments will be made without approval of the Committee. Section 6. Classification Reviews 1. Employees will be informed of the procedures for requesting a review of the classification of their position; provided, however, no reviews shall be conducted for one year following initial implementation of the study. 2. An employee may only request a review of his/her own position. Requests may also be made by a group of employees all holding the same job title. 3. An employee or group of employees requesting a review of the classification of a position will complete and submit information as requested by the Committee. 4. Employees will be allowed to make an oral presentation to the Classification Review Committee, within time limits imposed by the Committee. Oral presentations will be made in closed session if the employee so desires. 5. The employee's supervisor or other Administrative employees may be called for questioning by the Committee at the request of the Personnel Administrator. 6. The employee requesting review will be compensated for work time spent in the Committee meeting, except that if a group presentation is made, only two employees will be compensated. 7. Classification reviews may be initiated by the Personnel Administrator. Employees in the position being reviewed will be given ten working days notice of the review and will be entitled to all rights as outlined in this section. 8. Committee deliberations will be conducted in closed session. Section 7. New Positions 1. Newly created positions will be classified by the Personnel Administrator initially, with the classification of the position reviewed by the Committee, upon request, six months following the position being filled. Section 8. Salary Adjustments 1. No new salary ranges will be created except for labor market impacted positions. 2. If the classification of a position is decreased, the salary of affected incumbent employees will not be reduced. D-3 3. Employees in positions found to be under-classified will receive a salary adjustment equal to: a. the minimum of the new salary range, if below the minimum, or b. a one-step increase (step to be defined as the percentage difference between steps in the salary range), if salary will fall on or below the maximum of the new range. Section 9. Labor Market Adjustments Salary information will not be considered in the classification of a position. 2. Compensation of a position may be appealed by the affected employee, or group of employees, to the Committee utilizing the procedure in Section 6. 3. In the event that salary maximum of a position is shown to be under-paid by at least 15 percent (15°/0) based on relative comparable positions in other cities (provided a minimum of four cities report comparable positions), the Classification Review Committee may vote to temporarily assign the position to a newly created salary range. If less than four cities report comparable positions, the newly created salary range increases shall not exceed 15 percent (15%). Special grade assignments will expire at the end of every fiscal year. Salary survey evidence will be based only on a survey of comparable positions in the top ten cities (by population) in Iowa and may be presented by either Management or the Union. (Example: Position Y, Grade Y, Range $1,000-$1,300, 15 percent off the market moved to Grade YA, $1,150-$1,495. Range width remains the same, salary maximum increases by survey average.) 4. Upon employee appeal, a salary survey will be conducted by the Personnel Administrator and presented to the Committee. The employee may also present salary information conforming to the above survey criteria (information to be gathered on the time and at the expense of the employee). Section 10. Funding Decisions of the Committee will be effective the first day of the next pay period following City Council approval. Section 11. Impasse Procedures The actions and decisions of the Classification Review Committee shall not be subject to the grievance/arbitration procedure of any collective bargaining agreement. Section 12. Release of Technical Information Preservation of the integrity of the evaluation system necessitates that information regarding the rating and point value of the specific evaluation questions be limited to prevent manipulation of those points. No member of the Classification Review Committee will be permitted access to weighting information. D-4 Section 13. City Council Approval All decisions of the Committee are subject to the approval of the City Council and availability of funding prior to implementation. Section 14. Duration The parties understand that this procedure is a continuation of an experimental program and is itself experimental. This procedure shall be used to determine classification review requests during FY08-FY10 and then will be continued in effect thereafter only by mutual agreement of the parties. RE: Letter of May 14, 2007 Mgr\asst\\unions\afscme\appendix.d APPENDIX E CONTRACT SIDE LETTER ON LIBRARY SCHEDULING After staffing needs for public service areas have been determined by each department, permanent schedules for these areas will be bid on three times annually to be effective January 1 to May 30, June 1 to August 31, and September 1 to December 31. Beginning with the Summer 2007 scheduling period, each department with an evening rotation will identify, by seniority, any staff in that rotation who prefer to work a 5:00-8:00 shift on Friday evening. If all Friday evening shifts are filled, scheduling for weekend and nights will proceed as below with the exception that persons who have chosen to work Friday evenings are not eligible to opt out of evening work. Any Friday evening shifts not filled in this manner will be scheduled as a weekend rotation as indicated below. Seniority will be used for the purpose of allowing employees to choose those weekends, those nights and those 9-6 shifts that they do not wish to work. Each schedule period the senior employee in each participating department will indicate those nights, weekends, and 9-6 shifts they do not wish to work. The second senior person will choose next, etc. Each employee will work a similar number of weekends, evenings and 9-6 shifts during the schedule period. If supervisors participate in evenings, weekend and 9-6 shift work on a regular basis, their seniority will be used to decide their place in the selection process. In the event that the Library staffing needs can be met without the necessity of scheduling all employees for a regular night or 9-6 shift, the senior employee who has not rejected night or 9-6 shift work for a previous schedule period shall have first choice in turning down night or 9-6 shift work for the next schedule period. When all employees have been offered the first choice, then the first choice reverts back to the senior most employee. Employees will be allowed to trade work periods with the approval of the department head. In the event an employee desires weekend, evening or 9-6 shift work that employee will be given preference for that work provided it meets the needs of the department. There shall be no regular split shifts except by the agreement of the employee involved. RE: November 27, 1978 December 12, 2006 mgr\asst\unions\afscme\1oc183ag. doc E-2 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Library employees may request to work 6 partial days; for example, one-half day on Saturday and one-half day on Monday, where staffing permits. The basis to determine adequate staffing will be enough people within one department electing the option to make it viable. For permanent full- time library employees who elect this option, work performed on the 7th day of the work week shall be considered overtime. Library employees working scheduled overtime on Sunday will have the option at the beginning of each permanent scheduling period to designate whether the time will be taken as compensatory time, or paid, at the rate of one and one half hours for each hour worked. Compensatory time off can be changed through mutual agreement at the same time and in the same manner as other scheduling or leave changes. Employees who wish to change their option of pay or time compensation within a scheduling period may submit a request to their supervisor in the same manner as other scheduling and leave changes. The Library will honor requests of this nature whenever staffing and financial resources permit, with the understanding on both sides that no reasonable request will be unreasonably denied. RE: July 23, 1982 mgrlasst\unions\afscme\Ioc183ag. doc E-3 AMENDMENTS TO CONTRACT SIDE LETTER ON LIBRARY SCHEDULING Beginning with the fall 2001 Library scheduling period, such periods will be bid on three times annually effective the first Saturday after New Year's Day, the first Saturday on or after May I", and the first Saturday after Labor Day. The second paragraph of the November 27, 1978 Contract Side Letter on Library Scheduling is amended to clarify that the selection list to determine who works an evening in a scheduling period will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. To maintain seniority advantage, new employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. As a result, although the lists will originally be in seniority order, they may fall out of exact seniority order over time due to employee turnover. In accordance with Article 9, Section 6, when the Library is operating and open on City approved holidays, schedules will be selected as follows: The selection list for holiday shifts given compensatory time will be routed starting with the person on the list after the last person to make a choice in the previous schedule period. New employees will be added at the bottom of the list when it is routed for the next schedule period after their hire. During the departmental routing of the selection list of holiday shifts given compensatory time, part-time employees will select one shift before passing the list while full-time employees will select two. If not all shifts are filled after each employee has made their selection(s), the list will be routed again starting at the top of the list. No part-time employee may be required to work more than one shift per holiday. Conflicts will be resolved by the department manager and the affected employees. The selection list for paid holidays routes in seniority order. During its routing employees may select only one shift. If not all shifts are filled after the initial routing is complete, the list will be routed once again until all shifts are filled. If after re-routing all shifts are not filled, the manager will assign shifts in reverse seniority order. No employee may select nor be assigned more than one shift per paid holiday. Schedule period packets will include an opportunity for those who wish to accept extra Sundays to be identified. After Sunday shifts have been distributed equally, managers will distribute any extra Sunday shifts to those requesting additional ones. If no staff member accepts an extra shift, they will be distributed to departmental permanent staff in the Sunday rotation on a fair and impartial basis. In addition, staff may relinquish up to one additional Sunday shift per schedule period, if the department head determines that staff are available to accept such additional shifts. Extra shifts chosen through this voluntary process are available for pay only. Employees cannot regain their shift after it has been reassigned. RE: October 10, 2000 mgr\asstlunions\afscme\1oc183ag. doc APPENDIX G-1 MEMORANDUM OF UNDERSTANDING City of Iowa City and American Federation of State, County and Municipal Employees AFL-CIO, Local 183 Re: Article XVIII Clothing and Equipment, Section 1 Having met and conferred regarding bargaining unit personnel in the Police Department who are required to wear uniforms; specifically, Animal Control Officers, Community Service Officers, and Police Dispatchers/Police Desk Clerks, the parties have agreed to waive the provisions of Article 18, Section 1 in lieu of the following: A. The above referenced employees who are required to wear special uniforms will be provided with such uniforms. Required uniforms currently include the following. Community Service Officer a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. c. One winter and one summer regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Three regulation ties. g. Regulation hat/cap. h. Two pairs of regulation winter gloves. 2. Animal Control Officers a. Six winter and six summer permanent press regulation shirts. b. Six pairs of regulation trousers. c. One regulation jacket. d. One regulation raincoat. e. One regulation pants belt. f. Two pairs of regulation winter gloves. Police Dispatchers, Police Desk Clerks a. Six winter and six summer permanent press regulation shirts. b. Four pairs of regulation trousers. c. One regulation pants belt. d. Three regulation ties. B. Upon submission of receipts by an employee, the City shall pay for the cleaning of uniforms or for the purchase of regulation shoes related to employment up to a total annual allowance of one hundred dollars ($100) per employee. Receipts shall be submitted to the Chief of Police or his/her designee by the first day of the month and shall be paid by the City within 30 days. mgrlasst\u nion s\atscme\loc 183 ag. d oc G-2 C. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. D. Replacement: Clothing damaged in the line of duty shall be ordered within seven days of receipt of the report of loss or damage. 2. All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven days of receipt by the designated supervisor. Parties understand and agree that the above uniform items shall continue to be provided by the City as long as they continue to be required uniform wear as determined by the Chief of Police. re: March 11, 1991 mgr\asst\unions\afscme\P,FSCME Contract FY11.doc APPENDIX H MEMORANDUM OF UNDERSTANDING 6ETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The Faarties agree as follows: Treatment Plant Operators -Wastewater Treatment Plant, will continue to receive shift differential based on the practice in effect on January 1, 1994, provided the then current schedule remains in effect. For Unio _ For the / v President Assistant City a ac SIDE LETTER OF AGREEMENT . BETWEEN THE CITY O~ IOWA CITY AND AFSCME LOCAL #183 JULY 1, 1994 The parties agree as follows: At mutually agreed upon times during the 1996-1999 Contract, the investigation and discussion of on-site childcare and/or childcare vouchers will be considered a proper topic for consideration by the Labor-Management Committee referred to in Article 20, Section 5. For the U ' Presiders For the City: A Assistant -City an er \, SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF IOWA CITY AND AFSCME LOCAL #183 JULY 1, 2007 The parties agree as follows: The job classifications recommended for an upgrade as a result of the classification study will move to the new paygrade effective June 30, 2007. Employees in those classifications will move to the new paygrade on that date. Employees at step 6 longer than 12 months as of June 30, 2007, will receive an increase equal to 3.5% in addition to the across-the-board increase of 3.25%, provided that no employee will receive a wage rate that is lower than Step 1 or higher than Step 6 of the new paygrade. Thereafter, employees previously at step 6 will have a new eligibility date which will be the first day of each fiscal year. If an employee was placed on Step 1 or between steps 1 and 2 of the new paygrade, they will be eligible for a review and increase on the earlier of their current annual evaluation date or a new annual evaluation date of January 1. These employees will be eligible for the greater of 3.5% or step 2 at that time. Following implementation of the study, for employees above step 2 but between steps, future step increases will be equal to the % difference between the next lower and the next higher step. No employee will have a wage rate higher than step 6. Employees currently (as of June 29, 2007) in positions being downgraded will be treated as if their classification has not been changed. They will continue to receive all negotiated across-the-board increases, as well as step increases where applicable, as long as they remain as an employee of the City in their current position. Positions being downgraded are as follows: Position Old Range New Range MWI-Library (1 person remains an MWI, Range 2 & 2 people are retit-ed Custodian-Library, Range 1) 2 1 Customer Service Rep-Parking (retitled Parking Clerk) 7 4 Buyer II -Purchasing (1 person remains a Buyer II, 9 6 Range 9 & 1 person is retitled Buyer I, Range 6 Customer Service Rep -Revenue 9 7 Page Supervisor (retitled Sr. Library Assistant) 11 9 For the Union: For the City: President Assistant City Wage Mgr/asstlunions/side letter 7-07.doc h~~+a 24 Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 10-269 RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY TO BE EFFECTIVE JULY 1, 2010 THROUGH JUNE 30, 2011. WHEREAS, the City of Iowa City, Iowa (hereinafter the City), and the Police Labor Relations Organization of Iowa City (hereinafter the Union), through their designated. bargaining representatives, have negotiated a collective bargaining agreement to be effective July 1, 2010, through June 30, 2011, 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 10th day of May , 20 10 ATTEST: / y rJ~-_-~'~~'~' CIT CLERK It was moved by Bailey and upon roll call there were: AYES: X -~- ~- ~- ~- X /humanrel/res/police contract -11.doc `~fl .. MAYOR a ov kz~ ~` ity At me vOffic ~~ and seconded by Wright the Resolution be adopted, NAYS: ABSENT: Bailey X Champion Dickens Hayek Mims Wilburn Wright CONTRACT BETWEEN CITY OF IOWA CITY AND THE POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY JULY 1, 2010 TO JUNE 30, 2011 TABLE OF CONTENTS ARTICLE PAGE ................................................................................................ Preamble ................................. 1 2 Article I -- Recognition ............................................................................ ................................. 2 Article II -- Management Rights ............................................................. ................................. Article III -- Check Off ............................................................................ .................................. 2 Article IV --Union Business Agents ....................................:................. .................................. 3 Article V -- Union Meetings ................................................................... .................................. 3 Article VI -- Bulletin Boards .............................:..................................... .................................. 3 y ............................................................................. Article VII -- Seniorit .................................. 4 Article VIII -- Daily and Weekly Hours of Work ..................................... .................................. 4 y .............................................................. Article IX -- Overtime-Standb .................................. 6 Article X -- Holidays ............................................................................... .................................. 7 Article XI -- Vacations ............................................................................ .................................. 8 Article XI I --Sick Leave ......................................................................... .................................. 8 Article XIII -- Special Leaves ................................................................. .................................. 9 Article XIV -- Lay-Offs ............................................................................ .................................. 11 Article XV -- Training ............................................................................. .................................. 12 Article XVI -- Personnel Transactions -Rules ......................:............... .................................. 12 Article XVII -- Watch Transfers .............................................................. .................................. 13 Article XVIII -- Insurance ....................................................................... .................................. 13 Article XIX -- Equipment ........................................................................ .................................. 13 Article XX -- Weapons and Special Equipment .................................... .................................. 14 Article XXI -- Adequate Facilities ........................................................... .................................. 14 Article XXII -- Uniforms ...........................................................:.............. .................................. 15 y ..................................................... Article XXIII -- Duty Outside the Cit .................................. 15 Article XXIV --Supplemental Employment ........................................... .................................. 15 Article XXV -- Position Classification .................................................... .................................. 16 Article XXVI -- Grievance Procedure .................................................... .................................. 16 Article XXVII -- Effective Period ............................................................ .................................. 19 Article XXVIII -- Compensation ............................................................. .................................. 19 9 Y ......................................................... Article XXIX -- Public Emer enc .................................. 20 Article XXX -- General Conditions ......................................................... .................................. 20 PREAMBLE THIS AGREEMENT is executed by the CITY OF IOWA CITY, IOWA, called "City," and the POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY called "Union." The City and the Union agree that the provisions of this Agreement shall apply to all officers covered by the Agreement without discrimination. , That parties specifically agree to the following Articles: 2 ARTICLE l RECOGNITION Section 1. The City recognizes the Union as the exclusive bargaining agent for all employees within the classification set forth in Section 2 of this Article. Section 2. The bargaining unit covered by this Agreement shall include all Iowa City police officers and does not include the Police Chief, Captains, Lieutenants, Sergeants, and any other individuals who are or may become confidential, administrative, supervisory, or less than half-time employees or those excluded by Chapter 20, Code of Iowa. Section 3. The City and the Union will negotiate only through authorized representatives and there will be no private agreements between officers and supervisors contrary to the terms in this Agreement. Section 4. The City agrees that it will not sponsor or promote, financially or otherwise, any other group or labor organization, for the purpose of undermining the Union; nor will it interfere with, restrain, coerce, or discriminate against any of its employees in connection with their membership in the Union. ARTICLE ll MANAGEMENT RIGHTS Section 1. Except as limited by the provisions of this Agreement, nothing herein shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City under the laws of the State of Iowa and the City's ordinance. These rights, powers and authority include, but are not limited to, the following: a. To direct the work of its employees. b. To hire, promote, demote, transfer, assign and retain officers within the Iowa City Police Department. c. . To suspend or discharge officers for proper cause: d. To maintain the efficiency of governmental operations. e. To relieve officers from duties because of lack of work or for other legitimate reasons. f. To determine and implement methods, means, assignments in personnel by which its operations are to be conducted and to develop and enforce rules of work and safety standards. g. To take such actions as may be necessary to carry out its mission. h. To initiate, prepare, certify and administer its budget. i. To exercise all powers and duties granted to it by law. ARTICLE 111 CHECK OFF Section 1. The City agrees to deduct Union membership fees and dues in a Specific dollar amount once each month from the pay of those employees who individually authorize in writing that such deductions be made. Authorizations delivered to the City ten (10) days prior to the first day of a month shall become effective on the first day of the succeeding month. Any change in check off shall be authorized by the individual. 3 Section 2. Check off moneys will be deducted from the first pay check of each month, and shall be remitted, together with an itemized statement, to the Union Treasurer within the ten (10) days after the deductions have been made. Section 3. The City will not deduct dues beginning the first of the month after which the officer is no longer a part of the bargaining unit. An officer may voluntarily cancel or revoke authorization for check off upon ten (10) days written notice to the City. The City shall promptly forward a copy of such notice to the Union. Section 4. he City will not be liable for damages arising by virtue of mistakes in connection with funds collected under the provisions of this Article. ARTICLE IV UNION BUSINESS AGENTS Section 1. The Union shall have the right to designate agents, not to exceed two (2) persons at any one time, who shall have access to City facilities during regular working hours for the purpose of investigating and administering matters relating to this Agreement. Section 2. The Union shall notify, in writing, the City Manager and Chief of Police after making such designation which notification shall contain the name of the party or parties thus designated, and the purpose of such investigation. Any such investigation or administration shall be conducted so as not to interfere with routine City business, and any such agent shall comply with City safety and security regulations. ARTICLE V UNION MEETINGS Section 1. Officers may use City facilities when available for the purpose of holding scheduled Union meetings. Section 2. With the permission of the Chief of Police, officers on duty may be permitted to attend any Union meeting. ARTICLE VI BULLETIN BOARDS Section 1. The City shall provide a bulletin board to be located in the Police Department to enable the Union and officers to post notices. A posted notice shall not contain any political endorsement or any libelous material and no political notice shall be posted urging support of any specific cause or candidate. Section 2. Without the express permission of the Chief of Police, no posting will be permitted in any place in the Police Department other than on the bulletin board. 4 ARTICLE Vll SENIORITY Section 1. Seniority shall mean the status, priority, or precedence obtained as a result of continuous length of service as an Iowa City police officer. Seniority shall commence on the date of employment as an Iowa City police officer and shall become applicable immediately following completion of the probationary period. Section 2. The City in cooperation with the Union shall maintain and keep posted on the bulletin board referred to in Article VI, a list of officers who have attained seniority and shall keep said list current. The list shall be prepared with the senior officer's name appearing at the top of the classification. Section 3. An officer shall lose seniority rights upon: a. Resignation. b. Discharge forjust cause. c. Absence from work for a period of three (3) consecutive scheduled working days without notifying the City or without good excuse. d. Giving a false reason for leave of absence. e. Failing to report for work within fifteen (15) days after notice from the City (by United States Certified Mail with Return Receipt Requested to last known address) notifying him/her to report for work following lay-off. Section 4. Seniority shall accrue during all special leaves, disabilities, sickness, vacation or other periods of time unless there is a specific provision to the contrary in this Agreement. In the event that more than one individual has the same seniority date the order of seniority will be determined by lot. Section 5. Except as otherwise specifically provided herein, seniority shall be the controlling factor to be considered in making determinations for vacations, leave schedule, lay off, and recall. However, the City's affirmative action commitment will prevail for lay off and recall where required by Federal or State law. Section 6. Officers with five (5) or more years of seniority shall be entitled to hash marks on their uniform sleeves, with one hash mark representing five (5) years of service. ARTICLE Vlll DAILYAND WEEKLYHOURS OF WORK Section 1. Work Week a. The work week for officers who are not working a continuous watch shall usually consist of five (5) consecutive eight (8) hour days commencing on a day agreed upon by the officer and his/her supervisor. The work week may be changed to meet changing departmental needs, with the agreement of the affected employee. The work week for all other officers shall commence on a date to be arranged between the Union and the City and thereafter shall continue on the following schedule: (1) Six (6) consecutive eight (8) hour days followed by two (2) consecutive days off for four (4) consecutive periods; and thereafter 5 (2) Six (6) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (3) Five (5) consecutive eight (8) hour days followed by three (3) consecutive days off; and thereafter (4) A repetition of the above schedule. (5) The daily schedule outlined above may be amended by increasing the number of hours per day and/or reducing the number of work days per week upon agreement of the union and the police chief. c. Days off shall be defined as beginning with the end of the last regularly scheduled working day and ending at the start of the next regularly scheduled working day as set forth in the schedule in Section 1. For example: (1 )For an officer assigned to the 7 a.m. to 3 p.m. watch, days off shall commence at 3:00 p.m. on the last regularly scheduled working day and end at 7:00 a.m. on the next regularly scheduled working day. (2)For the 3 p.m. to 11 p.m. watch, days off commence at 11 p.m. on the last regularly scheduled working day and end at 3 p.m. on the next scheduled working day. (3)For the 11 p.m. to 7 a.m. watch, days off commence at 7 a.m. on the last regularly scheduled working day and end at 11 p.m. on the next scheduled working day. Section 2. Work Day. A work day shall consist of eight (8) consecutive hours with the officer reporting fifteen (15) minutes prior to the commencement thereof and staying, if requested to do so, fifteen (15) minutes after such work period. Section 3. Rest Periods. To the greatest extent possible, each officer shall be granted two (2) fifteen (15) minute rest periods during each work day. The first rest period to occur between the second and third hour, and the second rest period to occur between the fifth and sixth hour. The rest periods set forth herein may be varied upon mutual agreement of the officer and his/her supervisor. Section 4. Lunch Period. To the greatest extent possible, each officer shall be granted a lunch period of not less than thirty (30) minutes during each work day between the third and sixth hour thereof unless otherwise mutually agreed between the officer and his/her supervisor. Section 5. Notification. To the greatest extent possible, an officer shall be notified twenty-four (24) hours in advance if he/she is required to work on a day off. Section 6. Straight Time Pav. Straight time pay (sometimes herein referred to as regular pay or regular wage) shall mean the base hourly rate paid for the regular working day and working week. In implementing negotiated across-the-board salary increases, the base hourly rate shall be multiplied by any negotiated percentage increase, rounded in accordance with mathematical standards, to obtain the new base hourly rate. Base hourly rate multiplied by two thousand eighty (2080) equals annual salary. 6 ARTICLE lX OVERTIME -STANDBY Section 1. Overtime. With the exception of Section 8 of this Article, overtime is work performed by an officer in excess of an assigned duty day, forty (40) hours a week, or minimal call-in time as hereinafter defined. All overtime work shall be the subject of a written instrument specifying the overtime thereof and each officer shall receive a copy of any such instrument after the same has been approved or disapproved by the City. Authorization by the watch commander is required for overtime work. Section 2. Overtime will be compensated at the rate of one and one-half (1'/z) times the base hourly rate of the officer. Overtime may not be obtained from two sources for the same time. Section 3. An officer who has left work and is recalled with less than twenty-four (24) hours prior notice shall receive credit for a minimum of two (2) hours of overtime. Section 4. Overtime Equalization. Scheduled overtime shall be assigned to officers considering seniority, the type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Occasions involving unexpected/non-scheduled overtime, the on-duty supervisor is only required to consider on-duty available personnel, but is required to offer the overtime according to seniority, type of work required, the ability of the individual officer and his/her desire to perform the overtime service. Such overtime assignments shall be subject to limitation as to the number of hours based on the Chief's determination, taking into consideration the safe and efficient operation of the police department. The parties agree that the above overtime equalization provisions or any other provisions of this contract shall not be construed to mean that overtime is voluntary. Employees requested to work overtime are required to do so. Section 5. Overtime Rest Period. If an officer is required to work two (2) or more hours immediately following and beyond his/her normal work day, he/she shall receive either: a. A rest period of at least one-half ('/2) hour immediately following his/her normal work day, or b. One additional one-half ('/z) hour of paid compensation at the overtime rate as the officer and his/her supervisor may determine. Section 6. Stand-bv Time. The parties realize that it may be necessary or desirable for the City to require officers to be available on a stand-by status where they may be called to duty upon short notice. The City shall advise such officer at the earliest possible date of any such required stand-by service, and the officer shall receive one hour of compensation at straight time for each eight (8) hours of stand-by time. Section 7. Accumulated Overtime. Overtime accumulation for time off shall not exceed fifty (50) hours in any one fiscal year and any excess in accumulation over fifty (50) hours shall be paid. Any overtime accumulated at the end of the fiscal year shall be paid. However, accumulated overtime may be carried over from one fiscal year to the next, to be used as time off only, and must be used by September 1. 7 Section 8. Court Time. The greater of two (2) hours or actual time spent will be credited to an officer when, in obedience to a subpoena or direction by proper authority, appears for the federal government, the State of Iowa, or a political subdivision, or in a private litigation when not a party to the litigation and when such appearances arise from the performance of his/her duties, obligations, or activities as a police officer. Overtime earned as defined in this section will be compensated at the appropriate overtime rate. ARTICLE X HOLIDAYS Section 1. The following days shall be paid holidays for officers: New Year's Day (January 1); Martin Luther King, Jr. Day (third Monday in January); Washington's Birthday (third Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (first Monday in September); Veteran's Day (November 11); Thanksgiving Day (fourth Thursday in November); the Friday after Thanksgiving; Christmas Day (December 25); and one personal leave day. Section 2. In addition, there shall be granted to officers who do not work a continuous watch the day before or after Christmas, or the day before or after New Year's Day as an additional holiday. The City Manager may direct that officers observe a particular day for this holiday but if the Manager fails to make such designation by December 15 of the calendar year in question, the officer may select a particular day between December 17 and January 6 subject to the approval of his/her supervisor. Such officers will be allowed to take the day preceding or following a holiday as designated by the City Manager if the holiday falls on the officer's day off. Section 3. Police officers on a continuous watch shall receive ninety-six (96) hours of holiday credit on July 1 annually. Any continuous watch officer who begins work after July 1 of any year will receive credit for the remaining holiday dates until the following July 1. If an officer separates after July 1 of any year, those holiday dates which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. e.g., Officer A receives credit for ninety-six (96) hours of holiday time on July 1. The officer terminates on November 1 and HAS NOT USED ANY holiday hours. He/she would be paid sixteen (16) hours of holiday pay (Independence Day and Labor Day). e.g., Officer B receives ninety-six (96) hours of holiday credit on July 1. Officer B terminates November 1 and HAS USED forty (40) holiday hours. Only two (2) holidays (Independence Day and Labor Day) have occurred prior to termination, therefore twenty-four (24) hours (40 used less 16 occurring) would be deducted from the last week's wages. If an officer works a full watch on a holiday, four (4) hours of additional holiday credit will be given during the pay period in which the holiday occurs. If an officer works more or less than a full watch on a holiday, the premium pay will be prorated to the nearest whole hour based on time worked. Section 4. For the purpose of this Article, the holiday begins at 11:00 p.m. on the day preceding the holiday date and continues for a period of twenty-four (24) hours thereafter. The watch starting time controls holiday designation. For continuous watch officers, a holiday shall be observed on the day it occurs. For non-continuous watch officers, a holiday which occurs on Sunday will be observed on the following Monday. One which falls on Saturday will be observed the preceding Friday. ARTICLE XI VACATIONS Section 1. Vacations shall be earned and accumulated by pay period according to the following schedule: Length of Service Days Earned Per Month 0-5 years 1 5 years and one day-10 years 1.25 10 years and one day-15 years 1.5 15 years and one day-20 years 1.75 20 years plus 2 The maximum annual carryover from one year to another shall be two hundred twenty-four (224) hours. The maximum number of hours eligible for payment upon separation shall be one hundred ninety-two (192) hours. Section 2. The process for granting vacation time shall be as follows: Vacation leave may be requested beginning in December for the following calendar year. Vacation leave will be approved by the officer's supervisor on or before February 1 of each year. Officers will be granted vacation leave, in increments of one day or more, in order of seniority. After February 1, vacation leave requests will be approved in the order they are received. In the event that two requests are received at the same time, seniority shall prevail. ARTICLE Xll SICK LEAVE Section 1. Accumulation. Officers shall be granted one (1) day of sick leave for each month, and shall have the right to accumulate unused sick leave up to a maximum of 1440 hours (180 days). Sick leave shall not be granted for an officer having a leave without pay. Any officer granted a paid leave shall continue to earn sick leave. Upon termination of employment other than for cause, the City shall pay for all accumulated sick leave on the basis of one-half ('/z) of the officer's then current hourly base salary, provided, however the dollar amount of the payment may be up to but shal- not exceed the amount that an officer would have been due if he/she had terminated on June 28, 1985. Officers hired on or after June 29, 1985, are not eligible for payment under the provisions of this paragraph. Section 2. Use of Sick Leave. a. After completion of the initial probationary period, a day of accumulated sick leave shall be used for each day an officer is sick and off work during a work week, or if less than a day, on an hour-to-hour basis. A doctor's statement regarding the nature of the illness and recovery therefrom may be required. A supervisor may request an individual examination, if it is deemed in the best interest of the city and the employee. Said examination shall be at the City's expense and the City will have the right to designate the doctor. Reasonable notification by the supervisor of the need for a doctor's statement will be given in order to allow time to comply. b. In addition to sickness of an officer, sick leave may be used for: (1) Duty connected disability. 9 (2) Serious illness or hospital confinement of a spouse, domestic partner as recognized by City policy, or child, or critical illness of the officer's mother, father, mother-in-law, father-in-law, including mother or father of a domestic partner, brother, sister, or grandparents, pregnancy related illness or recovery of an officer's spouse, as well as any other relatives or members of the immediate household of the officer up to a maximum of forty (40) hours per occurrence. (3) Health maintenance needs, e.g., doctor or dentist appointments. The officer will make every attempt to schedule such appointments in off-duty hours. Section 3. Notification. An officer shall notify his/her supervisor or a supervisor on duty on the watch immediately preceding his/hers, as soon as reasonably possible, of any sickness or illness which will cause him/her to miss work and unless such notification is given within one (1) hour after the beginning of the work day, the absence will not be charged to sick leave, but may be charged to other accumulated leaves or to leave without pay. Employees who become sick on duty shall notify the watch supervisor before leaving duty. Section 4. In the event an officer is injured or disabled on the job requiring time from work, no deductions shall be made from the officer's accumulated sick leave unless such officer requires more than two (2) working days in which to recuperate and return to work. ARTICLE Xlll SPECIAL LEAVES Section 1. On-the-Job Iniury. Upon application the City may, in addition to any other leave, grant a leave of absence with pay in the event of an injury or illness of an officer while on duty provided the following conditions exist: a. That the injury or illness is determined compensable by the Iowa City Temporary Disability Review Board (the Board) and b. The medical advisor of the Board determines that time off from work is required. If the above provisions are applicable, leave with pay will be granted during the remaining time on the watch when the injury occurs and for a period of two (2) days thereafter if authorized by the Board. If the injured or disabled officer requires more than two (2) days in which to recuperate and return to work, any additional absence will be charged to sick leave or if sick leave is exhausted, to leave of absence with pay until a temporary disability pension is granted by the Board after which determination the sick leave and any other leaves used for such purpose shall be restored. In the case of apparent on-the-job injury, the Police Chief, with approval from the City Manager, may waive conditions a. and b. above and approve a leave of absence with pay prior to a determination of compensability by the Board. However, in the event that the injury or illness in question is subsequently determined to be non-compensable by the Board, the officer shall reimburse the City for the leave advanced, using current accrued leave, then future accrued leave, then final pay. Section 2. Funerals. An officer will be granted up to three (3) days per occurrence with no loss of compensation nor loss of accrual from sick, annual, nor compensatory time to attend the funeral of his/her spouse, domestic partner as recognized by City policy, children, mother, father, grandparents, stepparents, sister, or brother. 10 An officer will be granted one (1) day per occurrence with no loss of compensation nor loss of accrual from sick, annual, or compensatory time to attend the funeral of his/her mother-in-law, father-in-law, grandparents-in-law, aunt or uncle, brother-in-law, sister-in-law, permanent member of the immediate household, or for a military funeral in which such officer participates in the ceremony. In such cases, he/she may be granted up to two (2) additional days for travel, if necessary, as determined by his/he supervisor. In-law relationships referred to herein shall include such relationships through a domestic partner as recognized by City policy. If additional time is needed, an officer shall be permitted to use up to three (3) days per occurrence of his/her accumulated sick leave with the approval of his/her supervisor. Section 3. Leave of Absence Without Pay. A leave of absence without pay is a predetermined amount of time off from work, which has been recommended by the Chief of Police and approved by the City Manager. Generally, such leave shall not exceed twelve (12) months. Upon termination of any such leave of absence, the officer shall return to work in the same step or capacity as when he/she left and will receive compensation on the same basis as if he/she had continued to work at his/her regular position without leave, provided that during such period, no officer shall earn sick, vacation, or other leave. In the event an officer fails to return to work at the end of any such leave, he/she shall be deemed to have voluntarily resigned or, if applicable, voluntarily retired on the last day of work prior to such leave. During a leave of absence without pay, the officer: a. Cannot pay retirement contributions if the leave exceeds one (1) month in duration. Shall not receive any other job benefits during the period of absence. c. Must use all accumulated vacation and compensatory leaves to which he/she is entitled prior to the time that the leave without pay commences. d. Shall not accrue seniority during leaves exceeding thirty (30) days. e. Must pay prorated health, dental and life insurance premiums falling due during any month the employee is not on the payroll, if coverage is desired, as follows: For any calendar month during which the employee is on unpaid leave not exceeding ten working days and insurance coverage is desired, the City will pay the cost of the insurance premiums for Medical, Dental and Life insurance. 2. For any calendar month during which the employee is on unpaid leave in excess of ten working days and insurance coverage is desired, the employee must pay 1/12 of the insurance premium for each working day beyond ten working days that the employee is on unpaid leave of absence. The remainder of the premium will be paid for by the City. 3. The employee may choose which insurance coverages, if any, are to be retained during the unpaid leave of absence. 4. Payment for insurance coverages desired by the employee may be deducted from current or future pay due to the employee. Failure to return from an unpaid leave where insurance coverage was desired will result in the City billing the individual for costs which would otherwise have been deducted from the employee's pay. 11 The Chief of Police may make exceptions to the above conditions (a. through d.) for leaves not exceeding ten (10) working days. Section 4. Jury Duty. Any officer summoned for jury duty shall receive regular standard time pay during any period ofjury service and shall earn and be entitled to all benefits as if on duty without charge against sick or vacation leave. The City shall receive the pay earned from such jury service but the officer shall receive allowance for mileage and expenses unless furnished by the City. An officer who is summoned for jury duty but is not selected to serve on the jury and is discharged with an hour or more remaining on his/her watch shall return to work. Time spent on jury service by officers whose daily duty hours are other than when court is in session may be credited against the officer's daily duty hours to the extent determined by the Police Chief. Section 5. Witness Fees. An officer shall be granted leave with pay when required to be absent from work for the purpose of testifying in court or appearing in response to any legal summons which falls under the provisions of Article IX, Section 8, of this agreement, and the City shall receive the witness fees except the witness fees paid to an officer for off duty (unpaid) periods which belong to said officer. Section 6. Military Leave. Officers belonging to or called by any branch of the Armed Forces of the United States shall, when ordered to active service, be entitled to a leave of absence for such period of time that the member serves in such capacity and until discharged therefrom. The City shall comply with applicable law in regard to military leave. Officers subject to the foregoing shall, upon re-instatement to City employment, retain their original employment date for the purpose of determining seniority and eligibility for salary advancement just as though such time spent in service of the United States had been spent in regular employment with the City. Section 7. Voting Time. An officer shall be permitted to vote during the work day in any national, state, or local election if it is not reasonably possible to vote during off hours, and no charge shall be made for time spent for such purpose. Section 8. Pregnancy Leave. A pregnant officer shall be entitled to a leave of absence without pay if she is physically incapacitated as a result of pregnancy or related cause at the exhaustion of other accumulated leaves. All officers requiring such leave shall notify the Chief of Police or designee prior to the anticipated date of birth and shall substantiate their condition by a doctor's statement. Officers may work during pregnancy if health permits. Those granted leave under this Section shall present a doctor's statement as to pregnancy and recovery therefrom and within fourteen (14) days following birth, miscarriage, or abortion, the officer shall advise the City of the date by which the officer will return to work. Unless the officer returns to work by such date, or any other date by reason of extension granted by the City, the officer will be considered to have voluntarily resigned or retired. ARTICLE XlV LAY-OFFS Section 1. Lay-offs shall mean the situation in which the City is forced to relieve officers from duty because of lack of funds or pursuant to Chapter 400, Section 28, of the current Code of Iowa. Section 2. Officers separated because of lay-off will be given formal written notice at least two (2) weeks in advance of the separation date or two (2) weeks of regular base pay in lieu of such notice. 12 ARTICLE XV TRAINING Section 1. To the greatest extent possible, an officer shall receive or have the opportunity to attend training programs,,and for such purpose each officer shall be treated in a fair manner. Section 2. The City may require attendance of an officer at any location for the purpose of training on the basis of a normal duty day assignment. The City will, in addition to paying the cost of the program, .pay for meals, lodging, the expense of transportation, tuition, and the necessary books and supplies. Section 3. No officer will be required to participate in any training program while on vacation or sick leave and cannot be required to participate in any such program on a day off unless the City pays said officer one hundred fifty percent (150%) of his/her hourly base pay. However, the police chief may assign an alternate day off in lieu of overtime pay for training with the consent of the affected officer. This section shall not be applicable to officers in probationary status. Section 4. In the event an officer is not performing his/her duties satisfactorily, the City may require such officer to complete a special training course as recommended by the City in an effort to assist said officer to achieve satisfactory performance of his/her duties. Any such requirement shall be at the expense of the City upon approval by the Chief of Police. Section 5. Upon approval of the Chief of Police, an officer shall be entitled to attend a non-required training program. Time spent in training shall not be charged against an officer's overtime, days off, sick or vacation leave, provided said program is job related as determined by the Chief of Police. Section 6. This Article shall not be applicable to training programs attended by an officer on a voluntary basis when not on duty. Section 7. The City shall post and maintain on the bulletin board referred to in Article VI a schedule of City approved training programs, including the details thereof such as starting date, duration, location, etc. An officer may attend any such offered course or program at his/her own expense with the approval of the Chief of Police which shall not be,unreasonably withheld. ARTICLE XVI PERSONNEL TRANSACTIONS -RULES Section 1. An officer will be given copies of all documents placed in his/her personnel file within ten (10) days of the time any such document is placed therein. No document will be considered for the purpose of evaluation, promotion or discipline of an officer unless such document has been placed in the personnel file. Section 2. The City will promulgate departmental rules and regulations and provide each officer with a copy thereof. Upon promulgation of said rules and regulations, all prior rules, regulations, directives, and general orders, except as specifically noted in writing, will be cancelled. Section 3. Minor infractions shall be removed from an officer's file within a period of one (1) year after the filing of the documentation and action taken, and thereafter shall not be considered for any purpose whatever. 13 ART/CLE XVII WATCH TRANSFERS Section 1. In the event that an officer having seniority desires to transfer to a different watch, he/she shall make application to the Chief of Police. The Chief of Police will not unreasonably withhold permission to transfer after considering the ability and experience of the officer, the nature and type of work to be performed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more than one (1) transfer during any one (1) calendar year. In the event an application for transfer is filed because of an emergency, the Chief of Police will give special consideration to the facts and circumstances related thereto. Subject to the foregoing, officers may trade watches provided that the Chief of Police approves any such transfer. Section 2. No officer who is transferred shall lose any days off, sick or vacation leave by virtue of such transfer unless mutually agreed by the officer and the City. Section 3. The employer agrees to provide to each affected officer written reasons for and reasonable notice of involuntary watch transfers with due regard for seniority. To the greatest extent possible, such notice shall precede the effective date of transfer by fourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. Employees who elect to obtain coverage will pay a portion of the monthly premium (prorated for part-time employees) toward the cost of such coverage, as follows: twenty dollars ($20.00) per month for single coverage and sixty dollars ($60.00) per month for family coverage in FY 2011. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. Section 3. The City shall provide, at no cost to the officer, a policy insuring the life of said officer in an amount equal to his/her annual salary. Any fraction of $1,000 in annual salary shall be rounded off to the next higher thousand. ARTICLE X/X EQUIPMENT Section 1. Officers shall not be required to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer or the public. The City will comply with all of the safety requirements of the City, state, and federal laws. Section 2. Any officer operating a motor vehicle shall, at some period during or immediately following the work day, report any defect noticed by him/her in said vehicle to the watch commander. 14 Section 3. All other equipment furnished by the City shall be maintained by the City in good working condition and in accordance with all applicable safety standards. Section 4. The City will furnish required motor vehicles and other required equipment. Section 5. An officer who is required to operate a motorcycle or to perform walking patrol in inclement weather will be provided with adequate protective clothing as reasonably determined by the Chief. Section 6. To the greatest extent possible, officers shall properly use the equipment furnished by the City. Section 7. Equipment issued by the City shall be returned to the City at such time as the employment of an officer is terminated. Nonexpendable items not returned will be paid for by the officer. Section 8. The City shall provide appropriate regulation equipment in accordance with applicable safety regulations. Section 9. Each officer on duty, regardless of assignment or proximity to other officers, shall be provided with a proper functioning portable two-way radio capable of transmitting and receiving on radio frequencies assigned to the Iowa City Police Department. In addition, officers assigned to walking, traffic control, or any other assignment which creates difficulty in hearing radio transmissions shall be provided with a remote speaker/microphone attachment to the portable radio unit enabling the officer to hear radio transmissions without removing the portable radio from its belt carrier. ARTICLE XX WEAPONS AND SPECIAL EQUIPMENT Section 1. Service ammunition for regulation weapons shall be provided by the City. Section 2. The City shall provide at least fifty (50) rounds of target ammunition monthly for each officer required to carry a weapon to enable the officer to maintain efficiency with the weapon. The Chief of Police shall prescribe the use to be made of such ammunition. Section 3. The City will furnish abullet-proof vest for each officer and will replace them as necessary. ARTICLE XXI ADEQUATE FACILITIES Section 1. The City shall provide adequate locker and other facilities separately for male and female officers. 15 ARTICLE XXII UNIFORMS Section 1. The City shall provide each officer with uniforms used in the performance of the duties of police officers (original issue -new equipment). a. One (1) winter and one (1) summer regulation hat. b. Three (3) regulation ties. c. Six (6) winter and six (6) summer permanent press regulation shirts. d. Four (4) pairs of regulation trousers. e. One (1) winter and one (1) summer regulation jacket, f. One (1) raincoat, reversible, consisting of a black side and a reverse side of a reflective International Orange. g. Two (2) regulation hat covers. h. Two (2) pairs of regulation winter gloves. i. One (1) regulation pants belt. Section 2. Plain clothes officers shall receive a clothing allowance of seven hundred ($700.00) per year of assignment. Employees shall receive for cleaning of uniforms or plain clothes officer's clothing and/or shoes and/or boots related to employment the amount of one hundred and seventy five ($175.00). Permanent employees shall receive the clothing and/or cleaning allowance on the first paycheck in July. Section 3. The expenses of standard tailoring for proper fit upon issue shall be paid for by the City. Section 4. Replacement: a. Clothing damaged in the line of duty shall be ordered within seven (7) days of receipt of the report of loss or damage: All uniforms shall be replaced by the City as needed upon the determination of the Chief of Police. In order to receive replacements, the items to be replaced must be surrendered to the designated supervisor. This clothing shall be ordered within seven (7) days of receipt by the designated supervisor. ARTICLE XXlll DUTY OUTSIDE THE CITY Section 1. In the event the City directs any officer to perform duties outside the corporate limits of the City of Iowa City, such officer shall receive every benefit, right, and privilege to which he/she would have been entitled had said duties been performed within the corporate limits of Iowa City, Iowa. In addition, an officer shall be entitled to such benefits, rights, and privileges if engaged in "hot pursuit" of an offender outside the corporate limits of Iowa City, Iowa. ARTICLE XXIV SUPPLEMENTAL EMPLOYMENT Section 1. Officers shall be permitted to augment their income by other employment provided that said other employment does not conflict with the duty hours of the officer or with the satisfactory or impartial performance of duties as a police officer for the City of Iowa City. 16 Section 2. The officer agrees to notify the City in advance of the name, address, and telephone number of any employer, and if the supplemental employment is related to or along the lines of police work, to notify the City of the work schedule, compensation, and specific duties in addition to the above information. ARTICLE XXV POSITION CLASSIFICATION Section 1. For salary purposes, there shall be no distinction between patrol officers, detectives, juvenile officers, or other positions not having civil service certification. Section 2. In the event that any officer is designated in a higher job classification on a temporary basis for more than one complete duty day, said officer shall receive his/her own pay plus an additional sixty cents ($.60) per hour during such temporary assignment. ARTICLE XXVI GRIEVANCE PROCEDURE Section 1. Definition -General Rules The word "grievance" wherever used in this Agreement shall mean any difference between the City and the Union or any officer with regard to the interpretation, application, or violation of any of the terms and provisions of this Agreement. b. An officer will not be required to be represented by a Union steward at any grievance hearing. A steward shall have the right to be present for the purpose of ascertaining whether or not the issue involved has any application to the Union generally or to other officers who have not filed a grievance. The Union shall have the right to designate four (4) stewards and four (4) alternate stewards for the purpose of representing officers in the investigation and presentation of grievances. The Union shall give written notice to the City Manager and Chief of Police the names and address of stewards and alternate stewards for the purpose of representing officers. Not more than a total of ten (10) hours per month paid time may be used by the stewards in the resolution of employee grievances. No .more than one steward shall represent a grievant at any one grievance hearing. Grievance procedures occurring on duty time will be scheduled so as not to interfere with assigned police work. Permission to process grievances will not be unreasonably denied. c. An officer shall use this grievance procedure, except where otherwise provided by law, for the resolution and determination of disputes which arise under the terms and conditions of this Agreement. If an officer proceeds beyond Step 3 of Section 2 of this Article XXVI in connection with any grievance, such action shall constitute an election by said officer to proceed under the terms of this Agreement and shall be a waiver of any other remedy available except as specifically provided by law. d. The grievance procedure shall be available to any officer who is not awarded an increase in salary advancement to which the officer would be entitled by virtue of time in grade. e. Unless a grievance is appealed as hereinafter provided, it shall have no further 17 validity or effect. If a response to a grievance is not received within the time limitation hereinafter provided the grievant may proceed to the next step in the grievance procedure except the time limitation referred to in this Article may be extended by agreement of the parties. Unless otherwise specifically agreed by the Union and the City, each grievance will be separately heard and determined. Steps of the grievance procedure may be waived by mutual consent of the parties. h. The word "day" as used in this Article shall mean working day and shall exclude Saturdays, Sundays, and holidays. Section 2. Procedure. A grievance that may arise shall be processed and settled in the following manner: a. Steg 1. The grievance shall be presented orally for discussion between the officer involved, the steward, and the appropriate City supervisor within five (5) working days after knowledge of the event giving rise to the grievance. The supervisor shall either adjust the grievance or deliver his/her answer to the aggrieved officer and steward within five (5) working days after such Step 1 conference. In the event no response is received from the supervisor within said five (5) day period, the grievance shall be processed pursuant to Step 2. b. Step 2. If such grievance is not resolved by Step 1, the aggrieved officer or his/her steward shall, within five (5) working days following completion of Step 1, present three (3) written copies of such grievance signed by the aggrieved person, one of which shall be filed with the Union, and two (2) copies with the Chief of Police, or his/her designated representative who shall, within a period of five (5) working days investigate and document the grievance and issue a decision in writing thereon. The grievance shall contain a statement from the officer specifying the name of the Grievant and of the Steward (if applicable), the substance of the grievance and the specific provision(s) of this agreement allegedly violated by the employer, and what relief or remedy is desired, but such statement shall not bar any rights of the officer or limit the remedy to which he/she is entitled. The Union shall be furnished with a copy of such decision at the time it is issued. c. Step 3. A grievance not adjusted by the Chief at Step 2 may be submitted by the grievant or Union to an advisory grievance committee for resolution. The Committee shall consist of not more than five (5) nor less than two (2) representatives of the City and the Union. The Union will convene the Grievance Committee within five (5) days of receiving the Chiefs Step 2 response. The City Manager will accept or reject the committee's written recommendation within five (5) days after it is received. d. Step 4. A grievance not adjusted at Step 3 may be submitted by the grievant or the Union to the City Manager or his/her designee within five (5) working days of the completion of Step 3 or within fifteen (15) days of receipt of the Chiefs Step 2 response if no meeting is scheduled. The City Manager will investigate and respond to the grievant within ten (10) working days and meet personally with the grievant and steward if such a meeting is requested in writing. e. Arbitration. A grievance not adjusted at Step 4 may be submitted to a neutral third party for binding arbitration. A request for arbitration must be submitted in writing and signed by the grievant within fifteen (15) working days following receipt of the 18 City Manager's Step 4 response. Copies of any such request will be furnished to the City and to the Union. Except as otherwise provided, the cost of arbitration shall be divided equally between the parties. Each party shall bear the cost of preparing and presenting its own case and either party desiring a record of the proceedings shall pay for the record and make a copy available without charge to the arbitrator. The cost of a certified court reporter, if requested by the arbitrator, shall be divided between the parties. If an officer insists upon arbitration against the advice and consent of the Union, said member shall be responsible for that portion of the costs which would otherwise be paid by the Union. The arbitration proceeding shall be conducted by an arbitrator to be selected by the City and the grievant within seven (7) working days (excluding Saturday and Sunday) after notice has been given. If the parties fail to select an arbitrator, a request shall be made to the Federal Mediation and Conciliation Service to provide a panel of five (5) prospective arbitrators who are members of the National Academy of Arbitrators (NAA). Both the City and the grievant shall have the right to strike two names from the panel. The party requesting arbitration shall strike the first name; the other party shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. The decision of the arbitrator shall be issued within thirty (30) days after conclusion of the hearing and shall be final and binding upon the parties. The 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 conduct required during the arbitration hearing shall be in accordance with all state and federal legislation, rules and regulations applicable. Arbitration hearings shall be open to the public unless the parties otherwise mutually agree. Section 3. Administrative Conferences. a. The conference group shall consist of no more than ten (10) people, five (5) of whom shall be appointed by the City and five (5) of whom shall be appointed by the Union. At least two (2) representatives from each party will attend any meeting. b. The purpose of the conference shall be to provide a forum for the discussion of issues of interest to both parties. No conference resolution or recommendation will be contrary to the terms of this agreement. The City will release from duty not more than two (2) officers for not more than two (2) hours for time spent in conference. c. A conference shall be held no more than once every sixty (60) days unless the parties mutually agree otherwise. These meetings shall be held in City facilities, if available. d. All health and safety matters and equipment shall be a proper topic for consideration at administrative conference. A representative of the Union and the City shall exchange agendas for items for consideration at least three (3) days in advance. 19 ARTICLE XXVII EFFECTIVE PERIOD Section 1. This Agreement shall be effective July 1, 2010, and shall continue through June 30, 2011. Thereafter, this Agreement shall continue from year to year unless written notice to change or modify it is served by either party prior to September 15 of the year preceding the expiration date of this Agreement or any extension thereof. ARTICLE XXVIII COMPENSATION Section 1. The effective date of compensation and benefits adjustments applicable to any fiscal year will be the first day of the pay period which begins between the dates of June 24 and July 7 inclusive. Section 2. Commencing the effective date of the compensation period as defined in Section 1 of this Article, the City shall increase the pay of all officers by one and thirty-five hundredths percent (1.35%) at the beginning of fiscal year 2010-2011 (effective June 27, 2010) and the resulting pay plan will be further adjusted upward by one and one-half percent (1.5%) effective December 26, 2010. (A copy of the Police Pay Plan is attached as "Attachment A" to this agreement.) Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. Step 2. Twelve months from date of appointment. Step 3. Eighteen months from date of appointment. Step 4. Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. Section 3. Longevity Pay. Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years 10 years 15 years 20 years 25 years This payment will be pro-rated on the terminate before December 1 in any fiscal year. will reimburse the City on the same pro-ration. $475.00 $800.00 $950.00 $1100.00 $1350.00 basis of monthly segments for members who Any employee who terminates after December 1 20 Section 4. Watch Differential. Officers working the 3 to 11 watch on a regular basis will receive thirty (30) cents per hour on top of their normal wage for all hours worked from 3 p.m. to 11 p.m. Officers working the 11 to 7 watch on a regular basis will receive forty-five (45) cents per hour on top of the normal wage for hours worked from 11 p.m. to 7 a.m. Officers working overtime will continue to receive watch differential at the same rate as their normal duty hours. Section 5. Special Duty Pay. Officers who are assigned to and performing K-9 duty on a regular basis shall be paid for one-half hour per day as kennel time at the applicable overtime rate. Officers designated as Field Training Officers (FTO) when assigned to actively performing the duties of FTO, shall receive, in addition to any other compensation to which they are entitled, 10% of their hourly pay for each hour of FTO duty. ARTICLE XX/X PUBLIC EMERGENCY Section 1. The provisions of this Agreement may be suspended by the City Council during the period of a declared public emergency. ARTICLE)OOC GENERAL CONDITIONS Section 1. This Agreement shall be construed under the laws of the State of Iowa. Section 2. Whenever the context of this Agreement permits, the masculine gender includes the feminine or masculine, the singular number includes the plural, and reference to any party includes its agents, officials, and employees. Section 3. Non-discrimination. Both parties affirm that the provisions of this Agreement shall be applicable to all officers regardless of race, color, creed, disability, gender identity, marital status, national origin, religion, sex, age or sexual orientation. Section 4. Waiver. This Agreement supersedes and cancels all previous agreements between the City and the Union and constitutes the entire agreement between the parties. Section 5. Anticipated Chances. The City shall give the Union as much advance notice as possible of any major change of working conditions. Section 6. Pre-Tax. Employees covered by this agreement shall be allowed to participate in the Section 125 Pre-Tax Advantage Program as established by the City. At a minimum, said program will allow for pre-tax payment of health insurance co-payments to the extent allowed by Federal and State law. Section 7. Parkin . No fewer than ten (10) parking places in the Chauncey Swan Parking Garage will be held in the names of police bargaining unit members, provided that fees are paid according to City procedures for the ten places. Bargaining unit members shall pay parking fees for permits in the amount equal to that charged to other City employees who park in the Chauncey Swan Parking Garage. The City will assume no increase in responsibility in administering the use of parking permits as a result of this Contract and any dispute over the use of the ten permits must be handled by the Union representative. Police department members may individually hold parking permits in accordance with City procedures. 21 CITY OF IOWA CITY BY: / -• MAYOR ATTEST: Date: ~_fca~~ ~ aolt7 ~~ POLICE LABOR RELATIONS ORGANI TION OF IOWA CITY BY: ESIDENT BY: ~Jfl~11D ~~tl-In((-~1~~7 Date: ~%~ -Z7-Z~~D mgr/asstAunionslpolice/FYltlpolicecontractFY11 final.doc 21 Attachment A Step 1 6/27/10 $ 19.55 $ 1,564.00 $ 40,664.00 POLICE OFFICER PAY PLAN (40-01) Fiscal Year 2011 Step 2 $ 20.02 $ 1,601.60 $ 41,641.60 Step 3 $ 24.06 $ 1,924.80 $ 50,044.80 Step 4 $ 26.34 $ 2,107.20 $ 54,787.20 Step 5 $ 28.34 $ 2,267.20 $ 58,947.20 12/26/10 $ 19.84 $ 20.32 $ 24.42 $ 26.74 $ 28.76 $ 1,587.20 $ 1,625.60 $ 1,953.60 $ 2,139.20 $ 2,300.80 $ 41,267.20 $ 42,265.60 $ 50,793.60 $ 55,619.20 $ 59,820.80 SIDE LETTER OF AGREEMENT BETWEEN CITY OF IOWA CITY AND. POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY PLRO-IC MARCH 27 , 1984 The parties agree that it is their intent that the following additions to the health insurance coverage provisions take effect from April 1, 1984, until modified by mutual agreement of the parties: a. Mandatory Outpatient Surgery Procedures designated by the Iowa Foundation and suitable to be performed on an outpatient basis must be performed on an outpatient basis to be fully covered by the health insurance. Extenuating circumstances which would make in-patient surgery medically necessary will be reviewed. by 81ue Cross/81ue Shield if requested by the physician. Designated surgeries which are not performed on an outpatient basis, and without prior approval by .Blue Cross/Blue Shield, will be paid only at a rate of 50X of charges. b. Maternity Length of Stay Incentive Following admission into the hospital for childbirth, if length of stay for the mother for childbirth is two days or less, as certified by the hospital bill, presented to the Human Relations Department, the employee will receive a check for X100 (minus necessary withholding). c. Overcharge Incentive Employees will receive 25~ of the correction of an overcharge or overpayment when the overcharge/overpayment is initiated and successfully resolved by the employee. (Withholding must be made on all payments to employees.) Maximum payment to employees is b500 (pre-withholding). Documentation of the em- ployee-initiated corrections should be submitted to the Human Relations Department when the correction is accomplished. Gross overcharges resulting from computer error or similar problems will not be eligible for payment (e.g. received X100 worth of services, billed. for X100,000). d. Outpatient Treatment of Substance Abuse This option would make available, but not mandatory, payment fo.r treatment of substance abuse. Employees wishing to utilize coverage for purposes of substance abuse treatment must submit to by a substance abuse treatment agency selected by the City prior ment. Y OWA CITY A gy rZw~ By C Y MANAG ~ ~ ~`~ Date : Date: outpatient insurance evaluation to treat- POLICE LABOR RELATIONS ORGANIZATION OF IOWA CITY ~;ITY OF IOWA CITY CIVIC CENSER 410 E. WASHINGTON ST April 18, 1985 IOWA CITY, IOWA 52240 Mr. Michael Goldberg, President Police Labor Relations Organization of Iowa City Iowa City Police Department 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Goldberg: (319) 356-5000 Attached please find copies of brochures describing coverage under the "Iowa 500" Two Day Deductible health insurance plan and coverage under the Delta Dental Plan II dental insurance plan. These are, the insurance plans which were agreed to by the City and PLRO-IC for our FY86-87 Collective Bargaining Agreement, and referred to in Article XVIII, Section 1 and Section 2 of that agreement. It is understood and agreed that benefit coverages are based on usual, customary, and reasonable rates. Disputes regarding specific claims shall be addressed to the insurance company and not subject to the grievance procedure of the Collective Bargaining Agreement. Dale E. Helling Assistant City Manager Michael E. Goldber President, PLRO-IC bj3/9 22 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 co-payments. And after the deductible and co- payment have been satisfied, the dollar coverage and number of hospital days are unlimited except for Nervous and Mental admissions. In short, the Subscriber shares in the costs of the medically necessary hospital, medical and surgical services provided. However, the Subscriber's share never exceeds $650 per year for covered services, regardless of the number of family members. IOWA 500 plan benefits encourage medical self-maintenance practices by paying for 90% of the covered Usual, Customary and Reasonable charges for: • One routine annual physical examination in a doctor's office or clinic • Home and office calls needed to diagnose or treat a medical condition • Immunizations required by a Subscriber or any person in a Subscriber's family The idea behind IOWA 500 coverage? To encourage continuing medical self-maintenance and help reduce the length and number of unnecessary hospital stays. These efforts, of course, can help keep health care costs -and rates - in line. THE IOWA 500 Plan Covers These Extensive Services: HOSPITAL CARE 90/10 Inpatient • Semi-private room and board • Necessary services and supplies • Operating rooms, intensive care, coronary and burn care units • Delivery room for normal delivery, Caesarean section, miscarriage or admission for false labor • Necessary laboratory and x-ray services Outpatient • Surgery • Diagnostic, x-ray and laboratory services • Accident care HOME HEALTH CARE 90/10 • Services provided by a Registered Nurse • Services prescribed by a physician 23 PHYSICIAN SERVICES 90/10 • Home and office visits • One routine annual physical exam • Pre-natal and post-natal care in physician's office • Immunizations • Hospital visits and nursing facility visits NERVOUS AND MENTAL 90/10 Outpatient - 90/10 to $10,000 Lifetime Maximum. SKILLED NURSING FACILITY 90/10 • Unlimited Room and Board • Services and Supplies THE IOWA 500 PLAN COVERS THESE OTHER SERVICES: These other services are subject to a $200 contract deductible per calendar year • Prescriptions • Anesthetics • Blood plasma • Casts • Crutches • Durable medical equipment • Other supplies when ordered by a physician Nursing Services • Private-duty nursing services Ambulance • Air • Ground DEDUCTIBLES AND CO-PAYMENT • Hospital -The Subscriber is responsible for the first two days of semi-private room and board. Per Hospital Admission. • Physician -The Subscriber pays 10% of the physician's Usual, Customary and Reasonable charges including office calls. IOWA 500 coverage pays the remaining 90%. • Other Supplies/Services -The Subscriber pays the first $200 per contract per calendar year for the medical supplies and services. These may include prescription drugs, services of a Registered Nurse, ambulance services, home health care and braces. When the Subscriber's expenditures for hospital, physician, and/or other services reach $650 per year, IOWA 500 pays 100% of all remaining charges. If the Subscriber's expenditures for hospital, physician, and/or other services do not reach $650, the Subscriber pays 10% of all remaining charges up to a total maximum expenditure of $650. (Outpatient treatment for nervous and mental conditions is paid 90/10 co-payment until the $10,000 Lifetime Maximum is met. Copayment for outpatient Nervous and Mental does not apply to the out-of-pocket maximum.) 24 CARRYOVER OF DEDUCTIBLE Expenses for covered services incurred during the months of October, November and December and which are used to satisfy that year's deductible can be used toward satisfying the next calendar year's deductible.. Other Hospital Physician Covered Services Services Services 1 or 2 day deductible 90%/10% 90%/10% until out of pocket maximum Out of Pocket Maximum: $650 (eff. 1/1/11) IOWA 500 PAYS 100% of Covered Services $200 deductible (eff. 1/1/11) Wpdata/mgr/assUunions/police/FY11/police contract FY11 final.doc Summrwry of Benefits DELTA DENTAL COVERAGE Doha Dental Plan of Iowa coverage not only provide: a variety of benefit's but also encourafles timely and effectivs dental maintenance. Moro than 80'4 of the dentist: in bwa participate in the Deha Dental program. Dehs Dental payment is based on Usuel, Customary snd Reasonable allowances, subject to deductible and copayment provi- sions of the proflram. Your Oeha Dental program includes a `medical necessity" provision which ensures coverage for dental services provided within generally aaxpted dental practices. Like 61ue Cross and Blue Shield of Iowa, the Dena Dental Plan receives claims directly from participating dentists. And we pay them directly for. you. That eliminates daims-handlins chores for you and your employees -and saves valuable time and money. To provide a program to meet your-company's needs, Delta Dental Plan benefits are svailable with deductibles, copayments and maxi- mum payment allowances for covered services. These benefits ane combined to meet your needs: Preventive Maintenance benefrt indudes: • Routine checkups at six-month intervals including bitewing x-rays at 12-month intervals. • Teeth cleaning once every six months. • Topical fluoride applications as prescribed but no more than once every six months. • Fult-mouth x-rays once in any three-year interval unless special need is demonstrated. Routine Restorative benefit provides ongoing care including: • Regular cavity fillings. • Oral surgery (including pre- and post-operative care). • Emergency treatment for relief of pain. Major Restorative benefit covers: • High-cost fillings. • Cast restorations. • Root canal fillings. • Non-surgical treatment for gum diseases. Delta Dental Ptan of lorra Delta Dental Plan of lows RATE QUOTATION PLAN II Pro9rem Benefits D~ductlbl• SInpI~IFamlly (Annual) Q Preventive Maintenance S - ©Routine Restorative S _ 25/75 ©Major Restorative S " ^ Dental Prosthetics $ ^ Periodontics S ^ Orthodontics $ . ^ Dependents to age ^ Full-time students ^ Adults Program Maximums Single $ 500 per year Family $ 500. per member, per year Copaym~nt - 50 e~ 50 o~ o~ o~ Lifetime benefit maximum on Orthodontics $ Program Rates* Single $ per month Family $ - per month These rates guaranteed for 12 months beginning on 7-1-85 (date) if purchased by 7-1-85 tdatel 'Rates quoted here are based upon census information provided and acquiring and maintaining s min'mum enrollment of:90°,0 of total eligible employees for the duration of the contract. V~.t , ~ ~t ,~- Authorized Rep n rive Date This is a general des iption of coverage. h is not a statement of contract. Actual coverage is subiec~ to the terms and conditions specified in the contract itself •nd enrollment regulations in force vrhen the contract becomes effective. Mme,,, v.. ~t Delta Dental Plan of lovva SETTLEMENT AGREEMENT WHEREAS, a dispute has arisen concerning the proper interpretation of certain provisions of the Collective Bargaining Agreement between the City of Iowa City and the Police Labor Relations Organization, and WHEREAS, the parties wish to resolve the dispute amicably and without the expense of formal arbitration procedures, The parties hereby enter into the following settlement agreement: 1. An officer who is assigned to the day watch and who is required to appear in court on a day scheduled as a whole day of paid leave (vacation, holiday or comp time) shalt be compensated according to the provisions of Article IX, Section 8 of the CBA if actual time worked is two hours or less. If actual time worked exceeds two hours, he/she shall be compensated at the straight time rate for actual time worked, and, the officer's leave usage for that day will be reduced by the actual time worked. 2. This agreement shall apply to the grievance filed by Joel Myers and shall be similarly adjusted for Ralph Cox and shall. otherwise apply prospectively only .to situations arising after the date of this agreement. 3. The pending grievance of Myers is withdrawn. Dated this ~~ day of /~~ q k s ~ , f 993• City of Iowa City, fovea By: Police Labor Relations Organization mgr\asst\court.agt rnt~ Prepared by: Karen Jennings, Personnel, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5026 RESOLUTION NO. 10-270 RESOLUTION ESTABLISHING CLASSIFICATION/COMPENSATION PLANS FOR CONFIDENTIAL/ADMINISTRATIVE EMPLOYEES AND EXECUTIVE EMPLOYEES FOR FY11 and FY12 WHEREAS, the City of Iowa City employs certain employees referred to as Confidential, Administrative, and Executive personnel; WHEREAS, it is necessary to establish position classifications and compensation ranges for said personnel; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT Confidential/Administrative and Executive employees shall receive compensation as established by the FY11 and FY12 Confidential/Administrative and Executive Classification Compensation Plans as attached. Passed and approved this 10th day of May . 20-LO-- /.~~i~. MAYOR ~"' V v ~ - ` ATTEST: CIT LERK City Attor ey's Offi ~,.~ _ It was moved by Mims and seconded by Bailey the Resolution be adopted, and upon roll call there were: AYES: ~- ~_ -IL-- ~_ X /humanrel/res/adminconfex payplan-11-12.doc NAYS: ABSENT: Bailey ~ Champion Dickens Hayek Mims Wilburn Wright :/'/ ~ ~ ~ 1 Q ~°o°o °o°oo v°o°o od°•a ~ ri o o co 0 o m ca N O O N 00 0 N CrD ~ ~~~ fA m V EA O O EA N O` T tND (O (D A N N 1~ W W A N N a °' u' u' W u? 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O p n n n O p w a (n ~ c Q ~~ • utS m rn o d L Q m e a~ rn o U U i i i y aci U o ~ ~ ~ c ~ 'm ~ ai o ~ ~ Q m ~ L ~ ~ '~ ~+ ~° w ~ °~ ~ rn c ' n a ~ n n n E Z ~ ~ ~ E~ U °: Z, Z, c m ~ o c 'm m cs m m a m 'a c ~ ~ ~ o . >- .~ rn N w U ~ a~ ~ 'y E ~ y E v t ~ ~ ~ E ~ ti .~ in ~ c - m W 2 ~ •N ¢ O ~O U o U~ `~~ ~= ' ° °O U U n n . ¢ ~QQ ~Q w Q ¢ a cn> rn a Cn ininc Q T lC a E E '% f0 E N (6 a X C O U Q r N_ Li.. O T a 0 U ° ° ° °O ° ° ° n c y c v o oo O c o o.o ~ O ~ V to M <n O CO CO bq Cp .--. 69 O O 69 M ~ M ~ V V ~ ~ eA O) Efl O fA ~ ~ ~ ~` X 0 0 O O N O O T a0 O O V ap W N CD (D d W~ ~j Op Op t0 N N ~ ~ O 1~ r ~ Hn ~v~ ~ e sov ~ ~ n ~ ° ° ° o ° ' ° v N N . T o o v . v v r N ~ N V V r~ I- V O O ~ Cn CO fA M .- EA UY ffl a0 a0 m CO ~ ~ EA d9 O ~ ER 00 N O O O O O n O O d T O O O M a0 O W CO cD N O N ~~ V N N A N N C EA ~ ~ ~ ~ ~ n N N O O n 0 0 N O O d ~ CO (D (O W O (O M (O CO N N H M O N N ~ Cn V 7 V) O C t D ~ ~ ~ ~ ~ ~ CD OO ° ° O O cva° a ~, r i. v v, vO O m n v w M ~ O N F- ~ M CA ~ 'C ( O V (/~ M EA O) n EA N ~- EA In 0 c~i n m v c~ e» n ~» ro E» rn EA EA fA ~ O O O N 0 M 0 d T D C O ~ ( N ( D C 0 p N O V A N I- ~ M o O N c*~ (n N EA aD ~ CR .- M 69 ch O ~ ~ ~ ~ ~ O vs v> efl ~ o cO o o co 0 o cO o 0 a E ao ao eo n m ao ao m ro w v ao m ~ 0 0 o ao ao ~ ~ O ~ ~ ~ (n r ~ ~ ~ N N N M W M V e»n F»n F»oo us ~» ~ `'~ o moo moo voo d E O c1 d' n 0 0 n N N W C'7 N N Cf) 0 0 W O O N ~ ~ ~ p M ~ ~ O ~ ~ ~ a D ~ r ~ O fA 00 V3 Vi EA N O ~ O 0 0 ~ E M N N O C O C n 0 0 0 0 W F- ~ n O M m t~ 07 M ~f07 Cn O o M 69 to ~ b9 n N ( EA Q1 M N N N O N CO ~ ~ V3 ~ ~ ~ ca o o n o o n o 0 n. o ao m .- co o n o ca w M N ~ F- N~~ _ c` 7 n (+ 7 p N Cn /A M (O fH to O fA n M N ~ N O N N CA CO Ef3 CD V) I~ CH ~ ~ ~ ~ O ~, M O U N c ~ Z' E o o ~ ~ c `o ~ m ~ Q r ~ ~ C O O p U C p O 'O ~ d C r m ' Y Q C N Cy ~ C O f6 7 U LL atS O C N ~ .C O ~~ M C O E N N O- O L U M ~ Q -O C/~ .N.. 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T v v d' N O O v v N O O W OD a0 M O O M. v v n 0 0 ~~ N n N (O (O N n N 00 N (n M 69 n (D 59 a0 M Efl O M Hi (D v ~~ N ~ v~v is3 s S fA fA EA b9 ~ N (O O O n 0 0 N O O In 0 0 a i~ n w m v co co r~ co co M o 0 w o 0 0 ~i ~ ~ v Sri Sri co ao ao H~ N O O N O M N a a0 N O O (n N fA CO b4 n n tH O) ~A fR ~-- e0 ~ M r (O ~ O N V e» v e» v <» .n r» ~n vs va va ~» ~ c cDOO voo 000 ~noo d E O O W n N N to 0 0 v 0 0 w o v v of of ri o o ui co cfl F- °O N O N N M N a0 00 N M M (n ~ EA CO n b4 n N fR 00 a0 EA O m r ~ ~ 00 N N 69 v fH '7 69 V fA In y3 ~ ~ v> °' d n. ~ W N ~ `_' N O X 0 0 n 0 0 N O O .- O O a ~ v, oo eo rn cD co co v v co 00 00 ~ ~ N n n N~~ N I- ~ ~ O O (n EA ~ M EA (D (D fA a0 .- EH O r O .- M .- ~ fA v H9 v 69 d' E9 ll) fA ER fR fR X 0 0 M O O X 0 0 M O O d M aD oO n v v N O O O v V n ~ ~ H ~ O m~ N N N N~ (n fA M O fA tt Q1 69 (O ~ ff) n (O ~ (O r OD r N ~~ EA M ER M 69 V' fA V' EA V3 fR b9 O (0 C N F d ~ n ~ N N Cn _ N C N 0 C j, 7 N~ C~ ~ N U >. ~ Q N .~ G N V N N N d O. 'i `~ .« N ; 0 Q ~ C ~ f0 N "O O C o ~ m °~ ° r `~ c ~ ~ ~ ~ ~ ~ o Q a m ' a~ o ~ ~ o U N w m U U m ,~ ~ o U _ O N j C C L U N ~ 0 0 N N !n ,O W U E N N~ U a 2~ C C a r E 'C N z C U ~ ~ ~~ ~ C ~ ~' N N~ a Q C (n ~' O U m O a v na i o ~ ~ E 0 o n - o U m a E-o o>~ - E y m ~~ m Q a ^ Q~ o ¢U ~in0 ~ aa^a o ~ o ¢mw~0 ainUU~a~ U! d d T O a E d 0 a N a x r CO X C O UC C a Q N N ~- ~- LL O Q O U v m a~ co a. X w C O U E Q ~= N LL O J, Q O U r O N CO N W Z N ~-- LL z a a W ~_ U W W ~ noo cooo ~ t0 c0 c0 N o0 ap ~ ~ N N V N r 64 t~ r C O EH N 1~ ~ ~ N ~ M Ef) fA ~ ~ co 0 o CO a0 W rn o 0 h N N ~ h N N O c*~ M _ ~ M ~ ~ Z_ O 6 9 N ~ ~ ~ ~ ~ ~ ~ O U N 0 N U ~ O M N ` M ~ _~ O C p N O p U ~ U O ~ ~ Y O ~ ~ N U U ~ _ d ~' p L O r N p p otf t ~ U m U~ Q _ U p ~ U N c ~c p ~ .~ ii2~~-aa ¢u. as i 0 W W V V C N N n a 0 ~ X 0 0 M O O V~ r W ~ ~ 69 ~ a0 69 M M (~J N M M O M oO ~ 69 ~ f+9 b09 ~ 609 ~ (V a 0 O O N ~ p p ~ N N cn (n fi M a ~ ~ W ~ M 7 ( n C n ~ ~ I- h ~ h M EA O '- d) N cn ~ nj N I~ M M EA ~ ~ E,9 ~ ~ D) ~ ° ~ ° rno o a ~ om v ° o o M 0 N A N F- ~ ( 7 ~ r M ( D M ~ ~p fp cp O~ 69 00 In E9 ~ °7 0 ~ ~ M W ~ ( 0 6 9 Ep d9 f/3 a ~ o ° ° o ~ o a v co m a o u i, o 0 N N N N 0 N ~ ~ m ~ O ~ ~ Y~ ~ t A C O N cn ~ ~ 69 ~ ~ ~ E13 (A ~ tl1 V O O ~n o o v o 0 d T O N N V O O N N N ~ ~ f- ~ M 1~ LLi M h M O (n ~ EA ~ M Ef3 fD tf) fA 00 M N V ~ 0 N N EA O 0 ( 6 9 ~ ~ 69 0 N N O O M O O N O O d T O O O M V V O 'ci V W Q) M M N Cn CD ~ (D Cn F- ~ N m M M 0 V M O (D fn (n M E9 M N b9 N N X 0 0 X N (V ~ ~ ~ n •~ 6H O C O C ~ ~ ~ O U ~ N N O O M O O O O d T m CO t0 N V V eD aD a0 ~ ~ N N ~.-j eD t0 M V V Q Cn fV ` 69 M ~ C 00i ~ ~ c+N7 N O N V N O v a ~ ~ L d ° °D ~ ~ ° ° ~ ° ° L a O v o o v v E W~ r O O O N N N O 0 . O ~ ~ N m _ ~ ~ O ~ ~ ~ h (° a 69 69 69 V m m a ° ° ~ ° o E o o v v v o c o c n W N (D (n c0 a0 (D (n N , , L a . ~ ~ ~ ~ O 6 9 N V 69 V ~(? _ ~ ~ ~ ~ ~ C 6q 0 Ep fA 7 N d a ° ° o ° o° ~ o ° ° T ~ o v v v , v v o o 0 N O O ~~ °. 1D F- N O ( D N ~ (n EA O ~ EA ~ ~7 Eff M .- ql ~ ~ ~ 69 ~ ` ~ V C ° o 0 o° N o o n. o o ~ c o v , v a O, c n, c o N , N O O ~~ N N ~ F- Cn 69 O V' N 69 O V_ (D 69 N 00 ~' Ij ~ ~ ~ ~ EA V t ~ E9 V3 69 a Z 'rn o - ~ d o c ~ d N N .~ U 0 0 R ~ r ~o 0 U v, m y ~ ~ ~ c cn ~ .~ p~ ~ ~ m ~ ~. ~ o- m >, oa ~ c ~ ~ -o Q c E ~ e. 0 ~ ~ C ~ N N O~ N ~ . N O . N (n N f0 (n N C Q ~ O~ ' Q C Y U~ ~ C U n~~ > O > ~ J ` ~ T ~ ~ ~ 0 7~ (n ~ U p C U 0' L Q C1 Z 'O 'O N N C N ~ fl ~ p d d d p N N d~ t9 ~ C C a j 'O 7 ~ O) m W (0 d Q ~ _C ~ C) O` (~ . ~ U fn Cn V) N U O N e w ~ f0 O N O~ Q m 7~ 'y N Q N Z ~~ O) C 'y d C fA ~ I i O. 7 ~~ ~ N~ d ~ U d ~~ ~ W L N N N N ~ N~ C~ O '~ N d n A N ql m W Q C tN Vl to O~ O. O y O N N Q N N V ~ .~ N 7 7 T 0 >. (0 O O d N Q d Q Q Q Q ~ J O~ Q U U~ W ~ Q Q J J ~ 2 a (n ~ (n U U a to cn fn !n Q e x N O O ~ O O N O O V (D (O Q V; CO (O f~ O O ~ O ` M COO CO CO to M n ~ ui EH h ~ fA O ~ EA ~f N ~ rn ~ o ~ ~ ~ ~ O yj O~ O O O O O 1~ O O ~" st N N O O O CO CO d ~ w u? cj m M n ~ 00 00 v co ca O f~ h ~ ~ H 1~ v ~ i 69 V' V fA 1~ Cn ER O O ~ M O rsi rn Efl O Efl O ~ rn 0 V O O N O ~~ O C 0 O D, CO C T M Cn tG ~ M V' ~ CO ~ ~ (A ~ ~ ~ W fA O ~ ~ EA a ~ ° ° ° ° °D p ° ~ O O m m m ' n. v, w ° voM vow F -'~ v vv (n IA Efl N ~ EA «7 ~t eA O O) M V M M W EA CO ff3 O fA O ~ ~ U1 O O O d ~' N O O to O O T O N F- ~ M M M O V 'd' O O (n `7 EA ~ N 69 rh ~ EA CO CD M W M i17 b9 0 ~ ~ ~ ~ d 9 O A N N d ~' O N N CD CO N ~ ~ N V Cn M B O O ~ b 9 C ~ ~ ~ W ~ m ~ ~ ~ `n ~ o 0 0 m o o ~ o 0 a c0 ao o co co m rn o 0 ~ N M M M F~ M f 7 N G V M fn N fA m N ffl ~ 69 V M N CO N ~ ~ W fA f~ a 0 ~ ~ ~ ~ O Q) 0 0 M O O f~ O O p_ ~ M N N M V d' V CD O { M O ^ N H~ M M . -- C D N '7 ~ r bq Op Cp EA O I~ EA M N ~ ~ ~ a o N ° ° N o o M o 0 u i c fl c o m c 0 ~ ~ ~ ~ ~ ~ N o o ° ~ o o N a E ooa om O vc a oo o ~ ~ ~~ ~ ~ O 0 O O N N a ~ p p W O o D 0 C 0 N G M N O F'- M O N M M (n b9 V CO EA CD m EA M ~ N ~ t 9 O (D EA 1~ ~ ~ ~ ~ T Cn U °~ ~ Z' ` E o c ~ c o d 0 ~ 0 ~ ~ c ~ U O C L C O C O M "T' N C M O C1 ~ c m ~' U I.. ut5 ~ y :c n ~' ~ S C g 'E ~ ~- o r U ~ ° 0 ~~ '~ w~ ~ C rn 0 C E Cn w O ~ N 'O 9 N N U C f- N + . C 0 O '~ ~ O -O N ~ w Q C ~ N N O 7 .O~ U ~' ~ O . O O a O C LL ~ C C U U ~ ~; d d ~_ cn m O~ E C U c~ N ~ O • m N m c o G E N c o ~. a ~o~~a~~~ ~>>~ o~`~~ ~~~a ~~~~N y a mU~ a~u~ rn cnu~~ rwinw -~aa ~~Oiia iv M m cv d M X C O U E Q N N LL O T a O U a~ a. X w C O U E Q N N w O T d O U r r O N N W 00 W U W N Z J a. Q a W U W W ~ lD ~ W N V d' ~ E ~ m ~ ~ C O V ( D O ( fA 00 m EA N r ~ ~ N ~ (~~ fA b4 ° ° ° ° ° ~ o c N c o o o v ~ 00 h h N ~ _ Z ~ O V ~ M ~ ~ M m V3 f~ fh (D EH oD 69 ~ 0 U N N U M _ Z U O of N U M N N ~"~ ~ N (n ^ O O C ^ f0 O N ~ ~ O ` ~ ~ N~ Q p~~ ~ ~' ^ L O off U v U ~ ~ U^ ~ ~ N cY^ .N ~ m. ^~,.®~ C[TY OF [OWA CITY 25 ®~~~ RA N D t~ ~ ~ENIC~ Date: May 6, 2010 To: City Council ~ From: Dale Helling, Interim City Manager Re: Administrative/Confidential/Executive Employees Compensation Plan Item #25 on your May 10 meeting agenda is a resolution approving the FY11-12 compensation plan for confidential, administrative, and executive employees. The wage and salary percentage adjustments are the same as those negotiated with the general employee bargaining unit represented by AFSCME. Historically, these compensation adjustments have mirrored one another. These increases are included in the adopted FY11 budget and in FY12 expenditure projections for the three-year financial plan. For FY11, the negotiated across-the-board increases are identical for all bargaining unit employees and for FY 12 they are the same for the AFSCME and Firefighter's units. The Police agreement is for one year only. M~ 26 Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 10-271 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH SUMMER OF THE ARTS, INC. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION, AND POSSESSION OF BEER DURING ARTS FEST AND JAZZ FEST WITHIN A SPECIFIED AREA ON A CITY STREET. WHEREAS, section 4-5-3D of the City Code allows private entities to sell wine and beer and persons to consume wine and beer in a city park, on public right-of-way or on a city ground excluding public buildings under limited circumstances; WHEREAS, Summer of the Arts, Inc. would like to be able to sell beer in a demarcated area on a City street during Arts Fest and Jazz Fest; and WHEREAS, it is in the City of Iowa City's interest to execute the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest to the attached agreement. Passed and approved this 10th day of Mav , 2010. ATTEST: CITY CLERK - ~ "~ MAYOR Approved by City Attorney's Office Resolution No. 10-271 Page 2 It was moved by wri~ht and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: x x X ~_ ~- x wpdata/glossary/resolution-ic.doc NAYS: " ABSENT: Bailey x Champion Dickens Hayek Mims Wilburn Wright •' tr fiF ' z ~ cr Z ci ~~ ~ ' i ~ ~ ---. _ _ _ .. p ~ - ~" '~ n ~ ~ ~ ~~ r WAs m ,~ - ~ i ~ ~, ~ ~ ~ ~ -; R ~ ~i ~ V ' F {~ ` ~ ((''~~~ V-' J C/ ~ ` .~ 4 ~ ~ 7 L-~ J ; m; _ ~ a ~ ~ ~ m ~~ ~ ~ ~ S ~v i 6 A,e = a- ~ : ~; ~.. EXHIBIT 0 Q m o 0 -- ~ w O 0 c i 4 -~.. ~ ~ V v ! ~J ~ r L ~° ~ '° ~~ _ ~ ~ ~ ~ a -~ a `(1~• ~ T ~ ~ r. 5 ~~ EXHIBIT ~~ ~ ~ ~ _ ~, _ ~ ~- W ~~ ~ ~ - - ~ ~ 0 ~ ~ c9 ~~ q ~ ~ ~. ~ ~~ ~~ a. ~ ~ ~ m ~ ~ z '° ~ ~ ~.~ ~ ~ fi' m ~ ~~ _~~ ~ ~ -~ ~ `~ ~ `~ d x ~ ~ - d ~ s ~ ~ b ~, r SCR . N ASE \ ~ ~ ~ ~ ~ ~ ,. ~ . ~ ~ N ~ ~ r 6 ~ ~ ~ - ~ J L ~ 0 0 0 o ~-. ~_ s ~. rn ~ ~° - w ,-~: . ~- Sv _ ~ ~- G N c~ 7 -- ~ 'ir ~-----3 ~ { + ~ EXHIBIT C ~--' Z 0 z J U 319.7 ^ 35.0 r- Q x700 O 5 I.0 ~ 0 ~/ JEFFERSON ST So 0 i, %1 IOWA AVE PITA PIT JOE'S PLACE _ __ 808 JEFFERSON ST a a~ o 0 0 0~ a ~~ ' Main Stage 1[cr¢iC r----- 752.5 -----I ;.'~j~g [~' ^~^ ~-to.ol so.o ' 35.0 vo~O IOWA AVE - ~ \ r-- to.o _[- z . . - ' 176.3 -~-1 .. '17T~:1Z THE AIR QUARTE TAKANAMI ATLAS DULCINEA INDUSTRY a [0 zs 50 teu I~- 61.7 --~ OFA AQrnt redline(2).doc hops://mail.google.com/mail/?ui=2&it~d79f'96b4b5&view=att&th=12... AGREEMENT BETWEEN THE CITY OF IOWA CITY AND SUMMER OF THE ARTS, Ild€:. TO ALLOW THE TEMPORARY AND LIMITED SALE, CONSUMPTION. AND POSSESSiOt~ OF BEER DURING ARTS FEST AND JAZZ FEST This Agreement is made between Summer of the Arts, Inc. ("SOYA") and the City of Iowa Gity, a municipal corporation ("City"), in Iowa City, Iowa. WHEREAS. SOYA is an "authorized entity" as that term is defined in section 4-5-3D of the City Code; WHEREAS, SOYA has applied for a license to sell beer during the Iowa Arts Festival ("Arts Fest") and the Iowa City Jazz Festival ("Jazz Fest") in downtown Iowa City; and WHEREAS, the parties wish to enter into an agreement to allow SOYA to sell beer and to allow persons to possess and consume beer under limited circumstances on downtown City streets. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. Authorized Site. a) Arts Fest. In consideration for SOTA's promises herein, the City agrees to allow SOYA control over the following area north of 215 Iowa Avenue from June 4, 2010 through June 6. 201l:1~ The area shall begin at a point 4 feet north of the west end of the curb cut for the alley adjacent to Hair Quarters and continue east on Iowa Avenue 90 feet. The line wilt then go north 35 feet to approximately the center lane of Iowa Avenue. The line will then go west for 90 feet. The line will then go south 35 feet to the point of beginning 4 feet north of the curb cut. The area shall also include an adjoining area measuring 10 feet by 10 feet area on the northwest corner. ("Arts Fest authorized site"} Attached, marked Exhibit A, and incorporated herein is an illustration of the Arts Fest authorized site. b) Jazz Fest. In consideration for SOTA's promises herein, the City agrees to allow SOYA control over the following area east of MacBride Hall on N. Clinton Street from July 2, 2010 through July 4, 2010: The area shall begin at a point 4 feet east of the curb and approximately 55 feet north of the northernmost crosswalk at Clinton Street and Iowa Avenue and continue north 110 ~f 6 5/5/2010 ] 2:35 PM OFA Agmt redline(2).doc https://mail.google.com/mail/?ui=2&i1~d79f96b4b5&view=att&th=12.. feet. The line will then go east 35 feet approximately to the center line of North Clinton Street. The line will then go south 110 feet. The line will then go west 35 feet to the point of beginning 4 feet north of the curb. The area shall also include an adjoining area measuring 10 feet by 10 feet area on the southeast corner. ,~ ("Jazz Fest authorized site) Attached, marked Exhibit B, and incorporated herein is an illustration of the Jazz Fest authorized site. c. Street Diagram. Attached, marked Exhibit C, and incorporated herein is a diagram showing the locations of the authorized sites on Iowa Avenue and N. Clinton Street. 2. Term. This agreement shall commence on June 4, 2010 and shall expire on June 6, 2010 for Arts Fest and shall commence again on July 2, 2010 and shall expire again on July 4, 2010 for Jazz Fest. 3. Access. SOTA shall take all reasonable steps to ensure that every person on the authorized site has a stamp or wrist band for entry or is an employee of, an independent contractor of, or volunteer for SOTA and shall exclude any person who is not. 4. License. This agreement is void if SOTA does not have a license to sell beer on the Arts Fest authorized site at any time during the period of June 4, 2010 through June 6, 2010 and on the Jazz Fest authorized site at any time during the period of July 2, 2010 through July 4, 2010. 5. Sale of Beer and Alcohol Restrictions. SOTA shall only sell beer to a person who is over twenty-one (21) years of age. SOTA acknowledges that the authorized sites are subject to all applicable alcohol restrictions in the City Code including Ordinance No. 10-4388 that restricts entry to those over twenty-one (21) years of age after 10:00 p.m. with limited exception. 6. Advertisement. SOTA shall not, nor shall it allow anyone to, erect or place any sign or other matter advertising any brand of alcoholic liquor, beer, or wine upon the authorized site with the exception that signage may be placed on the interior tent wall. ~f 6 5/5/2010 12:35 PIV SOFA Agmt redline(2).doc https:/; mail.google.com/mail/?ui=2&i1~d79196b4b5&view=att&th=12... 7. Inspection. City staff, including the Iowa City Police Department, may periodically inspect the authorized sites without any prior notice to determine compliance with the terms of this agreement. Debris and Trash. SOTA shall be solely responsible for collecting all debris and trash from the authorized sites, and the City shall then remove the debris and trash. If SOTA fails to do so and if City staff has to collect the debris and trash from the authorized sites, SOTA may be responsible for the cost incurred by the City, including staff time, and shall pay the costs in full within thirty (30) days of receiving an invoice. 9. No Smoking. Smoking is prohibited in the authorized sites, and SOTA shall post a no-smoking a sign at the front entrance to the authorized sites and two signs inside the authorized sites. The signs shall comply with Iowa Code Section 142D.6 (2009). 10. Temporary Toilet Facilities. SOTA shall provide at its sole cost six (6) temporary toilet facilities during Arts Fest in the location shown on Exhibit A and eight (8) temporary toilet facilities during Jazz Fest in the location shown on Exhibit B, including two (2) that are handicap accessible. 11. Occupancy and Exits. The maximum occupancy load of the Arts Fest authorized site is 180 persons and the Jazz Fest authorized site is 220 persons, and SOTA is solely responsible for maintaining the occupancy limits. SOTA shall post a sign with the maximum occupancy load inside the authorized site. SOTA shall maintain two (2) exits in each authorized site and post "exit" signs at both exits, with the location and size of the signs to be approved by the City Fire Department. Each exit must be a minimum 36 inches in width. 12. Anchoring and Drilling. SOTA shall not drill any holes into the pavement or the sidewalk and shall not anchor a tent tie down or pole to the pavement or the sidewalk. 13. Insurance. a. Premises Insurance. From June 4, 2010 through June 6, 2010, and from July 2, 2010 through July 4, 2010 SOTA shall carry comprehensive general liability insurance for bodily injury and property damage on the Arts Fest and Jazz Fest authorized sites respectively in the amount of $1,000,000 (one million dollars) for each occurrence and $2,000,000 (two million dollars) in the aggregate and shall name the City as an additional insured. SOTA shall ~f 6 5/5/2010 12:35 PM iOFA Agmt redline(2).doc https://mail.google.com/mail/?ui=2&ik=d79f96b4b5&view=att&th=12.. furnish a copy of a certificate of insurance for same, satisfactory to the City at the time of execution of this agreement. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. b) Dram Shop Insurance. From June 4, 2010 through June 6, 2010, and from July 2, 2010 through July 4, 2010 SOTA shall carry "dram shop" insurance in compliance with Iowa Code section 123.92 (2009) in the amount of $500,000 (five hundred thousand dollars}. SOTA shall provide thirty (30) days notice to the City before cancellation of said insurance, and said cancellation shall automatically terminate this Agreement. 14, Indemnification. SOTA shall pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from the use of the authorized sight or sale, consumption, or possession of beer on the authorized site, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City, its officers, employees and agents any claim against the City, its officers, employees, and agents arising out of the use of the authorized site or sale, consumption, or possession of beer on the Arts Fest and Jazz Fest authorized sites. 15. Non-Discrimination. SOTA shall not discriminate against any person m employment or public accommodation because of race, religion, color, creed, gender identity, sex, national origin, sexual orientation, mental or physical disability, marital status or age. "Employment" shall include but not be limited to hiring, accepting, registering, classifying, promoting, or referring to employment. "Public accommodation" shall include but not be limited to providing goods, services, facilities, privileges and advantages to the public. 16. Termination. The City may terminate this agreement upon written notice for violation of any provision of this agreement. 17. Assignment and Subletting. SOTA shall not assign or sublet this agreement without prior written approval of the City. 18. Entire Agreement. This constitutes the whole agreement between the parties, and may be modified in writing only, duly signed by the parties. SUMMER OF THE ARTS, INC. / By: L~~s~ ~. ~~~-nes of 6 5/5/20] 0 12:35 PA 30FA Agmt redline(2).doc https://mail.google.com/mail/?ui=2&i1c=d79f96b4b5&view=att8cth=12.. THE CITY OF IOWA CITY Marian K. Karr, City Clerk Matthew J. Hayek, Mayor SUMMER OF THE ARTS, INC. ACKNOWLEDGMENT STATE OF IOWA ) SS: JOHNSON COUNTY ) This instrument was acknowledged before me on Li SCE ~S. ~C~rin.4 5 ___ aS ~.X-P~u-F~ r! ~e ~.L~ ~ reC i-or trustee, etc.) of Summer of the Arts, Inc. Notary Public in and for the State of Iowa > ,T~~~m SONDRAE FORT My Commission expires: ~ 1 ~ l a~« _ ~ Commission Number 159791 My Commission Expires ow 3 ~oia. CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) On this (b~ day of ~At~ , 2010, before me, the undersigned, a notary public in and for the State Iowa, personally appeared Matthew J. Hayek 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 municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .~~~m SONDRAE FORT ?~ Commission Number 159791 S`arrs~nac~ ~~ My Co fission Expires ow oZ e"!. MTV ~ , 2010 by (name(s) of person(s)) (type of authority, e.g, officer, of 6 5/5/2010 12:35 PN 30FA Agmt redline(2).doc hops://mail.google.com/mail/?ui=2&ik=d79f~6b4b5&view=att&th=12.. Notary Public in and for the State of Iowa My Commission expires: 3/7~~<~ Approved by~ ~~ s~ ~ - %~ City Attorney's Office of 6 5/5/2010 12:35 PIv EXHIBIT C ~-' Z 0 Z J U ale. Ss.o f-- ~ „oo a {-10.0 t _ - o.o 55 0 ~ ~~ j . ~i [I I I -SCCllS1lSL - ~. iT r- i [~ ii~ta. a:rl. / ~~ ~ ~ /\/, ^ \\\O, l~~ i JEFFERSON ST --T r~ _, IOWA AVE PITA PIT JOE'S PLACE 808 RESTAU a a ATLAS Mafn Stage C! JEFFERSON ST U ~~ U ~~ Cl ~ I--- 152.5 --~~-\\ ~ I"-' 61.7 -I ~.________ r 10.0' g0.0 ~ _C 35.0 IOWA AVE t- - lo.o 176.3 1 THE AIR QUARTE TAKANAMI DULCINEA INDUSTRY o in zs sn Inn ~ tt ._ Z1 b cy -c ~~ ~ ~ ~ -'~ -o ~ { --~ --b m ~ ~ ~~,,,~ , --b ~~ m ~ ~ `~ -~ "~ ~ ~ ~ .d ~ ~ ~ z_ S s ~ ~ \J ~ ~ ~ ~, ~ R Z- m ~ d G [~ \3 ~: ~ S- ~Ii 6A~2 -~ '~ ~ ~; ~ c ~ ' .. _ ~~ 3 ~ f~ C~ ~ N =r ~' EXHIBIT n 0 0 w a r C-1 ~ j C~ r rn ~ ~ ~ _ ~ ~ ~ ~ '° _ ~ ~ ~ J ,I p \' ~' ~ ~,..- _. ~ •. 5Lti ~ EXHIBIT `~ ~ _ 3~-r+ ~ c ~. ~ _ - ~ ~ 0 ~~ a ~~ ~, ~. ~ (V~ ~'" Z ~ - ~ ~, _ Z ~ .~ ~ ~ ~~ , ~ ~ ~ m ~ m ~ ~ CD 3 fi m 4 ., ~~ ~~ ~ -~ ~ r ~ ~' d s .~ n ~_ d s ~ ~ R ~ C S~,R `° ~ n1 AxE ~ ~ b -~ ~ _ G~ ~ ~ ~ N -~ ~ ~ .~ ~:- -t 0 0 _. o ~_ a ~.. S ~ R-.. ~° - vw ~ ,.-~- Sv N G N ~ ~ ~_ Summer of the Arts, Inc. Marian Karr Page 1 of 1 ,;'_ ~,, From: Donald G. Thompson [dthompson@bradleyriley.com] Sent: Tuesday, May 04, 2010 1:51 PM To: Council Cc: Denzel L. Coberly; Lisa Barnes; Shane Schemmel; Wagner, Jason; commonsense@mchsi.com; Donald G. Thompson; Lisa Baum; Beth Bewley-Randall Subject: Summer of the Arts, Inc. Attachments: 00880333. P DF This correspondence will become a public record. Dear City Council Members: I've attached a letter that I will also mail to you. I'm sending it by a-mail to make sure that it is included in the packet of information you will receive for the May 10 meeting during which the Agreement between the City of Iowa City and SotA relating to the beverage tents for Arts Fest and Jazz Fest will be discussed. Thank you for your continued support of SotA. Don Donald G. Thompson Attorney BRADLEY & RILEY PC ATTORNEYS & COUNSELORS Office Address One South Gilbert Street Iowa City, Iowa 52240-3914 Phone: (319) 358-5568 Fax: (319) 358-5560 Mailing Address 2007 First Avenue SE PO Box 2804 Cedar Rapids, Iowa 52406-2804 VCard I Email I LinkedIn I www.bradleyrile~m Please consider the environment before printing this email. Notice: Since email messages sent between you and Bradley & Riley PC and its employees are transmitted over the Internet, Bradley & Riley PC cannot assure that such messages are secure. You should be careful in transmitting information to Bradley 8 Riley PC that you consider confidential. If you are uncomfortable with such risks, you may decide not to use a-mail to communicate with Bradley & Riley PC. This message is covered by the Electronic Communication Privacy Act, 18 U. S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain information that is confidential and subject to the attorney-client privilege. It should also not be forwarded to anyone else. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the message and destroy your copy. Thank you. IRS Circular 230 Disclosure: To ensure compliance with the requirements imposed by the IRS, we inform you that (1) any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for purposes of avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any transaction or matter addressed herein or any attachments hereto. «00880333.PDF» 5/4/2010 F. James Bradley Byron G. Riley Michael K, Denney Patrick M. Courtney Donald G. Thompson Kelly R. Baier Gregory J. Seyfer Dean A. Spina Joseph E. Schmall Bradley G. Hart William J. Neppl William T. McCartan Maureen G. Kenney Vernon P. Squires Timothy J. Hill Paul D. Burns Michael J. Pugh Janice J. Kerkove Nancy A. Wood Shannon P. Thompson May 4, 2010 VIA E-MAIL & U.S. MAIL Council Members City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Kevin C. Papp `' Laura C. Mueller Kimberly H. Blankenship Joseph W, Younker - Jessica A. Doro Jeremy B. P. Hagan Natalie K. Ditmars Adam S. Tarr BRADLEY & RILEY PC ATTORNEYS AND COUNSELORS CEDAR RAPIDS -IOWA CITY WEI3SITE ADDRESS: www.hradlcyrilcy.com TOWER PLACE ONE SOUTH GILBERT STREET E-MAIL ADDRESS: IOWA CITY, IA 52240.3914 dthcunpxm(%hradlcyrilcy.com TELEPHONE: 319-466.1511 DIRECT DIAL: FAX: 319-358.5560 319.358.5568 Mailing Address: PO Boa 2304 Cedar Rapids, IA 52406-2804 RE: Summer of the Arts, Inc. -Agreement for the Temporary and Limited Sale, Consumption and Possession of Beer during Arts Fest and Jazz Fest Dear Council Members: I am writing as the President of the Summer of the Arts, Inc. Board of Directors in support of the proposed agreement between the City of Iowa City and Summer of the Arts, Inc. to allow the temporary and limited sale, consumption and possession of beer during Arts Fest and Jazz Fest. SotA staff and staff from the City of Iowa City have been involved in the discussions leading up to this agreement for many months. The City's staff have been very helpful and their positive attitude and assistance have been important to SotA, especially because this is the first time SotA has sought an agreement like this. SotA is also extremely grateful to Fleck Sales Co. and its President Dudley Fleck. Fleck Sales signed a sponsorship agreement with SotA in February. In exchange for becoming the Presenting Stage Sponsor for Iowa Arts Festival; Toyota-Scion of Iowa City Jazz Festival; Sand in the City presented by the Bank of the West; and the Friday Night Concert Series presented by the Iowa City Press-Citizen, Fleck Sales Co. will receive recognition that is specifically identified in its sponsorship agreement as the Presenting Stage Sponsor at all of those events. In {00879833.DOC} BRADLEY & RILEY PC Council Members May 4, 2010 Page 2 exchange, Fleck Sales Co. has made a significant cash gift to the Summer of the Arts, Inc. In addition, Fleck Sales Co. has made the beverage tents for the Jazz Fest and Arts Fest possible. I am confident that our sales at the two major festivals, together with the cash gift from Fleck Sales Co. will make Fleck Sales our second most significant sponsor after the City of Iowa. At a meeting on May 3, 2010, the City's staff suggested that SotA send a letter to you making you aware of our plans relating to sponsorship recognition for Fleck Sales and Fleck Sales' brands to avoid surprise. I agree that this is a good suggestion, and the purpose of this letter is to provide you with additional information regarding the Fleck Sales Co. sponsorship and our plans for beverage tents this summer. SotA approached the issue of beverage tents deliberately and with caution. Before we had serious discussions with any beer distributors, I met with both Tom Rocklin at the University of Iowa and Mayor Matt Hayek. I explained what our plans were and sought feedback from both Mr. Rocklin and Mayor Hayek. I was very pleased that both supported this effort. In fact, both Mr. Rocklin and Mayor Hayek expressed the sentiment that they were surprised it had taken SotA this long to realize that this was a good way for SotA to raise additional funds to support our festivals. While the City's continued financial support of SotA is essential, SotA's Board of Directors and staff have worked hard over the past several years to identify other sources of funding and to expand the number of sponsors and supporters for SotA. In order to continue our efforts to sustain and increase the amount of support we receive from the business community, it is essential that we are able to continue to recognize our major sponsors with premium banner placement as we've done in the past. Our agreement with Fleck Sales Co. entitles Fleck Sales to recognition through sponsorship signage and banners on the main stage for the Iowa Arts Festival; Toyota-Scion of Iowa City Jazz Festival; Sand in the City, presented by the Bank of the West; and the Friday Night Concert Series, presented by the Iowa City Press-Citizen. For the Arts Festival, Miller Light will be the main stage sponsor. For the Jazz Festival, Coors Light will be the main stage sponsor, and for the Friday Night Concert Series , Leinenkugel will be the main stage sponsor. Fleck Sales has not yet decided which of its brands will be recognized as the main stage sponsor for Sand in the City. In addition, I want to assure you that the staff and the Board of Directors of SotA are working very hard to make sure that our experience with the beverage tents in 2010 is successful and without controversy. We are committed to showing that responsible drinking at the beverage tents can enhance rather than detract from the experience of those attending our festivals. We have plans in place that will ensure that no one under the age of 21 enters our beverage tents, nor will anyone be allowed to bring in or take out any containers, including SotA bottles from the beverage tents. We believe that we have planned carefully to avoid any problems with underage drinking or the service of alcohol to intoxicated persons. BRADLEY & RILEY PC Council Members May 4, 2010 Page 3 I plan to appear before the City Council on Monday, May 10, together with Lisa Barnes and Shane Schemmel from the SotA office. We will be prepared to answer any questions that you may have regarding our plans. Thank you for your continued support. Sincerely yours, BRADLEY & RILE PC~ Donald G. Thompson `~.,,,, dlc >-' ~~ NOTICE TO BIDDERS 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the Cit~r of Iowa City, Iowa, until 2:30 P.M. on the 4t day of May, 2010. 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. Proposals received after this deadline will be returned to the bidder unopened. Proposals 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 10th day of May, 2010, or at special meeting called for that purpose. The Project will involve the following: Install 1,428 LF 12" DIP Water Main, Install 9 New Water Services, Remove and Replace 10,312 SF Sidewalk and other associated improvements. All work is to be done in strict compliance with the plans and specifications prepared by Loren W. Leach, P.E., 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 proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City 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 maintenance 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 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 five (5) 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: June 14, 2010 Specified Completion Date: August 16, 2010 Liquidated Damages: $200.00 per day 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 Iowa City Engineering Division Office in Iowa City, Iowa, by bona fide bidders. A $35.00 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 payable to 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 Prepared by: Jason Havel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5410 RESOLUTION NO. LO-272 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 2010 MUSCATINE AVENUE WATER MAIN REPLACEMENT PROJECT. 05-10-10 27 WHEREAS, Carter & Associates, Inc. of Coralville, Iowa, has submitted the lowest responsible bid of $304,760.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The contract for the construction of the above-named project is hereby awarded to Carter & Associates, Inc., 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. 3. The City Engineer is authorized to execute change orders as they may become necessary in the construction of the above-named project. Passed and approved this 10th day of Mav , 20 ~ ~ MAYOR c Approved by ATTEST: ~, - ~'~~L'~/ ~"~- ~~'' CIT LERK City Attorney's Office 6'~~~ao It was moved by Wilburn and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x ~_ x x x NAYS: ABSENT: Bailey x Champion Correia Hayek O'Donnell Wilburn Wright pweng\res\muscatine water award.doc 5110 e- ~, ADVERTISEMENT FOR BIDS Sycamore Street Improvements Lanaenbera Avenue to US Highway 6 Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 28th day of April, 2010, and shall be received in the City Clerk's office no later than said date and time. Sealed propos- als will be opened immediately thereafter by the City Engineer. Bids submitted by fax machine shall not be deemed a 'sealed bid' for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Emma J. Harvat at 7:00 P.M. on the 4th day of May, 2010, or at such later time and place as may then be scheduled. The Project will involve the following Improvements to Sycamore Street: Reconstruction from Langenberg Avenue to Burns Avenue; • Pavement and Sidewalk Rehabilitation from Burns Avenue to US Highway 6. Approximate project quantities include: 12,316 CY of excavation and embankment, 14,299 SY of 9" PCC roadway pavement, 1,649 SY of PCC pavement patching, 10,250 SY of PCC diamond grinding, 1,835 SY of 4" and 2,484 SY of 6" PCC sidewalk pavement, 5,249 LF of subdrain, 3,223 LF of storm sewer, 44 storm sewer structures, pavement markings, erosion control, seeding, traffic control and miscellaneous related work. All work is to be done in strict compliance with the plans and specifications prepared by Foth Infrastructure and Environment, LLC. of Cedar Rapids, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City, and must be accompanied in a sealed envelope, separate from the one containing the proposal by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until 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 Council, and shall guarantee the prompt payment of all materials and labor and also protect and 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 five (5) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Specified Start Date: Mav 24th, 2010 Completion Date: April 15 2011 Liquidated Damages: $800.00 per day The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks maybe secured at the office of the City Engineer of Iowa City 410 East Washington Street, Iowa City, Iowa 52240, by bona fide bidders. A $75.00 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 payable to: Treasurer of the City of Iowa City, Iowa. 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 subcontract. 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 quantities, unit prices and extended dollar amounts. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa reciprocal 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 l""~~. ~; ` 28 Prepared by: Dave Panos, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 10-273 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE SYCAMORE STREET FROM LANGENBERG AVENUE TO U.S. HIGHWAY 6 IMPROVEMENTS PROJECT. WHEREAS, Streb Construction Company, Inc. of Iowa City, Iowa has submitted the lowest responsible bid of $2,100,697.18 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The contract for the construction of the above-named project is hereby awarded to Streb Construction Company, Inc., 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 10th day of May , 2010. „ ~ ~ Mayor Approved by: __~~~ ~ ~ ~ ATTEST: ~~~ ~ ° City lerk City Attorney's Office Resolution No. 10-273 Page 2 and seconded by Mims the Resolution be It was moved by G7ilburn adopted, and upon roll call there were: AYES: ~- x ~- x x x wpdata/glossary/resolution-ic.doc NAYS: " ABSENT: Bailey x Champion Dickens Hayek Mims Wilburn Wright M-~~- Prepared by: Rory Wiebel, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5436 RESOLUTION NO. 10-274 RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND STANLEY CONSULTANTS, INC. TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE WASTEWATER TREATMENT FACILITIES CONSOLIDATION PROJECT. WHEREAS, the City of Iowa City desires to expand the capacity of the South Wastewater Treatment Plant to allow for the decommission and demolition of the flood-prone and aging North Wastewater Treatment Plant; and WHEREAS, this project will consolidate all wastewater operations at the South Plant site to provide flood protection, capacity for growth and accommodation of future regulatory requirements; and WHEREAS, the City desires the services of a consulting firm to prepare preliminary and final design for construction of the Wastewater Treatment Facilities Consolidation Project; and WHEREAS, the City of Iowa City has negotiated an Agreement for said .consulting services with Stanley Consultants to provide said services; and WHEREAS, it is in the public interest to enter into said Consultant Agreement with Stanley Consultants of Muscatine, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Consultant's Agreement attached hereto is in the public interest, and is approved as to form and content. 2. The Mayor and City Clerk are hereby authorized and directed to execute the attached Consultant's Agreement. Passed and approved this 10th day of May , 20 to ~~.~4 a MAYOR ATTEST: CIT LERK Approved by ~(%~f ct ~dZ~'~vLc~'J~ N~~~ City Attorney's Office ~ /S/!v r rt,~~,. b~ ~'~ ~:,,~.. Pwenglres/slan leyagt. doc Resolution No. 10-274 Page 2 It was moved by sailey and seconded by Mims the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey. x Champion x Dickens _~_ Hayek _~ Mims x Wilburn ~_ Wright wpdata/glossary/resolution-ic. doc CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 10th day of May , 2010, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and Stanley Consultant, Inc. of Muscatine, Iowa hereinafter referred to as the Consultant. WHEREAS, the City of Iowa City (City) intends to engage Consultant for planning, engineering, construction assistance, and commissioning services to expand the capacity of the South Wastewater Treatment Plant and related wastewater system planning services. The proposed project is based on the need to consolidate all wastewater operations at the South Plant site and to provide flood protection, capacity for growth and accommodation of future regulatory requirements; and WHEREAS, this project is estimated to cost $46 million and will be funded by multiple sources: $22 million U.S. Economic Development Administration (EDA) grant representing 48% of the total project cost, $5 million Iowa Department of Economic Development Community Development Block Grant (CDBG) representing 11 % of the total project cost, $3.495 million Iowa Jobs grant representing 8% of the total project cost and local funds including a local option sales tax; and WHEREAS, Consultant services were solicited through a Request for Qualifications (RFQ) that was advertised in regional newspapers and posted on the City's website in compliance with 15 CFR Part 24 (or 15 CFR Part14); and WHEREAS, Statements of Qualifications were received from four consultant firms and evaluated by the Selection Committee. The Committee selected two firms to invite for presentation/interview and ultimately the Committee selected Stanley Consultants based on qualifications and project specific criteria such as project approach, project alternative analysis, regulatory process experience, key personnel, schedule and energy efficiency. NOW THEREFORE, it is agreed by and between the parties hereto that the City does now contract with the Consultant to provide planning, design and construction services as set forth herein. SCOPE OF SERVICES Consultant agrees to perform the services described in EXHIBIT 1 -SCOPE OF SERVICES for the City, and to do so in a timely and satisfactory manner. TIME OF COMPLETION The Consultant shall complete the Project in accordance with the SCHEDULE presented in EXHIBIT 2 -SCHEDULE. III. GENERAL TERMS A. The Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. -2- 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, gender identity, or sexual orientation. B. Should the City terminate this Agreement, the Consultant shall be paid for all work and services performed up to the time of termination. However, such sums shall not be greater than the "lump surn" amount listed in Section IV. The City may terminate this Agreement upon seven (7) calendar days' written notice to the Consultant. C. This Agreement shall be binding upon the successors and assigns of the parties hereto, provided that no assignment shall be without the written consent of all Parties to said Agreement. D. It is understood and agreed that the retention of the Consultant by the City for the purpose of the Project shall be as an independent contractor and shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the Project. E. It is agreed by the City that all records and files pertaining to information needed by the Consultant for the project shall be available by said City upon reasonable request to the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed that no Party to this Agreement shall perform contrary to any state, federal, or local law or any of the ordinances of the City of Iowa City, Iowa. G. At the request of the City, the Consultant shall attend meetings of the City Council relative to the work set forth in this Agreement. Any requests made by the City shall be given with reasonable notice to the Consultant to assure attendance. H. The Consultant agrees to furnish, upon termination of this Agreement and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Consultant pursuant to this Agreement without cost, and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. In such event, the Consultant shall not be liable for the City's use of such documents on other projects. The Consultant agrees to furnish all reports, specifications, and drawings, with the seal of a professional engineer affixed thereto or such seal as required by Iowa law. The City agrees to tender the Consultant all fees in a timely manner, excepting, however, that failure of the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the Project in accordance with this Agreement. K. Should any section of this Agreement be found invalid, it is agreed that the remaining portion shall be deemed severable from the invalid portion and continue in full force and effect. -3- Original contract drawings shall become the property of the City. The Consultant shall be allowed to keep mylar reproducible copies for the Consultant's own filing use. M. Fees paid for securing approval of authorities having jurisdiction over the Project will be paid by the City. N. Upon signing this agreement, Consultant acknowledged that Section 362.5 of the Iowa Code prohibits a City officer or employee from having an interest in a contract with the City, and certifies that no employee or officer of the City, which includes members of the City Council and City boards and commissions, has an interest, either direct or indirect, in this agreement, that does not fall within the exceptions to said statutory provision enumerated in Section 362.5. Consultant must also comply with Federal conflicts-of-interest rules as published in 13 C.F.R. 302.17. O. The Consultant agrees at all times material to this Agreement to have and maintain professional liability insurance covering the Consultant's liability for the Consultant's negligent acts, errors and omissions to the City in the sum of $5,000,000. P. The City, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly authorized representatives, shall have access to any documents, books, papers, and records of the Consultant for the purpose of making an audit, examination, excerpts, and transcriptions. The Consultant shall maintain all required records for at least three years after the Recipient makes final payment and all pending matters are closed. IV. COMPENSATION FOR SERVICES A. The City shall compensate Consultant on an Hourly, plus Reimbursable Expenses basis for aNot-To-Exceed amount of Five Million, Seven Hundred, Fifty-Eight Thousand Dollars ($5,758,000.00) for services provided in Exhibit 1 -Scope of Services, Basic Services. Consultant's Hourly Labor rate shall be determined based on Consultant's prevailing: Direct Labor Rates (Form K 10-11, copy attached), Indirect Costs (Federally Audited Overhead), and Profit (Direct Labor + Indirect Labor + Reimbursable Expenses x 12%). Overhead and profit shall not be applied to subconsultant fees. The Not-To-Exceed amount is based on the following Schedule-of-Values: Planning Phase (Tasks 10 thru 110) $1,210,000 Task 10 -Services Area Plan Update Task 20 -South Plant Assessment Task 25 - Floodplain Analysis Task 30 -South Plant Alternatives Development Task 40 -Facility Plan Update Task 50 - 30-Year Sewer System Master Plan Task 60 -Regulatory and Funding Agency Coordination Task 100 -Project Management Task 110 -Quality Assurance/Quality Control Preliminary Engineering Phase (Task 200) $1,869,000 Final Design and Construction Documents (Task 300) $1,326,000 Bidding Phase Services (Task 400) $ 55,000 Construction Phase Services (Task 500) $1,045,000 Commissioning Assistance (Task 600) $ 253,000 Total Basic Services Not-to-Exceed: $5,758,000 -4- B. The City shall compensate Consultant for Additional Services on an hourly basis for Labor plus Reimbursable Expenses. Consultant shall not proceed with any additional services without written approval from the City. Consultant's Hourly Labor rate shall be determined based on Consultant's prevailing: Direct Labor Rates (Form K 10-11, copy attached), Indirect Costs (Federally Audited Overhead), and Profit (Direct Labor + Indirect Labor + Reimbursable Expenses x 12%). Overhead and profit shall not be applied to any subconsultant fees. No part of the fees for other services will be based on acost-plus-a-percentage-of--cost or a cost using a multiplier. V. MISCELLANEOUS A. All provisions of the Agreement shall be reconciled in accordance with the generally accepted standards of the Engineering Profession. B. It is further agreed that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, that it is the entire Agreement, and that no other monies or considerations have been solicited. C. Consultant hereby acknowledges that it has received a copy of and reviewed the U.S. Department of Commerce Financial Assistance Award Number 05-79-04921, Iowa Jobs (I-Jobs) Program Grant Award Agreement dated Jan 11, 2010 and Iowa Department of Economic Development Community Development Block Grant (CDBG) Program Disaster Recovery Infrastructure Contract Number 08-DRI-071., Consultant hereby agrees to comply with and assist the City in complying with the terms and requirements of the funding sources set forth therein. FOR THE CITY By: Title: A tt o r Date: May 10 , 2010 ATTEST: .~z.~ ~1/ cr~ry C~E~.~ FO HE CONSULTANT ~,' ~--. By: Title: y ~~ ~Ffi~~~-~ Date: _~ _.2010 Approved by: ut~. J~'I~n w~~ e~{a~, City Attorney's Office ~ CO ~10 Date pwlforms\con sa gmt.frm EXHIBIT 1 SCOPE OF SERVICES Consultant agrees to perform the following services for the City, and to do so in a timely and satisfactory manner. 1.0 BACKGROUND: The City of Iowa City (CITY) desires to consolidate wastewater treatment operations at the South Treatment Plant allowing demolition of the aging and flood-prone North Treatment Plant. The demolition and re-development of the North Plant site are not part of this project except for modifications necessary to divert flow. South Plant expansion and upgrade is required to provide treatment capacity for current North Plant wastewater, future growth, and changing environmental regulations. The CITY is funding the approximately $46 million project from a variety of sources including I-Jobs, CDBG, Local Option Sales Tax, and EDA. In addition, a sewer system master plan is required to determine future flows and major sewer sizes and locations as the City continues to expand and grow. 2.0 BASIC SERVICES: Basic services are the professional services being provided for this project. The services are organized as follows: Task 10 Service Area Plan Update Task 20 South Plant Assessment Task 25 Floodplain Analysis Task 30 South Plant Alternatives Development Task 40 Facility Plan Update Task 50 Sewer System Master Plan Task 60 Regulatory and Funding Agency Coordination Task 100 Project Management Task 110 Quality Assurance/Quality Control Task 200 Preliminary Design Task 300 Final Design and Construction Documents Task 400 Bidding Phase Services Task 500 Construction Phase Services Task 600 Commissioning Assistance 2.1 Task 10 -Service Area Plan Update Objective: Develop 30-year future flows and load projections based upon updated service area boundaries and related demographic information. 2.1.1 Meet with CITY staff and establish study area boundaries; verify CITY's corporate limit boundary expansion plans; obtain CITY's perspective on development patterns, future growth, and population growth projections; identify known collection system problem areas; confirm North Annexation Area study items; and establish service area planning schedule. Iowa City Wastewater Treatment Migration to South Plant 2.1.2 North Annexation Area Sewer Service Study (Rapid Creek Watershed): 2.1.2.1 Determine sewer service area boundaries, zoning, population and household equivalent information, flows (including peak wet weather flows), and loads for the potential North annexation area; and develop a sewer service system plan. 2.1.2.2 Develop up to three (3) alternatives for extending the CITY's sewer service. Alternatives will consider gravity sewer collection system with pumping to the CITY's existing sewer system versus treatment at a local satellite treatment system. 2.1.2.3 Prepare an estimate of the probable construction and life cycle costs for each alternative. 2.1.2.4 Evaluate alternatives based on cost and performance criteria. 2.1.2.5 Prepare a summary of the alternate analyses and facilitate selection of the preferred alternative. 2.1.2.6 Prepare Draft and Final North Annexation Area Sewer Service Study Report. 2.1.3 Establish sewer service area boundaries based on terrain, and existing and projected land use. The sewer service area will be divided into major sub basins (sewersheds) for planning purposes. 2.1.4 Estimate flows, including peak wet weather flows, and wastewater pollutant loadings based on population and projected land use (residential, commerciaUinstitutional, and industrial). 2.1.5 Assist CITY with implementation of a four (4) month trunk sewer flow metering program. The flow metering program will include: 2.1.5.1 Procurement of up to seven (7) flow meters to supplement CITY-furnished flow meters. CITY will retain possession of the meters upon project completion, 2.1.5.2 Select with CITY the eleven (11) flow meter locations where CITY will install the meters. 2.1.5.3 Document flow meter installation with CITY. 2.1.5.4 Review and analyze electronic flow meter data collected by the CITY, 2.1.5.5 Prepare Draft and Final Flow Metering Program Summary Report of flow metering results. Note: Flow metering data will provide insights into existing system performance, capacity utilization, and provide updated wet and dry weather flow factors for consideration in the service area analysis. 2.1.6 Develop a computer model of mainline trunk sewer system to evaluate the impact of development and potential North Annexation Area sewage on trunk sewer performance, and to dynamically route wet weather flows to the South Plant. Model will include the major trunk sewer system as shown in attached Figure 1. Model will be limited to the major trunk sewer network; major branches will not be included in the model. 2.1.6.1 Obtain CITY and county geographic information system (GIS) and CAD data for model development. Necessary trunk sewer network physical data will be entered into the model from CAD files and paper maps if GIS pipe network is not available or information is not obtainable from survey. 2.1.6.2 Survey up to58 critical manhole rim and invert elevations associated with trunk sewers. Survey up to an additiona1370 manhole rim and invert elevations 2 Iowa City Wastewater Treatment Migration to South Plant UJ A Z ~ C O ~~ any Ike}: a t' ~ ~ ~ n `m S ~.~1 u '! ' ~f , .- alga 44 yi 2. o~y tist ~..-•~. pn~g }}o~S s ~ 1 rf e .i f f ii Q' ~~P any A~'. S ~'~ , L~ an P~E~ ~ i%r, ¢ a 4}Y t'; ~. ~ anV 411.S --. - _' _. ~_ ~. ~' /~ jI a]owe~~S N 4 ~ ;d ti r ~, ~ o ~ c •'• J tLL ~n ii to ~, fI ~l1% > ~ ~ ~: ~ ~,~ ~ ~~ l Z i 4 m N 01 ~ r o i ~ o U' ~ r, ;fir ~, r'. - ~~' ++ ~ `1 ~ ~` ~* ^~ } ' 9 F ~~ y J Qr N o u c. f~ ~ m: t t ~ and; ~s4 '~~ , ~ - r, f, {.;~ ;r ,. ~ony 419 ,, ,.f w ~ - any y}o}' ,r.' AYe ~" any ~ri ~i`~ - any y~ i o c+ ~I, a ~ PLr2 ;~,. ~ any 4r~; r ',' any J:iMOylO is i i~ - 1, ~` i~ 3 ~ N )jrr) l ~~' ~ F 3 C ~ ~ ' m rn • J 'F+ ~ ~-' Q C ,. G) E ~' L i. ~_ _~ 0 L Y C L a U 0 Y ~~ T N associated with the trunk sewers. Perform initial computer model calibration using North Plant, Napoleon Park, South Plant, and CITY-furnished Southeast Trunk Sewer flow data. 2.1.6.3 Assess development impacts on the trunk sewer system in up to four (4) time steps and dynamically route flows to the South Plant. 2.1.7 Prepare Draft and Final Flow and Load Report summarizing South Plant design flows and loads based on the current and future service area. The final Flow and Load Report will be submitted to the Iowa Department of Natural Resources (IDNR). 2.1.8 Prepare Draft and Final Service Area Plan Update presenting current and future service area development, population, flows, loads, trunk sewer locations and computer modeling results summary, summary of North Annexation Study results, and impact on existing collection system. 2.1.9 Deliverables: 2.1.9.1 Draft and Final North Annexation Area Sewer Service Study Report 2.1.9.2 Draft and Final Flow Metering Program Summary Report 2.1.9.3 Draft and Final Flow and Load Report 2.1.9.4 Draft and Final Service Area Plan Update Study 2.1.9.5 Flow metering data in electronic form 2.1.9.6 Trunk Sewer Computer Model electronic files 2.2 Task 20 -South Plant Assessment Objectives: Identify the hydraulic, organic, and other contaminant (e.g., trace organics and metals) loading capacities and constraints on the plant; evaluate plant operation during average and wet-weather conditions as related to determining necessary improvements for existing, baseline and future flow conditions; evaluate current O&M problem areas to determine cost- effective operational alternatives; evaluate current key plant equipment to determine structural condition; and evaluate current processes to determine the feasibility of improving current technology versus implementing alternative technology. 2.2.1 Conduct one-day workshop with CITY staff to:: • Transfer information and data, • Identify known problem areas • Identify operation and maintenance issues • Obtain CITY perspectives on process selection and equipment preferences • Finalize the proposed field testing and modeling efforts 2.2.1.1 Review existing South Plant operations and maintenance activities by process unit. 2.2.1.2 Develop meeting handouts of the proposed modeling strategy for the CITY's review prior to the workshop including wastewater characterization, secondary clarifier modeling, and chemically enhanced primary treatment. 2.2.1.3 Review existing plant data and confirm data collection techniques and time frames, location of samplers, and sample type. 2.2.1.4 Discuss recent operating strategies flow splitting schemes used and other operational issues not inherent to the database. Iowa City Wastewater Treatment Migration to South Plant 2.2.1.5 Develop follow-up handouts listing the additional information required to finalize the configuration and calibration of the BioWin model (other than additional sampling and analysis discussed below). 2.2.1.6 Conduct afollow-up resolution meeting/conference call to discuss the final field testing handouts. 2.2.2 Prepare Process Model. Develop process model for the South Plant using the EnviroSim Associates BioWin3.1 Simulator. This model will be used to account for variable influent conditions and dynamic plant behavior so that process performance, aeration air requirements, and solids production can be simulated. The process model will also enable performance evaluation of process alternatives. 2.2.3 Wastewater Characterization and BioWin Calibration. Characterize wastewater for use in BioWin model calibration, gain insights into industrial component impacts, and for clarifier hydrodynamic modeling. 2.2.3.1 Develop sampling plan including recommended sampling locations, procedures, and test parameters to characterize wastewater over a 14-day period and typical diurnal variation. 2.2.3.2 Recommend additional routine sampling and testing by the CITY for the duration of the planning phase. 2.2.3.3 Review sampling effort with CITY staff. 2.2.3.4 Develop analytical laboratory scope of work and contract for CITY to contract with qualified commercial laboratory. CITY to collect all sampling. 2.2.3.5 Review and analyze sample results. 2.2.3.6 Calibrate BioWin model based upon six months of plant operating data and sampling data (four months prior to special sampling and six weeks after special sampling). 2.2.3.7 Prepare Wastewater Characteristics and BioWin Calibration technical memorandum. 2.2.4 South Plant Hydraulic Assessment. Existing hydraulic profile model will be updated, field verified, and utilized to identify hydraulic bottlenecks and evaluate alternatives for increasing plant hydraulic capacity. 2.2.4.1 Review record drawings of the existing treatment facilities to verify pipe and channel dimensions and critical elevations. 2.2.4.2 Survey critical elevations and temporary benchmark elevations to be used for field water surface elevation (WSEL) measurements. 2.2.4.3 Meet with CITY staff to verify plant flow paths that are commonly used and that will be used in the hydraulic profile. 2.2.4.4 Measure WSELs at locations across the treatment plant on four separate occasions to span a range of plant influent flows. Corresponding plant influent, plant effluent, and RAS flow rates will be collected. These data will be used to verify the hydraulic model. 2.2.4.5 Identify hydraulic bottlenecks within the existing treatment facilities using the hydraulic model. 2.2.4.6 Identify and evaluate potential modifications to mitigate hydraulic bottlenecks. 2.2.4.7 Assess flow equalization capacity and needs based on dynamic routing of collection system model into the plant through the influent pump station and equalization basins. Coordinate routing into the plant with the plant hydraulic profile. 2.2.4.8 Prepare Plant Hydraulic Assessment technical memorandum. Iowa City Wastewater Treatment Migration to South Plant 2.2.5 Clarifier Modeling and Testing. Develop clarifier hydrodynamic models for the two types of secondary clarifiers to evaluate clarifier performance over a range of solids loading rates and hydraulic loading rates. 2.2.5.1 Review 3 years of historical data to evaluate sludge volume index (SVI) and plant effluent suspended solids. 2.2.5.2 Perform a state point analysis on the secondary clarifiers to determine the theoretical capacity of the clarifiers. 2.2.5.3 .Conduct on-site field investigations to calibrate the models. 2.2.5.3.1. Complete mixed liquor flocculation testing on six (6) different mixed liquor suspended solids samples. 2.2.5.3.2. Complete sludge settling testing to verify free column and compaction settling rates. 2.2.5.3.3. Field data to be collected include effluent suspended solids, sludge blanket, recycle activated sludge, total suspended solids (TSS) and flow, waste activated sludge flow, influent flow, temperature, and plant SVI. 2.2.5.4 Calibrate computational fluid dynamic model for each secondary clarifier type using field and historical data. 2.2.5.5 Supervise clarifier stress testing for each secondary clarifier type by removing clarifiers from service until sludge blanket level response is observed. 2.2.5.6 Re-calibrate models using stress testing results. 2.2.5.7 Evaluate secondary clarifier capacity and identify clarifier improvements based upon calibrated model. 2.2.5.8 Prepare Secondary Clarifier Modeling and Testing technical memorandum summarizing existing clarifier capacity and improvements to further increase capacity. 2.2.6 Chemical Enhanced Primary Treatment (CEPT) Process Proving. Evaluate performance of existing primary clarifier TSS, five-day carbonaceous biochemical oxygen demand (CBODS), chemical oxygen demand (COD), and total kjehldahl nitrogen (TKN) removal with and without chemically enhanced treatment. 2.2.6.1 Develop sampling plan for CEPT testing. 2.2.6.2 Review sampling plan and effort with CITY. 2.2.6.3 Conduct bench scale jar testing to define preliminary chemical dosages for full scale demonstration testing. 2.2.6.4 Supervise up to nine full scale CEPT demonstration test events with varying overflow rates, chemical dosages, and chemical dosing locations. 2.2.6.5 Determine primary clarifier capacity with and without CEPT treatment. 2.2.6.6 Prepare Primary Clarifier Capacity technical memorandum. 2.2.7 Plant Assessment. Perform a plant assessment including rating of existing plant capacity to assist with the identification of improvements needed to meet near-term and long-term requirements. 2:2.7.1 Conduct a visual physical inspection of the existing facilities and major equipment to determine age, condition, and remaining useful life. 2.2.7.2 Verify the capacity of each unit process. 2.2.7.3 For the secondary treatment system complete the following: 2.1.1.1.1 Analyze historical plant influent loadings for COD, BOD, TSS, volatile suspended solids (VSS), total phosphorus (TP), TKN, and ammonia (NH3). Analyze historical flow data for peak instantaneous and peak hour, maximum month and annual average values. 5 Iowa City Wastewater Treatment Migration to South Plant 2.1.1.1.2 Develop a three month dynamic flow and loading itinerary based on historic data that addresses maximum month, peak week, peak wet weather flow and annual average flow and loading conditions. 2.1.1.1.3 Review flows and loadings with CITY. 2.1.1.1.4 Apply calibrated BioWin model to rate the capacities of the existing liquid treatment processes. 2.1.1.1.5 Utilize the secondary clarifier models to define secondary clarifier solids loading limitations on peak process capacity. 2.1.1.2 Evaluate existing wet weather flow control strategy and potential alternative strategies. 2.1.1.3 Provide operational recommendations to improve system operations and capacity. 2.1.1.4 Prepare a Plant Assessment technical memorandum. 2.1.2 Plant Energy Assessment. Perform a plant energy assessment to evaluate existing energy usage and obtain data necessary for development of sustainable energy management solutions. 2.1.2.1 As part of a one-day workshop, address the goals and other details of the data collection process for data collection by CITY. 2.1.2.2 Review CITY's Plant Energy Audit. 2.1.2.3 Obtain and review electric bills and usage data for the most recent 24 months. Determine the quantity of electricity consumed, and electricity consumption patterns, including diurnal and seasonal variations. Summarize present electrical demand and electrical consumption rate structures 2.1.2.4 Obtain and review natural gas bills and usage data for the most recent 24 months. Summarize current gas demand and the gas consumption rate structures 2.1.2.5 Digester Gas Data Collection. Obtain and review digester gas production and usage rates. 2.1.2.5.1 Prepare digester gas sampling and testing plan to characterize digester gas and its siloxane content. 2.1.2.5.2 Arrange for commercial laboratory testing. 2.1.2.5.3 Review analytical results. 2.1.2.6 Obtain and review operational information including the current normal or typical hours of operation and the duty cycles of major equipment. 2.1.2.7 Prepare a Plant Energy Assessment technical memorandum. 2.1.3 Deliverables. Deliverables will be in the form of technical memoranda associated with each of the major task activities, including: • Wastewater Characterization and BioWin Calibration • Plant Hydraulic Assessment • Secondary Clarifier Modeling and Testing • Primary Clarifier Capacity • Existing Plant Capacity Rating • Plant Energy Assessment Iowa City Wastewater Treatment Migration to South Plant 2.2 Task 25 - Floodplain Analysis Objective: Determine the vulnerability of the South Plant site to flooding from Snyder Creek and mitigation alternatives. 2.2.1 Perform floodplain analysis for the South Plant site 2.2.1.1 GIS data collection. 2.2.1.2 Field investigate and survey critical elevations and vulnerable plant components such as power systems, intakes, conduits, door elevations, and tank wall elevations. 2.2.1.3 Obtain design and physical information for the CITY's storm water detention/retention and treatment systems upstream of the plant site. 2.2.1.4 Review and verify existing Flood Insurance Study (FIS) model and 2008 hydraulic model. 2.2.1.5 Develop a hydrologic and hydraulic model for the three hydraulically related branches that appear to be interconnected during flood conditions. 2.2.1.6 Review City Stormwater Management program. 2.2.2 Develop and evaluate mitigation alternatives 2.2.2.1 Indentify risk-based target protection elevations for critical components to keep treatment facilities in operation. 2.2.2.2 Identify vulnerabilities below target elevations 2.2.2.3 Develop and evaluate: 2.2.2.3.1 Facilities flood proofing 2.2.2.3.2 Site berm 2.2.2.3.3 Stream channeUtile improvements. 2.2.3 Prepare Draft and Final South Plant Flood Vulnerability and Mitigation Report. 2.2.4 Provide Letter of Map Revision to FEMA Flood Insurance Rate Map # 19103C0310E with base flood elevations beyond the current limits of study to include the South Plant site. 2.2.5 Deliverables: Draft and Final South Plant Flood Vulnerability and Mitigation Report Letter of Map Revision 2.3 Task 30 -South Plant Alternatives Development Objective: Develop alternatives and assist the CITY with the selection of a preferred alternative for meeting projected wastewater treatment requirements through the Year 2040. 2.3.1 Regulatory Framework. Define the applicable regulatory, environmental, and water quality criteria that will be used for alternatives development and selection. 2.3.1.1 Summarize the existing regulatory requirements for the existing collection and treatment facilities. Provide an analysis of the existing regulatory climate based upon the receiving water and anticipated future wastewater regulations. 2.3.1.2 In conjunction with CITY and IDNR, establish likely near-term and long-term effluent requirements to be used for planning and design. 2.3.1.3 Develop three (3) to four (4) potential "what if' regulatory scenarios that may need to be accommodated at the South Plant in the near- and long-terms. 2.3.1.4 Prepare a Regulatory Framework technical memorandum. 7 Iowa City Wastewater Treatment Migration to South Plant 2.3.2 Treatment Plant Needs Identification. Formulate the list of treatment plant needs for the planning horizon based on the findings of Task 20. Organize plant assets into five areas subject to possible needs: (1) headworks, (2) primary and secondary treatment processes, (3) solids processing, (4) disinfection/reuse, and (5) miscellaneous. Characterize the needs of the five areas in terms of the following drivers: (a) maintaining existing facilities for the planning period, (b) expanding facilities to handle flow from North Plant plus anticipated growth, (c) upgrading facilities to meet future regulatory conditions, and (d) modifying facilities to improve efficiency and optimize energy use. 2.3.2.1 Compare projected flows and loads to applicable capacity ratings to determine expansion needs required for the planning horizon. Address liquids and solids treatment facilities. 2.3.2.2 Identify major equipment and structures that require replacement within the planning period. 2.3.2.3 Identify process improvements needed to meet anticipated future regulatory scenarios. 2.3.2.4 Identify capital improvements that are needed to improve operating cost efficiency. 2.3.2.5 Identify special requirements, infrastructure, and other associated plant features needed to meet future needs. 2.3.2.6 Prepare Treatment Plant Needs Assessment technical memorandum. 2.3.3 Evaluation Criteria Development. Develop and document the criteria by which alternati ves will be evaluated and selected. 2.3.3.1 Evaluation Criteria Workshop: Evaluation criteria will be collaboratively developed in a meeting/workshop with CITY, and will include the'associated weighting factors for each key criterion. Examples of the specific evaluation criteria that will be applied in the evaluation of each alternative include the following: 2.3.3.2 Technical Criteria: The technical criteria will recognize the' condition assessment and capacity assessment of the existing facilities. 2.3.3.3 Regulatory Criteria: The regulatory criteria include the regulatory drivers and constraints that need to be recognized and assessed for each alternative. 2.3.3.4 Sustainability Criteria: The sustainability criteria will address general considerations associated with policy objectives, and also address issues such as the energy consumption, chemical usage, consumption of fossil fuels, and beneficial reuse opportunities of each alternative. 2.3.3.5 Cost Criteria: Life cycle costs will be developed using capital and operational costs associated with each alternative. 2.3.3.6 Operations Criteria: These criteria will recognize the needs/impacts on the CITY Operations & Maintenance staffs. This would include considerations such as operability, maintainability, safety, access and egress, odor control, and impacts on existing/related processes. 2.3.3.7 Prepare an Evaluation Criteria technical memorandum. 2.3.4 Energy Optimization. Develop and analyze potential energy optimization improvements (EOI) including energy conservation measures (ECM), digester gas utilization alternatives, and on-site renewable power generation. 2.3.4.1 Conduct workshop with CITY to develop list of possible EOIs for consideration and analysis such as: • Process enhancements and controls 8 Iowa City Wastewater Treatment Migration to South Plant • Blower re-configuration • HVAC improvements including solar heating technologies • Building envelopes including incorporation of passive solar • Lighting • Digester Gas Utilization - Siloxane treatment with gas use, solids drying, organic Rankine cycle power generation • On-site wind power generation using CITY-furnished wind data. • On-site solar photovoltaic power generation. • Geothermal systems. 2.3.4.2 Define the sizing parameters, capacities and annual operating parameters for each of the improvements being evaluated. 2.3.4.3 Develop preliminary estimates of the present energy usage for each current equipment item or process in each EOI. 2.3.4.4 Develop preliminary estimates of the implementation cost for each EOI. Costs estimates will be planning level cost estimates, and will include known energy grants or rebates available and applicable. 2.3:4.5 Compute the expected annual energy cost savings for each EOI based on current energy prices and current range of operating conditions. 2.3.4.6 Estimate greenhouse gas impacts associated with each EOI and associated value based on current carbon credit market. 2.3.4.7 Calculate the simple economic payback, in years, for the EOIs. 2.3.4.8 For the EOIs with the most favorable economic payback, provide a summary of interaction to avoid double count of savings. 2.3.4.9 Review potentially feasible alternatives with CITY. 2.3.4.10 Provide a recommendation and listing of the most economically promising or "apparent best" EOIs. 2.3.4.11 Provide a review and summary of known available energy project funding, grants, and rebate opportunities for potential application to the EOIs. 2.3.4.12 Prepare an Energy Optimization technical memorandum. 2.3.5 Alternatives Development. In collaboration with CITY, develop, describe, and document up to three (3) viable alternatives for each of the five (5) plant areas identified above with consideration of the drivers and the following: • Capacity • Future regulatory nutrient removal • Filamentous/foam control • Elimination of gas chlorination • Wetland polishing or habitat enhancement • Effluent water system capacity and reuse (soccer field irrigation) treatment. 2.3.6 Alternatives Evaluation and Selection. In collaboration with CITY, compare and rank the altematives identified above. Task results will be included in the recommended plan. 2.3.6.1 Review of alternatives: In a workshop setting with CITY, review the alternatives and the evaluation criteria that were developed. 2.3.6.2 Assess and evaluate the alternatives for their consistency and compatibility with the CITY's wastewater treatment responsibilities. 2.3.6.3 Compare and rank the alternatives. Assume three (3) separate four (4) hour workshops with CITY. Summarize this information and solicit consensus amongst the team members relative to the ranking of alternatives. 9 Iowa City Wastewater Treatment Migration to South Plant 2.3.6.4 Prepare an Alternatives Evaluation technical memorandum that documents the findings and the recommended plan. 2.3.7 Deliverables: Deliverables shall be in the form of technical memoranda associated with each of the major task activities: • Regulatory Framework • Treatment Plant Needs Assessment • Evaluation Criteria • Energy Optimization • Alternatives Evaluation 2.4 Task 40 -Facility Plan Update Objective: Prepare Facility Plan Update summarizing results of Tasks 10 through 30, and submit this information in a format that is consistent with the requirements of the Iowa Department of Natural Resources (IDNR). The Facility Plan Update will be used as the basis for the Preliminary Engineering Report. 2.4.1 Prepare Draft and Final Facility Plan Update to include the following: • Current and projected service area • Current and projected flows and loads for conveyance and treatment at the South Plant • Treatment capacity analysis • Alternatives development • Alternatives evaluation • Summary and conclusions • Preliminary layouts of selected alternative • Estimate of probable costs • Project implementation schedule • IDNR permit schedules, and other permit requirements and approvals 2.4.2 Deliverables: Draft and Final Facility Plan Update 2.5 Task 50 -Sewer System Master Plan Objective: Prepare a Sewer System Master Plan, to include the planning and design outline for future conveyance including ultimate sewer capacities and expansion needs at the South Plant. This information will be used for long-term Capital Improvement Planning purposes. 2.5.1 Existing sanitary sewer collection system areas included in this planning effort include: 2.5.1. l Incorporated and unincorporated areas in the southwest quadrant of Iowa City, south of the airport, east of Highway 218, and west of the Iowa River. 2.5.1.2 North River Corridor Sewer (maybe impacted by outcome of the Rapid Creek Watershed study). 2.5.1.3 Northeast Trunk Sewer System: • Ralston Creek Trunk Main Sewer • Jefferson/Jefferson Relief Sewer • Northeast Trunk Sewer • North Branch Dam Sewer 2.5.1.4 Napoleon Park and South River Corridor Trunk 10 Iowa City Wastewater Treatment Migration to South Plant 2.5.2 Future sanitary sewer collection system planning areas to be incorporated into the Master Plan: 2.5.2.1 Old Man Creek Basin 2.5.2.2 East Snyder Creek Basin 2.5.3 Consideration for long range planning shall include timing for the addition of the second river outfall, how-and-where the next future plant expansions could occur and the general adequacy of the current site. 2.5.4 Develop order of magnitude planning-level cost estimates for the various components of the Master Plan anticipated to be implemented within 15 years. 2.5.5 Projected schedule for improvements and triggering conditions. 2.5.6 Deliverables: Draft and Final Sewer System Master Plan 2.6 Task 60 - Re~ulatory and Fundins Agencies Coordination Objective: Perform activities to coordinate regulatory and funding agency interaction, permitting, and public involvement required for execution of the work. 2.6.1 Coordinate project and agency activities with project requirements. 2.6.2 Arrange and conduct up to six (6) meetings in Iowa City or Des Moines including a project initiation conference with the CITY, Iowa Department of Natural Resources (IDNR), and other agencies regarding the requisite permitting issues associated with this project. 2.6.3 Assist CITY in obtaining required permits. 2.6.4 Assist CITY with water quality considerations and projections. 2.6.5 Perform Draft and Final anti-degradation assessment. 2.6.6 Assist CITY with waste load allocation request and National Pollutant Discharge Elimination System (NPDES) permitting. 2.6.7 Attend two (2) public hearings in Iowa City conducted by CITY as part of regulatory permitting. 2.6.8 Prepare project documentation meeting funding agencies' requirements. 2.6.9 Deliverables: • Supporting documentation associated with IDNR and other project permit and agency requirements • Draft and Final Anti-Degradation Assessment • Preliminary and Final Construction Pernlit Application with supporting schedules. 11 Iowa City Wastewater Treatment Migration to South Plant 2.7 Task 100 - Proiect Management Objective: To manage, coordinate, monitor, and control the project to meet the technical, communication, schedule, and budgetary requirements of this agreement. 2.7.1 Schedule and coordinate up to 12 progress meetings with CITY throughout the planning phase. 2.7.2 Coordinate site visits to gather information and data, and meet and collaborate with CITY to obtain their input and perspective on key project issues. 2.7.3 Establish and maintain a project website portal for document sharing and general informational exchanges. 2.7.4 Conduct up to three (3) presentations to City Council and/or the public. 2.7.5 Attend-one meeting each with the University of Iowa and Proctor and Gamble to discuss their growth projections. 2.7.6 Review progress, budget, and staff assignments to address and meet the contractual requirements of this project. 2.7.7 Maintain ongoing record of engineering project costs. Provide a monthly Project Status Report, coincident with the requests for payment. 2.7.8 Submit invoices commensurate with the monthly expenditures and degree of project completion. 2.7.9 Follow funding agency requirements. 2.7.10 Deliverables: • Meeting minutes and summary action items from each project meeting. • Progress status reports, meeting schedule planner, cost control and budgetary reports, payment requests, and project documentation. 2.8 Task 110 -Quality Assurance/Quality Control Objective: Implement control procedures and review technical concepts, the quality of the planning documents, and the overall cost effectiveness of the project. 2.8.1 Identify and document responsibility for quality control events. 2.8.2 Review engineering deliverables so they meet the requisite quality standards. 2.8.3 Conduct reviews of the key alternatives and findings - with a key focus on the process performance, operability, O&M preferences, safety, access, control requirements, and project costs. 2.8.4 Review proposed near-term improvements for compatibility with the CITY's long-term needs or requirements. 2.8.5 Incorporate agreed-upon review comments at the appropriate review stages of the project. 12 Iowa City Wastewater Treatment Migration to South Plant 2.9 Task 200 -Preliminary Design: Scope of Services is based on proposed facilities in the South Wastewater Treatment Plant Expansion Funding Engineering Report prepared by Stanley Consultants, Inc for the City of Iowa City, dated August 26, 2009. Proposed facilities generally consist of: • Influent Pump Station with Screening. • Grit Removal System and Building. • Primary Clarifiers. • Aeration Tanks. • Blower Building. • Final Clarifiers. • RAS/WAS/ML Pumping. • Disinfection Facilities. • Solids Cake Storage Facility • Effluent System Improvements • Site work (grading, fencing, roads, utilities, site piping). • New outfall. • Universal controls system for existing and remote facilities. An allowance of 360 drawings has been included for the design work. 2.9.1 After CITY issues Notice to Proceed (NTP), Conduct Preliminary Design Kick-off Meeting with CITY to solicit input, gather available information and data, and perform field reconnaissance. 2.9.2 Prepare draft and fmal Preliminary Engineering Report summarizing facility plan update results, final design criteria; design concepts including major equipment, sizing, and capacities; control strategies and process and instrumentation diagrams (P&IDs); updated estimate of probable cost and updated construction schedule. 2.9.3 Provide six (6) copies of draft Preliminary Engineering Report to CITY for review. 2.9.4 Meet with CITY to discuss Preliminary Engineering Report. 2.9.5 Finalize Preliminary Engineering Report for IDNR submittal. Provide six (6) copies to CITY. 2.9.6 After CITY approval, submit three (3) copies of Preliminary Engineering Report to IDNR. 2.9.7 Meet with IDNR in Des Moines and present Preliminary Engineering Report. 2.9.8 Perform supplemental survey of the WWTP site. 2.9.9 Obtain and review existing WWTP subsurface soil information and groundwater levels. 2.9.10 Perform supplemental geotechnical investigation consisting of 18 soil borings with depths ranging from 40-ft to 90-ft with a total aggregate depth of 890-ft. 13 Iowa City Wastewater Treatment Migration to South Plant 2.9.11 Conduct slug or pump tests on two existing plant wells to characterize subsurface groundwater flow characteristics. 2.9.12 After approval of Preliminary Engineering Report, Prepare Preliminary Design computations. 2.9.13 Prepare Preliminary Design consisting of 60 percent complete drawings and draft specifications of major process equipment outlined in the Preliminary Engineering Report for submission to CITY and IDNR. 2.9.14 Prepare updated estimate of probable construction cost. 2.9.15 Submit six (6) copies of draft Preliminary Design drawings and specifications to CITY for review. 2.9.16 Meet with CITY to discuss Preliminary Design drawings and specifications. 2.9.17 Finalize Preliminary Design drawings and specifications for submittal to IDNR. Provide six (6) copies to CITY. 2.9.18 Prepare applicable preliminary IDNR construction permit application forms. 2.9.19 Submit three (3) copies of the Preliminary Design documents and preliminary construction permit application forms to IDNR. 2.9.20 Attend IDNR review meeting in Des Moines to discuss Preliminary Design documents. 2.9.21 Prepare Overall Project Schedule. 2.9.22 Attend six (6) periodic progress meetings. 2.9.23 Perform project management tasks including funding agency documentation and requirements. 2.9.24 Perform quality control tasks. 2.9.25 Coordinate permitting. 2.9.26 Conduct a Value Engineering (VE) study following the Job Plan as recognized by SAVE International s step process (Information, Speculation, Analysis, Development, and Presentation Phases). 2.9.26.1 Provide a multidisciplinary VE team to include a Certified Value Specialist (CVS) Team Leader, an Architect, Civil Water/Wastewater, Civil Site, Structural Engineer, Electrical Engineer, Mechanical Engineer and Cost Estimator. The VE study team members shall be independent of the project design team so as to encourage innovation design. 2.9.26.2 The study will be a formal VE study of 40 hours duration. 2.9.26.3 Present findings at an oral presentation to the CITY. 14 Iowa City Wastewater Treatment Migration to South Plant 2.9.26.4 Prepare a written VE study report. The study will include a functional analysis methodology (FAST diagrams) and generation of alternatives 2.9.26.5 Appendix to the report will include decision process regarding implementation of VE proposals. 2.9.27 Major Deliverables Summary: • Draft and final Preliminary Engineering Report (6 copies each for CLIENT and 3 copies for IDNR) • Draft and final Preliminary Design documents (6 copies each for CLIENT and 3 copies for IDNR) • Updated estimate of probable construction cost. • IDNR preliminary construction permit application schedules. • Project schedule 2.9.28 Meeting/Trip Summary (All meetings in Iowa City, Iowa unless otherwise noted): • Initial Kick-off Meeting with CITY • Six (6) periodic progress meetings • Preliminary Engineering Report review meeting with CITY. • Preliminary Engineering Report Review meeting in Des Moines with IDNR. • Preliminary Design review meeting with CITY. • Preliminary Design Review meeting in Des Moines with IDNR. • Site Visits 2.10 Task 300 Final Design and Construction Documents 2.10.1 The final design will prepare contract plans and specifications for permitting and bidding. 2.10.1.1 Prepare fmal design computations. 2.10.1.2 Prepare final design contract plans. 2.10.1.3 Prepare final design Project Manual using CITY contract and front end documents, and CONSULTANT's specifications. 2.10.1.4 Prepare updated estimate of probable construction cost based on final plans and specifications. 2.10.1.5 Attend four (4) progress meetings in Iowa City, Iowa. 2.10.1.6 Submit six (6) copies of the draft final contract documents to CITY. 2.10.1.7 Meet with CITY to review draft final contract documents. 2.10.1.8 Finalize final contract documents for submittal to IDNR. 2.10.1.9 Prepare IDNR construction permit application. 2.10.1.10 Submit three (3) copies of the final contract documents and permit application to IDNR. 2.10.1.11 Attend IDNR review meeting in Des Moines to discuss final contract documents. 2.10.1.12 Perform project management tasks including funding agency documentation and requirements. Provide backup data to CITY required for CITY quarterly reports to Economic Development Agency. 2.10.1.13 Perform quality control tasks. 2.10.1.14 Coordinate permitting. 2.10.1.15 Deliverable Summary: • Draft and final contract documents (six (6) copies each for CITY and three (3) copies for IDNR) • Updated estimate of probable construction cost • IDNR Construction permit application 15 Iowa City Wastewater Treatment Migration to South Plant 2.10.1.16 Meeting/Trip Summary (All meetings in Iowa City, Iowa unless otherwise indicated): Four (4) progress meetings CITY review meeting • IDNR Review meeting in Des Moines 2.10.1.17 CONSULTANT shall prepare contract documents in accordance with the CITY's Grant Agreements with EDA, CDBG and I-JOBS. Contract documents shall include "EDA Contracting Provisions for Construction projects". 2.10.1.18 Final Plans must be approved by the State Building Code Bureau of the Iowa Department of Public Safety. 2.11 Task 400 Bidding Phase Services 2.11.1 The bidding phase will obtain and evaluate bids, and process documents for contract award. 2.11.1.1 Reproduce six (6) sets of bidding documents for CITY. Replicate fifty (50) electronic bid documents on CD for distribution to prospective bidders. Additional sets will be reproduced as necessary and charged to CITY at the reproduction cost. 2.11.1.2 Provide electronic bid documents on CD to prospective bidders. Hardcopy bid documents will be provided to prospective bidders at reproduction cost upon bidder request. 2.11.1.3 Answer bidder questions during bid phase. 2.11.1.4 Issue addenda. 2.11.1.5 Attend pre-bid meeting and bid opening. 2.11.1.6 Assist in bid evaluation and make recommendation for award. 2.11.1.7 Assemble and process documents for contract award. Revise design drawings used for Bidding Phase to incorporate drawing changes issued by Addenda during Bidding Phase. Provide up to 15 sets of complete updated drawing sets for use by CITY and CONTRACTOR. Specifications will not be revised. 2.11.1.8 Attend Pre-Bid meeting and Bid Opening, prepare and submit tabulation of Bids, and make a recommendation as to Contract award. 2.11.1.9 Assist in Bid evaluation, review proof of Bidder's qualifications and recommend approval or disapproval. 2.12 Task 500 Construction Phase Services 2.12.1 Construction Phase will consist of office and field based consultant services to assist CITY in implementing construction contract. CITY will provide required field staff and administer construction contracts. All CONTRACTOR'S communications and submittals shall be to CITY with exception of shop drawings which shall be simultaneously submitted to CITY and CONSULTANT. Specific CONSULTANT services are as follows: 2.12.1.1 Attend Preconstruction Conference and up to twenty-two (22) Progress Meetings. 2.12.1.2 Review CONTRACTOR'S electronic shop drawing submittals for conformance with the design concept of the project and compliance with the information given in the Contract Documents. Incorporate CITY staff review comments. Reviewed shop drawings with comments, if any, shall be provided electronically to CITY and CONTRACTOR. Work includes review of 1500 shop drawings in approximately 750 submittals. CONSULTANT cost to review resubmitted shop drawings following the second resubmittal will be 16 Iowa City Wastewater Treatment Migration to South Plant backcharged to CONTRACTOR through CITY. No hard copy sets will be provided to CONTRACTOR or CITY. 2.12.1.3 Review up to twelve (12) equipment or material substitutions proposed by CONTRACTOR. 2.12.1.4 Interpret and make determinations with regard to requirements of Contract Documents. CONTRACTOR will be required to submit Requests for Information (RFIs), and CONSULTANT will respond in writing, to document interpretations and determinations. Work includes review of and response to up to 300 RFI's. RFIs will be initiated and responded to electronically with no hard copy. 2.12.1.5 CONSULTANT consultation with CITY to discuss day-to-day questions, situations, and conditions is limited to 700 hours. 2.12.1.6 Review and provide input to CITY on Change Authorization Requests (CARS) and CONTRACTOR price proposals in response to Instruction to Contractor) ITCs and Change Orders (COs). CARS resulting from CITY requests or CONTRACTOR requests for his convenience or reduced cost will be addressed as an additional service. CARS will be initiated and responded to electronically with no hard copy. 2.12.1.7 Issue up to 100 ITCs for clarification of design. ITCs and COs required to implement CITY-requested changes will be Additional Services. ITCs will be initiated and issued electronically with no hard copies. 2.12.1.8 Prepare and seal technical documentation for COs and ITCs for issuance by CITY. A hardcopy of sealed documents will be provided to CITY. 2.12.1.9 CITY will maintain RFI, ITC, and CO logs on SharePoint site. 2.12.1.10 Make site visits to observe work and report observations to CITY. Site visits will be once per month and usually in conjunction with progress meetings and not more than 24 one-day duration site visits. CITY is responsible for observation and inspection of the progress and quality of construction work. CITY shall provide certification to Iowa Department of Natural Resources that project was constructed in accordance with approved plans and specifications. 2.12.1.11 Witness performance testing of control equipment hardware and software at system integrator's facility for a period not-to-exceed five (5) days duration. 2.12.1.12 Provide up to fifteen (15) total working days of specialty disciplines (environmental, structural, electrical, controls, mechanical) to provide on-site assistance and troubleshooting. 2.12.1.13 Conduct preliminary inspection and prepare punch list with CITY. 2.12.1.14 Conduct final inspection with CITY to assist CITY in determining if the Project has been completed in substantial accordance with the Contract Documents. 2.12.1.15 Provide backup data to CITY required for CITY quarterly reports to Economic Development Agency. 2.12.1.16 CONSULTANT shall make sufficient visits to determine, in general, if the Work is proceeding in accordance with the construction contract. Upon Final Completion, CONSULTANT shall sign the EDA Final Acceptance Report. 2.12.1.17 CONSULTANT shall submit a report not less frequently than quarterly to the CITY covering the general progress of the job and describing any problems or factors contributing to delay. Note: One (1) working day is defined as a maximum of eight (8) consecutive hours. 17 Iowa City Wastewater Treatment Migration to South Plant 2.13 Task 600 Commissioning Assistance Commissioning assistance is to assist the CITY with verifying that the mechanical components meet their specified performance requirements, assist with initial operational settings, and provide operational training. Contractor is responsible for initial mechanical checkout, testing, and start-up 2.13.1 Produce Record Drawings based on markups of construction phase changes provided by the Contractor and the CITY. Furnish two (2) hard copies and one (1) electronic file in AutoCAD and PDF formats of Record Drawings. 2.13.2 Provide applicable discipline engineers including 40 hours of preparation time and up to a total of thirty (30) days on-site for start up and commissioning assistance including; 2.13.2.1.1 Prepare commissioning plan to include: process description, team member responsibilities, commissioning schedule, start-up plan, process control targets/goals, and commissioning issues list and status. 2.13.2.1.2 Attend meetings during start-up to coordinate activities, address commissioning issues, and resolve start-up problems. 2.13.3 Prepare Process Operation manual. 2.13.3.1 The following items will be included in the manual: • Plant overview • Regulatory requirements • Individual Process overviews • Summary process design data • Control functional,description • Standard operating strategies for up to four (4) conditions • Troubleshooting strategies 2.13.3.2 Submit four (4) preliminary draft copies of Process Operation manual three months prior to completion of construction. Review with CITY and submit one (1) electronic and four (4) updated copies of the draft manual. This manual will be used by CITY staff during training and startup of the project components. 2.13.3.3 Review manual with CITY approximately three (3) months following startup of major project components. 2.13.3.4 Revise manual based on CITY-input, and submit one (1) electronic file of all text and drawings contained in the fmal Process Operation manual and six (6) hard copies of the final Process Operation manual. 2.13.4 Coordinate and implement training of plant operations staff for new and modified facilities. The training program will be developed using the following work plan: • Prepare training outline, training objectives, needs assessments, training schedule, and training session agendas. • Prepare descriptive material for each training session. Training will be prepared and delivered on PowerPoint. • Conduct two classroom operator training sessions lasting 2.5 days each. The training sessions will use the electronic process operation manual for primary background information. 18 Iowa City Wastewater Treatment Migration to South Plant 2.13.5 Deliverable Summary • Record Drawings • Preliminary Draft Process Operation Manual • Draft Process Operation Manual • Final Process Operation Manual • Six (6) draft and six (6) final copies of deliverables will be provided unless otherwise indicated. 3.0 ADDITIONAL SERVICES Additional Services will include services requested by the CITY, and accepted by CONSULTANT that are not presented in BASIC SERVICES. They include items such as: 3.1.1 Real estate acquisition assistance. 3.1.2 Preliminary staffing plan for upgraded facility. 3.1.3 Environmental Assessment (EA). 3.1.4 Water quality related stream studies. 2.13.6 Odor control facilities. 2.13.7 Post-construction warranty management service 2.13.8 Trips accompanying CITY to visit other treatment facilities and equipment installation 4.0 CONDITIONS OF SERVICE 4.1.1 Project work will be for one (1) bid package. 4.1.2 Study/Planning duration will be completed in less than 10 months. 4.1.3 Preliminary and Final Design phases will be completed in 12 months from Notice-to- Proceed. 4.1.4 Construction Commissioning Phase Services duration will not exceed 24 consecutive months from the Award of Construction Contract. 5.0 CITY RESPONSIBILITIES 5.1.1 The CITY will make available appropriate City Staff to coordinate and collaborate with CONSULTANT throughout the development and execution of this project. This includes participation in coordination meetings, review of submittals, providing input; participation in development and review of alternatives and subsequent prioritization and screening of alternatives, and the selection of the preferred alternative; attending workshops for process/clarifier modeling, hydraulic modeling and other similar items. 5.1.2 The CITY will accompany CONSULTANT and/or provide plant access for requisite field verification; provide operations staff assistance to take units in and out of service; and provide monitoring equipment and assist with taking samples if automated samplers are not provided. 5.1.3 The CITY will furnish all previous and relevant planning documents, GIS records, flood insurance policy, available background geological and geotechnical information demographic information, relevant plant records, operating and maintenance data, record drawings, design data and copies of major equipment submittals for existing facilities 19 Iowa City Wastewater Treatment Migration to South Plant 5.1.4 The CITY will provide additional primary influent and primary effluent analytical testing such as TSS, CBODS, BODS, COD, P, TN, and TKN. 5.1.5 The CITY will: install flow meters for collection system flow metering program; maintain the meters; periodically retrieve data from the meters and provide to CONSULTANT; and remove the meters. 5.1.6 CITY will be responsible for their expenses associated with off-site trips for meetings and plant tours. 5.1.7 CITY will be responsible for all permit and regulatory fees and costs. 5.1.8 CITY will be responsible for the cost of analytical laboratory testing. 20 Iowa City Wastewater Treatment Migration to South Plant EXHIBIT 2 SCHEDULE Anticipated Schedule: Activity Planning Notice to Proceed (NTP): Facility Plan Update Submitted to IDNR Planning Phase Complete Preliminary Design NTP Preliminary Design Submittal to IDNR Final Design NTP Final Design Submittal to IDNR Bidding Phase Date May 11, 2010 December 31, 2010 January 31, 2011 January 2, 2011 July 10, 2011 July 11, 2011 December 30, 2011 February 5 - Apri12, 2012 Construction NTP Commissioning Apri19, 2012 October 1, 2013 - Apri19, 2014 Project Completion Apri19, 2014 Schedule objectives are contingent upon receiving timely CITY and regulatory agency reviews and Notice-to-Proceed. C EXHIBIT 3 Direct Labor Rates Fiscal Year 2010-2011 Classification Hourly Rates SC-1 ...............................................................................$11.30 SC-2 .................................................:...............................14.35 SC-3 .................................................................................17.20 SC-4 .................................................................................19.80 SC-5 .................................................................................22.35 SC-6 .................................................................................24.90 SC-7 .................................................................................27.60 SC-8 .................................................................................30.15 SC-9 .................................................................................32.75 SC-10 ...............................................................................35.35 SC-11 ...............................................................................37.85 SC-12 ...............................................................................40.80 SC-13 ...............................................................................43.65 SC-14 ...............................................................................46.85 SC-15 ...............................................................................50.50 SC-16 ...............................................................................54.35 SC-17 ...............................................................................58.40 SC-18 ...............................................................................63.00 SC-19 ...............................................................................67.80 S C-2 0 ...............................................................................72.3 5 SC-21 ...............................................................................78.15 S C-22 ...............................................................................85.95 Interest at the rate of 1-1 /2% per month will be charged on invoices not paid within 30 days. These rates are subject to change on or after April 1, 2011. They are computed by dividing annual mid-point base salary of each classification by 2,080 hours. Form K 10-11 City of Iowa City MEMORANDUM To: Dale Helling, Interim City Manager From: Rick Fosse, Public Works Director Date: May 4, 2010 RE: Engineering Services for Consolidation of Wastewater Treatment Facilities On Monday, May 10, 2010, the City Council will consider a resolution awarding a contract to Stanley Consultants of Muscatine, Iowa, for planning, engineering, construction assistance, and commissioning services to expand the capacity of the South Wastewater Treatment Plant. The Not-To-Exceed contract totals $5,758,000. Staff recommends approval of the contract. As background, a Request for Qualifications (RFQ) was developed by an in house Technical Advisory Committee and reviewed by the U.S. Economic Development Administration (EDA). The request was issued and publicly advertised. Four engineering firms responded. The Committee evaluated the four submittals and selected two firms to invite for presentation/interview. The Committee selected Stanley Consultants for the project based on qualifications and project specific criteria such as project approach, project alternative analysis, regulatory process experience, key personnel, schedule and energy efficiency. Stanley Consultants is teaming with world renowned wastewater consulting firm Brown & Caldwell for process design and local firm MMS Consultants for surveying services. The project is based on the need to consolidate all wastewater operations at the South Plant site to provide flood protection and will also address capacity for growth, evaluate alternative energy, increase energy efficiency and address anticipated future regulatory requirements. This project will include expansion of the South Plant to allow for diversion of all flows from the aging and flood prone North Plant. Decommission and demolition of the North Plant is not included in this project. The design phase will be completed in spring 2012 and construction will last until spring 2014. The total project cost is estimated to be $46 million and will be funded by multiple sources: • $22 million U.S. Department of Commerce EDA grant representing 48% of the total project cost • $5.5 million Iowa Jobs grant representing 12% of the total project cost, • $5 million Iowa Department of Economic Development Community Development Block Grant (CDBG) representing 11 % of the total project cost • $13.5 million local funds including local option sales tax revenue and/or revenue bonds (29% of total project cost). The I-JOBS grant has the potential to increase by $6.5 million if funds become available in the program. We will continue to identify and pursue additional outside funding sources. Cc: Ron Knoche Rory Wiebel Dave Elias Chris Gilstrap