Project Change Authorization Form

Transcription

1 Project Change Authorization Form Total Illumination June 6, 2018 Marion Police Department Lon Pluckhahn Addition of rooms requested including labor, not included originally: $ 4, Additional electrical materials: *Phil DB HG Mail Grommeed Hooks *3/4 Rigid Coupling *Scaffold Rent *Torx Tamper res #20H for Cell Lights $ Total $ 4,827.11

2 th Avenue, Suite 110 Marion, Iowa council memo Date: July 5, 2018 TO: Mayor and City Council CC: City Manager Lon Pluckhahn FROM: Jen Ketelsen, Human Resources Manager RE: Resolution to approve the amendment of a contract with Arthur J Gallagher as our employee benefits consultant. Exhibit(s): Consulting Agreement Amendment Original Gallagher Contract (for reference) The City of Marion currently uses Gallagher Benefits Services, Inc as our Employee Benefits Consultant. They recently discovered that they did not have a signed agreement. This amendment dates to June Our current rates and services are not changing. Phone (319) hr@cityofmarion.org Fax (319)

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13 th Avenue, Suite 110 Marion, Iowa council memo Date: July 5, 2018 TO: Mayor and City Council CC: City Manager Lon Pluckhahn FROM: Jen Ketelsen, Human Resources Generalist RE: Corrected Pay Bands Exhibit(s): Non-Bargaining Pay Bands Human Resources needs to make a correction to the following two pay bands: Utility Maintenance Specialist Previously approved band was not consistent with our practice and was too wide of a pay band. Maximum salary does not change to what was previously approved. Police Facilities Maintenance Coordinator Job title just needed to be updated. Salary band remains the same. Phone (319) hr@cityofmarion.org Fax (319)

14 EFFECTIVE 4/1/2018 Annual 5 Years 20 Years Comparable Hard Base Rate Increment In Grade Midpoint In Grade Maximum Cap Police Chief 106,636 1, , , , , ,818 Police Deputy Chief 81,267 1,394 88, , , , ,510 Police Lieutenant 71,734 1,231 77,888 91,426 95, , ,491 Police Sergeant 64,813 1,112 70,372 82,604 85,940 91,500 95,313 Police Conf. Admin Manager 71,734 1,231 77,888 91,426 95, , ,491 Police Conf. Data Analyst 41, ,805 52,593 54,717 58,256 60,684 Police Conf. Admin Clerk 37, ,379 47,398 49,312 52,502 54,690 Facilities Maintenance Coordinator 50, ,353 63,800 66,377 70,671 73,616 Fire Chief 100,878 1, , , , , ,350 Assistant Fire Chief/Paramedic 75,307 1,292 81,767 95,979 99, , ,745 District Chief/Fire Marshal 72,408 1,242 78,619 92,284 96, , ,482 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 Library Director 86,302 1,481 93, , , , ,915 Asst Library Director 71,253 1,222 77,365 90,813 94, , ,784 Lib. Prog. Coordinator II 51, ,270 66,051 68,718 76,212 79,388 Lib. Prog. Coordinator 41, ,805 52,593 54,717 58,256 60,684 Library Assistant II 37, ,985 48,109 50,052 55,336 57,642 Library Assistant 34, ,165 43,625 45,386 48,323 50,336 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 Parks & Recreation Director 94,316 1, , , , , ,700 Parks & Recreation Assistant Director 76,837 1,318 83,429 97, , , ,996 Operations Manager 68,758 1,180 74,656 87,633 91,172 97, ,114 Supervisor 58,332 1,001 63,336 74,345 77,347 82,351 85,782 City Arborist 69,420 1,191 75,376 88,477 92,050 98, ,089 Recreation/Aquatics Coord 59,759 1,025 64,886 76,164 79,240 84,366 87,881 Recreation Supervisor 50, ,353 63,800 66,377 70,671 73,616 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 Community Development Director 101,773 1, , , , , ,666 Principle Planner 88,533 1,519 96, , , , ,196 Associate Planner 62,445 1,071 67,802 79,587 82,801 88,158 91,831 Planner I 56, ,095 71,325 74,115 79,687 82,955 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 Building Official 76,837 1,318 83,429 97, , , ,996 Code Compliance Coordinator 55, ,422 70,924 73,788 78,562 81,835 Plan Review Coordinator 55, ,422 70,924 73,788 78,562 81,835 Permit Technician 41, ,805 52,593 54,717 58,256 60,684 City Engineer 98,467 1, , , , , ,804 Asst City Engineer 83,871 1,439 91, , , , ,340 Project Manager 72,562 1,245 78,787 92,481 96, , ,709 Project Engineer 62,627 1,074 68,000 79,819 83,043 88,415 92,099 Stormwater Coordinator 65,306 1,120 70,908 83,233 86,594 92,196 96,038 Engineering Project Assistant 51, ,894 65,609 68,259 72,675 75,703 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 Public Services Director 98,467 1, , , , , ,804 Public Services Assistant Director 76,837 1,318 83,429 97, , , ,996 Operations Manager 80,594 1,383 87, , , , ,520 Public Services Supervisor 69,420 1,191 75,376 88,477 92,050 98, ,089 Asst Street Maint. Supervisor 61,456 1,054 66,728 78,326 81,489 86,761 90,376 Utility Maint. Specialist 61,456 1,054 66,728 78,326 81,489 86,761 90,376 Administrative Specialist 45, ,910 58,586 60,952 64,895 67,599 Finance Director (Through 2/28/2019) 106,518 1, , , , , ,645 Director of Administrative Services 101,773 1, , , , , ,666 Budget Manager 65,306 1,120 70,908 83,233 86,594 92,196 96,038 Finance Manager (Until 2/28/19 - Replaced with elevated position) 53, ,926 67,994 70,740 75,317 78,455 Finance Manager (Effective 3/1/19) 58,684 1,007 63,719 74,794 77,814 82,848 86,301 City Clerk/Records Retention 51, ,894 65,609 68,259 72,675 75,703 Accounting Associate 44, ,604 57,052 59,356 63,196 65,829 Payroll Manager 82,931 1,423 90, , , , ,957 IT Manager 80,912 1,388 87, , , , ,989 IT Network Engineer 65,306 1,120 70,908 83,233 86,594 92,196 96,038 Communications Manager 57, ,742 73,648 76,622 81,579 84,978 IT Support Analyst 35, ,701 45,427 47,262 50,320 52,416 Administrative Assistant 45, ,910 58,586 60,952 64,895 67,599 City Manager 152,679 2, , , , , ,528 Deputy City Manager 104,130 1, , , , , ,133 Assistant to the City Manager 65,306 1,120 70,908 83,233 86,594 92,196 96,038 HR Manager 54, ,777 68,994 71,780 76,424 79,608

15 th Avenue, Suite 110 Marion, Iowa council memo Date: July 5, 2018 TO: Mayor and City Council CC: City Manager Lon Pluckhahn FROM: Jen Ketelsen, Human Resources Generalist RE: Library Holiday Policy Exhibit(s): Policy 5.03 Library Holidays The Marion Public Library is updating the following policies: 5.03 Holidays: The Board has approved the change to be open during regular business hours on Good Friday. In return they will be given a 3 rd floating holiday. To be effective 7/1/18 Phone (319) hr@cityofmarion.org Fax (319)

16 Leaves 5.03 Holidays - Library Scope: All full-time permanent library employees. Effective Date: 07/01/2018 General Policy The following will be recognized as paid holidays for library employees: New Year's Day Memorial Day Independence Day Labor Day Birthday Three (3) Personal Days Thanksgiving Eve (Library closes at 5:30pm) Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas New Year s Eve (library closes at 2:00pm) Provisions: 1) Whenever any of the holidays fall on a Saturday or Sunday, a floating holiday is created. 2) Employees shall be eligible for pay for any holiday falling within a pay period for which they receive compensation. 3) An employee shall forfeit his right to payment for any such holiday if she or he has an unexcused absence on the last regular working day preceding such holiday or on the next regular working day following such holiday. 4) Personal days shall accrue each July 1 and must be used during that fiscal year, except for probationary employees. Probationary employees hired prior to January 1st of the fiscal year shall receive two (2) personal days. However, any employee hired after January 1st of the fiscal year will receive one (1) personal days. Probationary employees shall not be eligible to use their personal days until completion of their six (6) month probationary period but shall use all their accrued personal days within twelve (12) months after the end of their probationary period.

17 th Avenue, Suite 110 Marion, Iowa council memo July 5, 2018 TO: Mayor and City Council CC: City Manager Lon Pluckhahn FROM: Jen Ketelsen, Human Resources Manager RE: Early Retirement Package Exhibit(s): Early Retirement Plan Human Resources is recommending offering the standard Early Retirement Plan. Eligibility: Supervisors & Directors, age 55 with 15 years of service (see contract for further details) Employee Benefits for the Early Retirement (See contract for exact details): o Forty Eight months of Health Insurance o Two percent of the employees present salary for each year of continuous full-time service up to a maximum of 50% salary. Benefit to the City: In offering this early retirement package for fiscal year , the City expects to realize an estimated savings of over $12,000 over the course of four years, if all eligible employees elect the benefit. Extending the health insurance to 48 months versus the 24 months in our previous years: o Increases the probability of the employees electing the plan as they no longer have to pay the health insurance premiums for an additional two years. The intent this year is to offer the retirement plan with enhanced benefits, but to discontinue the offer for the next few year to allow for the benefit fund to increase. o The City will also plan to do more review on the plan so that we can use it as a strategic budgeting tool to make sure the City is realizing the most savings as possible. Phone (319) hr@cityofmarion.org Fax (319)

18 1 CITY OF MARION, IOWA EARLY RETIREMENT INCENTIVE PLAN IMPLEMENTATION GUIDELINE There are several documents involved in the proper implementation of your Early Retirement Incentive Plan. Please review the following annotated list prior to meeting with employees about this plan. The following is a list and description of each document, including suggestions for its use: 1. Early Retirement Incentive Plan. Once the plan is adopted by the City Council, employees should be made aware of the existence and general terms of this benefit. Copies of the Plan Description in its entirety must be provided to those employees eligible for its benefits. The plan as written is available to. This document is incorporated into all facets of the plan. 2. Application. This document initiates an eligible employee's qualification process, by providing a record of the employee's application and resignation. Note that the employee's resignation should be a separate document. The resignation, which can be handwritten by the employee, must contain a date and the employee's signature. It need be no more elaborate than the following: "I hereby resign from my position as from the City of Marion effective at the end of the current contract year." By the terms of the Early Retirement Incentive Plan, the employee's application and resignation date must be received by the City Manager by August 31, The City Manager must certify that both documents have been received on time by signing and dating the form. A copy should be made for the employee and the original retained for the City's records. Subsequent to the City Manager's acceptance of the employee's resignation (official action), signifying the employee's acceptance into the Early Retirement Incentive Plan, the City Manager must send a copy of the form to the employee noting the acceptance of the employee's resignation. 3. Employee Meeting Procedures and Form. A meeting will be held with any eligible employee interested in participating in the City's Early Retirement Incentive Plan. These forms outline and document what should be presented and/or discussed at that meeting. The employee should initial the topics listed to indicate that they were presented and/or discussed during the meeting. The signature of each participant in the meeting indicates that the meeting took place and the topics were covered. These documents insure everything that is legally required is included and discussed in the Early Retirement Incentive Plan meeting. The following Early Retirement Incentive Plan documents must be discussed and/or presented to the employee at this meeting: Plan Description, Participation Agreement and Agreement Receipt, and Beneficiary Designation Document. 4. Participation Agreement. This is a contract between the plan participant and the City that will control the terms and conditions of their relationship when the employee becomes an Early Retirement Incentive Plan Participant. Section 3 of the agreement is a waiver and release by the employee, protecting the City from claims related to the employee's election to become an Early Retirement Incentive Plan Participant. Section 8 is required to meet Federal legal requirements for Early Retirement Incentive Plans.

19 2 5. Agreement Receipt and Timeline Waiver. This form serves a dual purpose. Initially, it is completed and signed by the City Representative to document the 45 day consideration period. If the employee decides to waive the full 45 day consideration period and sign the Participation Agreement in less time, the employee must sign and date the document. The City retains the original of the document with a copy for the employee's records. 6. Beneficiary Designation By Employee. This document is optional and is needed for only those Plan Participants who wish to name a beneficiary for the plan benefits. An employee who dies before full realization of the plan benefits can, if this document has been completed, direct that the proceeds of the Early Retirement Incentive Plan go to the person designated as beneficiary. In the event of the participant's death when a beneficiary has not been designated, any unpaid plan benefits will become part of the participant's estate, to be distributed according to the participant's will or by State law. The City retains the original of this document and the Plan Participant receives a copy.

20 3 CITY OF MARION, IOWA EARLY RETIREMENT INCENTIVE PLAN The City of Marion, Iowa (City) Early Retirement Incentive Plan as described in this document has been approved by the City Council. Purpose The purpose of this plan is to provide City employees with the opportunity for early retirement from their employment with the City. This Early Retirement Incentive Plan is designed to show the City's appreciation for the services an employee has rendered to the City, to aid the employee in their transition from public service to retirement, and to save funds through a reduction in staff and/or replacement savings. Plan Duration This Plan will only be offered until August 31, Any eligible employee who has not committed their participation in the Plan prior to August 31, 2018, will forever lose their opportunity to do so. I. EMPLOYEE REQUIREMENTS A. Determining Eligibility: An employee is eligible to participate in this plan if they have been a full-time employee for a minimum of fifteen (15) years of continuous service to the City on or before August 31, 2018, have attained at least fifty-five (55) years of age on or before August 31, 2018, and is a supervisor or director classification. Full-time service is defined as working at least 2080 hours per year. Employees covered under the Chapter 411 Pension Program are not eligible for this Early Retirement Option. However, no employee will be eligible for this Early Retirement Incentive Plan if: 1) they are scheduled for layoff; 2) they have received an official notice of layoff; 3) they are subject to termination; or 4) they have previously retired from employment with the City. B. Qualifying for Participation in Plan: An eligible employee qualifies for participation in this plan upon completion of the following requirements: 1) Submission of a written application to participate in this plan to the City of Marion, addressed to the City Manager or before 4:00 p.m. on August 31, The Council reserves the right to waive strict compliance with the application deadline if there are extenuating circumstances unknown to the employee at the time and the Council in its sole discretion decides to waive strict compliance with the application deadline. 2) Submission of a written resignation addressed to the City with the written application to participate in the plan.

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22 5 3) The City Manager s acceptance of the written resignation. The resignation will not be binding unless the employee is eligible and appropriately qualifies under the plan and the City Manager accepts the employee's written resignation. The City Manager s acceptance of the written resignation will be considered final action and shall mean that the employee's application is accepted and the employee's employment duties will end upon the effective date of the resignation. In all cases, completion of the above requirements is realized by receipt or certification by the City Manager. II. BENEFIT A. Each participating employee will receive the following early retirement incentive benefits: 1) An amount equal to two percent (2%) of the employee s present base salary for each year of continuous full-time service the employee has provided to the City up to a maximum of fifty percent (50%) of the employee s base salary less all lawful withholdings. The employee may choose to receive payment of this amount in a single payment on the first pay day after the effective date of the employee s resignation or the employee may request an alternative payment plan for the City s consideration that will be subject to the City s approval. 2) Forty Eight (48) months of paid health and dental insurance at the level of insurance coverage (i.e. single or family) the employee has on the effective date of the employee s resignation. The coverage provided will be the same as provided to current non-bargaining employees. The employee shall be responsible to pay the same employee portion of health and dental insurance premiums as current nonbargaining employees. The City s responsibility for providing paid health and dental insurance coverage under this plan will end if:(a) the insurer no longer permits the former employee to be covered; (b) the former employee becomes eligible to participate in Medicare; or (c) the former employee dies. In the event of the employee death or when the employee becomes Medicare eligible, the employee s current spouse and/or dependent(s) may continue on the health and dental insurance plan and shall be responsible for the employee portion of the health and dental insurance premiums as current non-bargaining employees. Coverage will terminate if (a) the insurer no longer permits the current spouse and/or dependent to be covered; (b) the current spouse becomes eligible to participate in Medicare; (c) the forty eight (48) months of health/dental insurance based on the employee s retirement date expires, as described in the above paragraph; or (d) the current spouse and/or dependent dies. Nothing herein shall limit the City s ability to change the terms of its existing health and dental insurance coverage. This plan in no way guarantees that an employee will be provided any certain level of health or dental insurance benefits or premiums. An employee s ability to continue to participate in the City s group health insurance plan shall cease when the employee reaches 65, or qualifies for Medicare, secures other employment for with the employer offers health care coverage, fails to meet all

23 the requirements of the insured, is refused coverage by the insurer or dies. An employee s dependent s health insurance coverage, if any, shall cease at the same time as the employee s coverage ceases or when the dependent reaches age B. In the event of the death of the employee prior to the payment of the employee s full early retirement incentive benefits, the employee s remaining early retirement incentive benefits will be paid to the employee s designated beneficiary in one (1) lump sum payment within thirty (30) days after the City is notified of the employee s death. In the event the employee had not designated a beneficiary, the employee s remaining early retirement incentive benefits will be paid to the employee s estate in one (1) lump sum payment within thirty (30) days after the City is notified of the employee s death. III. HEALTH INSURANCE CONTINUATION At the expiration of the paid health insurance benefits provided pursuant to this plan, a participating employee and the employee s spouse and/or dependents may elect to continue coverage under the City s health insurance program consistent with the provisions of this plan, the requirements of the City s health insurance program, and the requirements set out in the law. If an election to continue coverage is made pursuant to this provision, no portion of the premium will be paid by the City. Nothing herein shall limit the City s ability to change the terms of its existing health insurance plan. This plan in no way guarantees any certain level of benefits or premiums. An employee s ability to continue to participate in the City s group health insurance plan shall cease when the employee reaches 65, or qualifies for Medicare, secures other employment for with the employer offers health care coverage, fails to meet all the requirements of the insured, is refused coverage by the insurer or dies. An employee s dependent s health insurance coverage, if any, shall cease at the same time as the employee s coverage ceases or when the spouse reaches age 65. IV. EMPLOYEE RIGHTS In the event this Early Retirement Incentive Plan is altered or discontinued, persons who separated from employment with the City under its provisions will continue to receive the benefits in effect and authorized by the Council at the time the employee's letter of resignation was accepted. The adoption of this Early Retirement Incentive Plan shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement. Furthermore, the City shall not be obligated to provide any plan benefits to any employee after the expiration date of the plan, except to those Early Retirement Incentive Plan participants who have submitted a written application and resignation and have been approved to participate in the plan prior to the expiration date of the plan. IV. STATUS OF PARTICIPANTS An employee who elects to participate in the City's Early Retirement Incentive Plan will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the City. However, Early Retirement Incentive Plan participants shall not be eligible to be rehired in any capacity with the City, nor shall the City be required to consider an application for employment from an Early Retirement Incentive Plan participant; provided however, that the City, in its sole discretion, may employ Early Retirement Incentive Plan participants as part-time or temporary employees.

24 7 Each employee who elects to participate in the City's Early Retirement Incentive Plan must specifically agree to hold the City harmless and indemnify it if the participant attempts to submit an application for employment or otherwise attempts to be reemployed full time with the City. The participant is not precluded in any way from accepting employment with any employer other than the City.

25 8 CITY OF MARION, IOWA EARLY RETIREMENT INCENTIVE PLAN PARTICIPATION AGREEMENT WAIVER AND RELEASE Whereas the City of Marion, Iowa (City) has approved and offered an Early Retirement Incentive Plan to a class of its employees, of which the undersigned Early Retirement Incentive Plan Participant (hereinafter Participant) is a member; and Whereas the Participant has been determined to be an employee, eligible for the Early Retirement Incentive Plan as described in the separate Early Retirement Incentive Plan Description Document attached hereto and incorporated herein as if set out verbatim; and Whereas the Participant has completed and/or hereby agrees to complete all actions and certifications required to become qualified for the plan; Now, therefore, the Participant and the City agree as follows: 1. The City will provide to the Participant all Early Retirement Incentive Plan Benefits described in the Early Retirement Incentive Plan Description document. The City makes no representation regarding legality or regulatory compliance of the Plan and further makes no representations regarding the tax implications for the Participant arising out of the Participant's receipt of benefits under the Plan. 2. The Participant will become a retired employee of the City as of the effective date of the employee s resignation. 3. In further consideration for the benefits provided as part of the City's Early Retirement Incentive Plan, the Participant agrees to not apply for or seek full time employment with the City at any time in the future. Furthermore, the Participant releases and waives all claims, whether known or unknown, arising out of or in the course of the employment relationship between the Participant and the City; and specifically releases and waives any and all claims whether known or unknown with regard to: breach of contract; Iowa Code Chapter 216; Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act (ADEA); the Older Workers Benefit Protection Act (OWBPA); the Americans with Disabilities Act (ADA) or any other claim of discrimination whether based on age or otherwise that the employee could claim against the City at the time of signing this Agreement. The Participant specifically does not waive any rights or claims that may arise after the date this Agreement is signed. This release and waiver will apply to the City, its agents, and others including its officers, directors, representatives, administrators, staff, and employees.

26 The Participant agrees that this release and waiver in no way can be used against the City as an admission of liability of any kind. Furthermore, the Participant agrees to indemnify and hold the City harmless for any breach of this agreement to release and waive claims whether known or unknown against the City The parties agree that if any clause of this agreement is found to be invalid it shall not affect the validity of other provisions. 5. This document contains the entire agreement between the parties and can only be modified by a subsequent written agreement signed by both parties. 6. The Participant acknowledges that he/she has been given forty-five (45) days in which to consider the desirability of signing this waiver and release. 7. The Participant acknowledges that his/her signature is given voluntarily and without threat or promise of additional benefit in consideration for that signature other than the consideration listed in this agreement. 8. The Participant acknowledges that he/she was advised in writing of the right to consult with an attorney regarding the terms and conditions and the benefits that will be provided through the Early Retirement Incentive Plan and this Agreement prior to signing this Agreement. Furthermore, the parties acknowledge that the Participant has a right to revoke this Early Retirement Incentive Plan Agreement without recourse for a period of seven (7) days after signing the Agreement. The Agreement shall not become effective or enforceable until this seven (7) day revocation period has expired. Any payments or benefits provided for in this Agreement will not commence prior to the expiration of the seven (7) day waiting period.

27 1 IN WITNESS WHEREOF, the parties have set their respective hand this _, day of Early Retirement Incentive Plan Participant Date STATE OF IOWA ) ) ss: LINN COUNTY ) On this day of 2018, before me, the undersigned, a Notary Public for the State of Iowa, personally appeared, to me personally known to be the identical person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC, STATE OF IOWA City Manager Date STATE OF IOWA ) ) ss: LINN COUNTY ) On this day of 2018, before me, the undersigned, a Notary Public for the State of Iowa, personally appeared to me personally known, who being by me duly sworn, did say that he is the City Manager of the City of Marion; that said instrument was signed on behalf of said corporation by authority of its Council; and that the said as such officer, acknowledges the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. NOTARY PUBLIC, STATE OF IOWA

28 9 APPLICATION FOR EARLY RETIREMENT CITY OF MARION, IOWA I hereby submit my formal application for participation in the City of Marion, Iowa s Early Retirement Incentive Plan. As part of my application I will, by August 31, 2018, submit a resignation from my employment with the City. It is my understanding that this Application and my Resignation will be acted upon simultaneously by the City Manager. Employee Signature Date Application received by the City Manager on _, City Manager Date ================================================================= Resignation received by the City Manager on _, City Manager Date Resignation accepted and Early Retirement Incentive Plan Participant approved by the City Manager on, Human Resources Date

29 10 EARLY RETIREMENT INCENTIVE PLAN MEETING FORM CITY OF MARION, IOWA A meeting was held on the day of _, 2018 with the following people present: The following items were discussed: (Check if covered) Early Retirement Incentive Plan Benefits The employee has no obligation to accept early retirement. Early Retirement Incentive Plan Agreement The 45 days to consider Agreement ends as of. The employee has the right and ability to revoke signed Agreement within 7 days after signing. A copy of the Agreement (including the Early Retirement Incentive Plan Description) and this document were given to the employee. The employee's right to consult an attorney to answer questions Agreement or other Early Retirement Incentive Plan Documents. prior to signing The signatures below signify only that the meeting described was held and the items indicated were reviewed. An employee's signature on this document cannot be used to prove assent to any terms of the Early Retirement Incentive Plan Agreement. Employee Signature Date City Representative Signature Date

30 11 EARLY RETIREMENT INCENTIVE PLAN AGREEMENT MEETING PROCEDURES CITY OF MARION, IOWA 1. The employee must receive a copy of the current Early Retirement Incentive Plan Description document. 2. Check to be certain that the written Early Retirement Incentive Plan Agreement and the language of the Agreement is easily understood by the employee. 3. The employee must be given at least 45 days after receiving a copy of the Agreement to consider his/her commitment to participate in the plan. The employee's commitment is finalized by his/her signing of the Early Retirement Incentive Plan Agreement. The employee is not required to take the whole 45 days to consider participation, but when the employee uses less time, you must document the fact that the decision to participate was voluntary and knowing by completion of the Early Retirement Incentive Plan Agreement Receipt. 4. The employee should be told orally and in writing of the right to consult an attorney regarding the Agreement. (Give employee a copy of the signed meeting form). 5. The Agreement should be read to the employee in a conference with the employee and a City representative. The employee should be told the following: (a) he/she is under no obligation to retire early and may work until the employee wishes to retire; (b) he/she has 45 days to consider the agreement; (c) he/she has the right to consult an attorney prior to making any commitment to the plan; and (d) after signing the Early Retirement Incentive Plan Agreement, he/she has 7 days to revoke the Agreement without providing any reason. 6. Employee should sign an Early Retirement Incentive Plan Meeting Form (attached) that acknowledges the items covered. 7. If the employee wishes to accept the Agreement before the end of the 45 day period, employee must sign an Early Retirement Incentive Plan Agreement Receipt (attached) that indicates the voluntariness and reasoning for not using 45 days to consider the Agreement. 8. The employee may wish to name a person to be the beneficiary of his/her Early Retirement Incentive Plan Benefits. If so, the employee should complete the Designation of Early Retirement Incentive Plan Beneficiary (attached). The employee s remaining early separation pay will be paid to the employee s designated beneficiary in one (1) lump sum payment within thirty (30) days after the City is notified of the employee s death. 9. The signatures on all of the relevant documents should be notarized.

31 12 EARLY RETIREMENT INCENTIVE PLAN AGREEMENT RECEIPT AND WAIVER CITY OF MARION, IOWA I,, state that I received a copy of the Early Retirement Incentive Plan Agreement, including the Early Retirement Incentive Plan Description, from a representative of the City of Marion, Iowa on the day of, Upon receipt of these documents, I was informed that I have forty-five (45) days in which to consider these documents and agree that the forty-five day period in which to consider these documents expires on August 31, Despite the fact that I have been informed by a representative of the City that I have forty-five (45) days to consider participation in the City's Early Retirement Incentive Plan, I have voluntarily chosen to waive the forty-five (45) time period to consider participating in the City's Early Retirement Incentive Plan and have decided to participate in the plan by signing the appropriate documents to participate in the plan before the above-mentioned fortyfive (45) day period has expired. Employee Date STATE OF IOWA ) ) ss: LINN COUNTY ) On this day of 2018, before me, the undersigned, a Notary Public for the State of Iowa, personally appeared _, to me personally known to be the identical person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC, STATE OF IOWA

32 13 EARLY RETIREMENT INCENTIVE PLAN BENEFICIARY DESIGNATION CITY OF MARION, IOWA I,, hereby designate as my beneficiary to receive, upon my death, the benefits to which I am entitled to pursuant to the City of Marion, Iowa's Early Retirement Incentive Plan. Signature Date STATE OF IOWA ) ) ss: LINN COUNTY ) On this day of 2018, before me, the undersigned, a Notary Public for the State of Iowa, personally appeared _, to me personally known to be the identical person named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC, STATE OF IOWA

33 th Avenue, Suite 110 Marion, Iowa council memo June 29, 2018 TO: Mayor, City Council Members CC: Lon Pluckhahn, City Manager FROM: Traci Miller, Administrative Assistant, City Manager s Department RE: Hold Harmless/Noise Waiver Agreements Exhibit(s): Hold Harmless/Noise Waiver Application(s) Motion to approve the following Hold Harmless/Noise Waiver Agreements: a. Lion Cross Country Meet, Lowe Park, September 1, 2018, 7:00-12:00 p.m. (CJ McDonald, Oak Ridge Middle School, 4901 Alburnett Road). b. 9th Annual 6th Street BBQ, th Street, September 8, 2018, 4:00-10:30 p.m. (Brad and Lisa Rizzio, th Street). c. Uptown Getdown, City Square Park, August 2, 9, 16, 23, 2018, 6:00-9:00 p.m. (Marion Chamber of Commerce, th Avenue, Suite 100). The Hold Harmless Agreement/Noise Waiver releases the city from any legal liability during the event. The noise waiver allows the applicant to employ an additional decibel level during the event.

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