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City Manager Employment Agreement FY 2019 Copyrighted July 16, 2018 City of Dubuque Consent Items # 18. ITEM TITLE: City Manager Employment Agreement SUMMARY: City Manager's employment agreement submitted for Council approval. RESOLUTION Establishing the Compensation of the City Manager. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type City Manager's Employment Agreement-NNM Memo City Manager Memo Resolution Establishing the Compensation of the City Resolutions Manager Original EmploymentAgreementwith Amendments 1-25 Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Manager's Employment Agreement DATE: July 13, 2018 My performance evaluation by the Mayor and City Council was held on July 9, 2018. The resolution on the July 16, 2018 City Council Meeting agenda is the result of that evaluation. This resolution preserves all the language previously agreed upon in my 1992 employment agreement as amended over the years, including the requirement for an annual evaluation by the Mayor and City Council. It also establishes that this year, and in years going forward, I will receive the same percent increase as City of Dubuque non- bargaining unit employees for both salary and car allowance. The increase for the current fiscal year is 1 .5°k. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Prepared by: Randy Peck, 50 Westl3th Street, Dubuque IA 52001 (563) 589-4125 RESOLUTION NO. 212-18 ESTABLISHING THE COMPENSATION OF THE CITY MANAGER Whereas, the City Council appoints the City Manager; and Whereas, the City Council from time to time establishes the compensation of the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The base salary of the City Manager is hereby established, effective the 1st day of July, 2018, at $8,654.54, payable bi-weekly. Section 2. The annual base salary of the City Manager shall be adjusted July 1st of each succeeding year, by the same percentage as for all other non -bargaining unit employees. Section 3. The City Manager's deferred compensation contribution by the City of Dubuque shall be sixteen percent (16%) of the City Manager's annual salary, including longevity, on the first payroll of each calendar year for the succeeding year and City agrees to transfer ownership to succeeding employers upon the City Manager's resignation or termination. Section 4. The City Manager shall be entitled to an automobile allowance, payable bi-weekly equal to $311.45. The City Manager shall also be entitled to payment for mileage for out -of -county travel. Section 5. The automobile allowance of the City Manager shall be adjusted July 1st of each succeeding year by the same percentage of the increase in base salary in Section 1. Section 6. Any sections of the 1992 Employment Agreement, as amended, not inconsistent with the forgoing are hereby preserved. Passed, approved and adopted this 16th day of July, 201 Attest: Kevin S. Firnstahl, City Clerk By: Roy D. oI, Mayor F:\Users\tsteckle\Lindahl\Agreements\City Manager\ResolutionEstablishingManagerSalary_071218.docx CITY MANAGER EMPLOYMENT A�GREEMEHT ,\ THIS AGREEMENT is betweeR the City of Dubuque, a municipal corporation (City), and Michael C. Van Milligen (Employee) . a. The City Council wishes to employ Michael C. Van Milligen as City Manager as provided in Iowa Code Sections 372.7 and 372.8, and the City of Oubuque Code of Ordinances. b. The City Council and Employee desire to define the terms and conditions of such employment. c. The City Council desires to (1) induce Employee to serve in such position, (2) enhance work productivity by protecting Employee's morale and peace of mind, and (3) provide a fair method for terminating Employee`s services. DUTIES 1. City Council agrees to employ Michael C. Van Milligen as City Manager of the City to perform the functions and duties specified in Iowa Code Sections 372.7 and 372.8 and the City of Dubuque Code of Ordinances. HIX1RS OF NORK 2. Employee agrees to devote his full time to this position and its responsibilities. Since Employee must devote time outside ofi normal office hours to these responsibilities, City agrees that Employee will be allowed to take compensatory time off as he deems appropriate during normal office hours. COMPENSATION 3. City agrees to pay Employee for his services a monthly salary of 55,833.33 (570,000 annualized) payable in installments at the same time as other City employees are paid. 4. City agrees to conduct a formal written review of Employee's work performance within six, twelve and eighteen months after the effective date of this Agreement. Thereafter, City agrees to annually conduct a formal written review of Employee's work performance in conjunction with the fiscal year budget process. The formal annual review will inciude use of an objective criteria, and the evaluation process will comply with state law. City will adjust Employee's compensation and other terms of employment in accordance with the results of the annual review, and take into account any annual adjustments granted other city management employees. CI7Y MANA�ER EMPLOYMENT AGREEMENT PAGE 2 RETIREMENT PLAH 5. City agrees to pay for Employee's continued participation in the International_ City Management Association Retirement Corporation (ICMA-RC) in the amount of 55,000 on Employee's behalf on the first payday of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termi�ation. AUTOMOBIIE 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee 3350 per month toward automobile allowance. Empioyee agrees to responsibility for liability, property damage, and comprehertsive insurance, and for the . purchase, operation, maintenance, repair, and replacement of an automobile. DUES ANU SUBSCRIPTIONS 7. City agrees to budget and pay the professional dues and subscriptions of Employee for his participation in national , regional , state, and local organizations (organizations similar to ICMA and Iowa City Management Association) for his continued professional growth. PROFESSIONAL DEVELOPMENT 8. City agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel , meetings and other functions including but not limited to the annual meeting of the International City Management Association, the League of Iowa Municipalities, the National League of Cities, and their comnittees on which Employee serves as a member. 9. ��ity agrees to budget and pay the travel and subsistence expenses of Empioyee for workshops, institutes and seminars that are necessary for his professional development and the good of the f.ity. The City Council must approve in advance Employee's participation in major programs. Employee agrees to advise the mayor in advance of all absences from the City for periods longer than 48 hours. CITY MANA6ER EMPLOYMEHT A6REEMEHT PAGE 3 GENERAL EXPENSES 10. City recognizes that certain job-related expenses may be incurred by Employee and agrees to pay or reimburse such expenses. The Finance Director is authorized to disburse such monies upon receipt of appropriate documentation. TERM 11. This Agreement does not prevent the City Gouncil from terminating the services of Employee at any time, with or without cause, subject only to paragraphs 13 and 14 of t6is contract. . 12. This Agreement does not prevent the Employee from resigning at any time from his position with the City, subject only to paragraph 15 of this contract. TERMINATION 13. If Employee is terminated by the City Council when Employee is willing and able to perform the duties of City Manager, the City agrees to pay Employee severance pay equal to three months salary. However, if Employee is terminated for cause or conviction of any felony crime or one involving moral turpitude, City is not obligated to pay Employee any severance pay. In the event that the City is forced to terminate the Employee as a result of a citizen approved referendum changing the form of government then severance pay will be equal to six months. 14. City agrees not to reduce the salary or other financial benefits paid Employee in a percentage greater than any reduction applicable to all other Gity employees. If, after written notice, City refuses to comply with any provision of this contract, then Employee is entitled to severance pay equal to three months' salary upon resignation. 15. Employee agrees to give City at least two months written notice prior to voluntarily resigning his position with the City. The City Council , with consent of the Employee, may relieve Empioyee of this obligation. MOVIN6 EXPENSES 16. Employee shall be reimbursed, or City may pay directly, for the expense of packing and moving Employee, his family, and his personal property from Skokie, Illinois to Dubuque, Iowa . Employee shall obtain three bids for such moving expenses. CIlY MANAGER EMPLOYMEHT AGREEHEHT PA6E 4 17. In the event Employee is forced to establish a temporary second home, pending the sale of his home and the moving of his family, City shall pay Employee 5400 per month as a suQplemental living allowance, for up to three months. If Empioyee establishes a permanent res,idence prior to the expiration of the three months, this supplemental living allowance shall terminate. 18. City shall pay Employee`s expenses for up to two round trips between Skokie, Illinois and Dubuque, Iowa for Employee and his spouse to assist with obtaining a temporary and permanent residence in Dubuque. 07HER TERMS AHD CONDITIOHS 19. A medical examination will be conducted after an offer of emp}oyment has been made. The offer of employment is conditioned upon successfully comp7eting the medical examination. Employee must be found by physician to be physically capable of performing the duties of City Manager. Employee, at the City Council 's discretion and per City Council policy, and state law, may be subject to periodic physical examinations and drug screening tests. It is understood that these examinations and tests will be at City's expense. 20. The City Council may establish other terms and conditions of employment relating to the performance of Empioyee. Such terms and conditions will not conflict with the provisions of this contract, the City of Dubuque Code of Ordinances or any other applicable law. 21. City agrees that Employee shall earn three weeks of vacation time according to the normal accrual schedule beginning with the first year of employment. Thereafter, Employee is entitled to accrue the same vacation benefits as are accorded Lity department managers based on the three week schedule. 22. All City holidays and other fringe benefits, including medical , dental , life, disability and sick leave benefits and working conditions which now exist, or hereafter come into existence and which are accorded City department managers, shall also apply to Employee. Such benefits are in addition to the provisions of this Contract. GENERAL PROVISIOHS 23. 7HIS AGREEMENT constitutes the entire agreement between City and Empioyee. This contract may be amended only by written agreement signed by City and Employee. 24. "iHIS AGREEMENT shall inure to the benefit of the heirs at law and pxecutors of Employee. CITY MANA6ER EMPLOYMENT AGREEHENT PA6E 5 25. Employee's first working day shall be on 1 January, 1993. 26. Employee agrees to affix said (his) signature as approval of this document and Yeturn it to City within 72 hours of receipt. 27. Tf any provision of this Contract is held invalid or unenforceable, the remainder shall be unaffected. 28. TNIS AGREEMENT is effective December 7 , 19g2 , the date it was approved by the City Council . City and Employee have each retained an original copy. City of Dubuque, Iowa � •�a�.. :. •.� �� '�-`">� .� demes-f--Bre y;-4ayer- Kathr.yn E�. Krieg, Ma r Pro-Tem �. �� / ) r�� ( � /!:4(:u.i i' �ii l_,L�dr./ Employee ACCEPTANCE OF AGREEMENT: /'/ir/u�l��C- �,� ,`�>r�k<.� Mi�hael C. Yan Milligen ATTEST: �L�fit,�L <• �l Mary D�`vis, City Clerk FORM A➢�OVED: :�, %, ��«..�� B�rry Lindahl , Corporate Counsel FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties as follows: 1. Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: 3 . City agrees to pay Employee for his services, effective July 1, 1993 , a monthly salary of $6,250 ($75, 000 annualized) payable in installments at the same time as other City . employees are paid. 2. Paragraph 4 thereof is deleted, and the foilowing new paragraph substituted in lieu thereof : 4. City agrees to conduct a formal written review of Employee's work in December of 1993 and in DecemY�er of each year thereaPter. The formal attnual review will include use of an objective criteria and the evaluation process will comply with State law. The City will, in conjunction with the fiscal year budget process, adjust Employee's compensation and other terms of employment in accordance with the results of the annual review, and take into account any annual adjustments granted other City management employees. 3. Paragraph 5 thereof is deleted, and the following new paragraph 5 substituted in lieu thereof: 5. City agrees to pay for F�ployee's continued participation in the International City Manaqement Association Retirement Corporation (ICMA-I2C) , the amount of $5,500 on Employee's behalf on the first pay day oP each calendar year, beginning in 1994, for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. - 2 - This First Amendment is effective August 16 , 1993 , the date it was approved by the City Council. City and Employee have each retained an original copy. City of Dubuque, Iowa � J s E. Brady, Mayor V � i Cc � M�chael C. Van Milligen Employee ATTEST: � � .C��� ary D is , City Clerk FORM APP ED: ` Barry . Lsndahl, Corporation Counsel SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties, as previously amended, as £ollows: Paragraph 4 thereof is deleted, and �he following new paraqraph substituted in lieu thereof: 4 . City agrees to conduct a formal written review of Elnployee's work in the second quarter of each calendar year beginning in 1994. The formal annual review will include use of an objective criteria and the evaluation process will comply with State law. The City will adjust Employee�s compensation and other terms of employment in accordance with the results of the annual review, and take into account any annual adjustments granted other City management employees. This Second Amendment is effective December 20 , 1993 , the date it was approved by the City Council. City and Employee have each retiained an original copy. City of Dubuque, Iowa t�.�l�� J es E. Brad � May � r�/. � iC n_ i � l /�l Mich el C. Van Milligen Employee ATTEST: � Mary D�vis� City Clerk � FORM AP ��ED: 'r C.�---- Bar/ry A. Lindahl, Corporation Counsel , . . . �.,i�. . - � THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City oP Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties, as previously amended, as follows: Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: 3 . City agrees to pay Employee for his services, effective July 1, 1994, a monthly salary of $6,437.50 ($77,250 annualized) payable in installments at the same time as other City employees are paid. Paragraph 5 thereof is deleted, and the Pollowing new paragraph substituted in lieu thereof: 5. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) , the amount of $5,665 on Employee�s behalf on the lst pay day of each calendar year, beginning in 1995, for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu thereof: 6 . Employee's duties require that he have use of an automobile. City agrees to pay Employee $360 . 50 per month toward automobile allowance. Employee agrees to responsibility for liability, property @amage, and comprehensive insurance, and for the purchase, operatian, maintenance, repair, and replacement of an automobile. - 2 - �� This Third Amendment is efEective May 16, 1994, the data it s approved by the City Council . City and Employee have eacis �`retzined an original copy. City of Dubuque, Iowa � �� Terr nce�an, � V Michael C. Van illigen Employee ATTEST: �/ � f-' ` "-u�J Mary vis, City Clerk FORM APP&6UED: l � !� �����--�.� Barry A. ]Lindahl, Corporation Counsel � FOURTH AMENDMENT TO �CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement �between the parties, as previously amended, as follows: Para�raph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: � 3. City agrees to pay Employee for his services, effective July 1, 1995, a monthly salary of $6,662.83 ($79,954 annualized) payable in installments at the same time as other City employees are paid. Paragraph 5 thereof is deleted, and the following new paragraph substituted in lieu. thereof: 5. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC), the amount of $5,863 on Employee's behalf on the first day of each calendar year, beginning in 1996, for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City ayrees to pay Employee b373.1Z per month toward automobile allowance. Employee agrees to responsibility for liability,-' property damage, and comprehensive insurance,and for the purchase, operation, maintenance, repair, and replacement of an automobile. This Fourth Amendment is effective June 5, 1995, the date is was approved by the City Council . City and Employee have each retained an original copy. City of Dubuque, Iowa � Ter ance M. Du n, Mayor , V Mich C. 4an MilTigen, Empl ee ATTEST: f�f/L�/G2 "c. L6Z�','I�ZS� ���H'�✓ Raren-M. 'Ehesterm3tt,`Deputy City Clerk FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Empioyment Agreement between the parties, as previously amended, as follows: Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 1996, a monthly salary of 56,862.71 ($82,352.52 annualized) payable in installments at the same time as other City employees are paid. Parag�aph 5 thereof is deleted, and the following new paragraph substituted in lieu thereof: 5. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC), the amount of 56,038.89 on Employee's behalf on the first day of each calendar year, beginning in 1997, for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $384.31 per month toward automobile allowance. Employee agrees to responsibility for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and replacement of an automobile. This Fifth Amendment is effective July 1, 1996. City and Employee have each retained an original copy. City of Dubuque, Iowa Ter���������'�2u� M. Duggan ayor .� � � � Michael C. Van Milligen, Employee ATTEST: ' � ��!� Mary . Davis, City Clerk SIXTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipai corporation (City) and Michael C. Van Milligen (Empioyee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties, as previously amended, as foliows: Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 1997, a monthly salary of$7,051.43 ($84,617.21 annualized) payable in installments at the same time as other City employees are paid. Paragraph 5 thereof is deleted; and the foilowing new paragraph substituted in lieu thereofi 5. City agrees to pay for Employee's continued participation in the international City Management Association Retirement Corporation (ICMA-RC), the amount oi $6,204.96, on Employee's behalf on the first day of each calendar year, beginning in 1998;for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. Paragraph 7 thereof is deleted, and the following new paragraph substituted i� lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $394.86 per month toward automobile allowance. Employee agrees to responsibility for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and replacement of an automobile. The Sixth Amendment is effective July 1, 1997. City and Employee have each retained an original copy. CITY OF DUBUQUE, fOWA / � 1 T rrance M.�uggan, M � ' / �r���(��iN /�v� % �'�?�/,L � � Michaei C. Van Miliigen, Errfployee ATTEST: � �� �,��� Ma�Davis, City Clerk � SEVENTH AMENDMENT TO � • CITY MANAGER EMPLO'YMENT AGREEMENT The City of Dubuque, Iowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties, as previously amended, as follows: Paraqraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof. 3 . City agrees to pay Employee for his services, effective July 1, 1998, a monthly salary of $7,468 .10 ($89, 617 .21 annualized) payable in installments at the same time as other City employees are paid. Paragraph 5 thereof is deleted, and the following new paragraph substituted in lieu thereof. 5 . City agrees to pay for Employee' s continued participation in the International City Management Association Retirement Corporation (CMA-RC) the amount o£ $8, 000 .00, on Employee's behalf on the first day of each calendar year, beginning in 1999, for the succeeding year, and to transfer ownership to succeeding employers upon Employee' s resignation or termination. Paragraph 7 thereof is deleted, and the following new paragraph suhstituted in lieu thereof. 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $404 .75 per month toward automobile allowance. Employee agrees to responsibility for liability, property damage and comprehensive insurance, and for the purchase, operation, maintenance, repair and replacement of an automobile. The Seventh Amendment is effective July 1, 1998 . City and Employee have each retained an original copy. CITY OF DUBUQUE, IOW ��///�<\��� Te rance M, uggan, r 1 j' � M ch el C. Van Milligen, Employee ATTEST: / � - �i�. �� Mazy,,� . Davis, City Clerk � ` EIGHTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City1 and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, Ci#y Manager Employment Agreement between the parties, as previousiy amended, as follows: Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 1999, a monthfy salary of 57,884.77 (594,617.21 annuafized) payable in inst�llments ' at the same time as other City empioyees are paid. Paragraph 5 ihereof is deleted, and the following new paragraph substituted in lieu thereof: � 5. The Employee will participate in the lowa Public Employee Re#irements System and the City agrees to gay for Employee`s continued participation in the Internationaf City Management Association Retirement Corporation (ICMA-RC), the amount of 58,000 on Employee's behalf on the first day of each calendar year, beginning in 2000, for the succeeding year, and to transfer ownership to succeeding employers upon Employee's resignation or termination. ParagrapN� 6 thereof is deleted, and the following new paragraph substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $416.67 per month toward automobi{e allowance. Employee agrees to responsibility for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, ` repair, and replacsment of an automobile. This Eighth Amendment is effective July 1, 1999, City and Empfoyee have each retained an original copy. ` City of Dubuque, lowa � Te rance M. Duggan, M r � ic ael C. Van Milligen, Emptoy ATTEST: !� � �� / . Mary ,�/Davis, City Cierk ' NINTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992, City Manager Employment Agreement between the parties, as previously amended, as follows: Paragraph 3 thereof is deleted, and the following new paragraph substituted in lieu thereofc 3. City agrees to pay Employee for his services, effective July 1, 2000, a unonthly salary of $8,333.33 (5100,000 annualized) payable in installments �t the same time as other City employees are paid. Paragraph 6 thereof is deleted, and the following new paragraph substituted in lieu thereof: 6. Lmployee's duties require that he have the use of an automobile. City agrees to pay Employee 5416.67 per month toward automobile allowance. Also, the City agrees to pay gas expenses for out-of-county travel. Employee agrees to responsibility for liability, property damage, and comprehensive insurance, and for the purchase, operation, maintenance, repair, and replacement of an automobile. This Eighth Amendment is effective July 1, 2000. City and Employee have each retained an original copy. City of Dubuque, lowa � � T rrance M. Dug an, M� r / O <7 Michael C. Van Milligen, Em ATTEST: ��,�������� �Jeanne F. Schneider, City Clerk � � ��.. c �7 � � � i� � , � f.� � "' -a � � � �m � �..'�7. �- 0 , '�'�. A ` , • ,. u TENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The Ci�ty of Dubuque, Iowa, a municipal corporation(City)and Michael C. Van Milligen (Emgloyee)hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Paz. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2001, a monthly salary of$8,966.67 ($107,600 annualized),payable in installments at the same time as other City employees aze paid. 2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu thereof: 5. Employee will parYicipate in the Iowa Public EmpIoyee Retirement System and City agrees to pay for Employee's continued participation in the Intemational City Management Association Retirement Corporation(ICMA-RC)the sum of $10,00fl on Employee's behalf on the first day of each calendar year,beginning January 1, 2002 for the succeeding yeaz and to transfer ownership to succeeding employers upon Employee's resignation or termination. 3. Par. 6 thereof is deleted and the following new pazagraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Empioyee $429.17 per month as an automobile allowance. Also, City agrees to pay gas expenses for out-of-county travel. Employee agrees to responsibility for liability,property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. 4. Paz. 13 thereof is deleted and the following new pazagraph is substituted in lieu thereof: 13. If Employee is terminated by the City when Employee is willing and able to perform the duties of City Manager, City shall pay Employee severance pay equal to six-months salary. However, if Employee is terminated for cause ar conviction of any felony crime ar one involving moral tucpitude, City shall not be obligated to pay Employee any severance pay. This Tenth Amendment is effecrive July 1, 2001. City and Employee have each retained an original hereo£ _ _ _ ___ _ __ _. . ° � ; , , _ . City of Dubuque,Iow � , By � ' � � N'G� , �(l� Te ce M. Duggan, M z ichael C. Van Milligen, Employ e j ' Atte�. -,��ivo,����/����✓ C/ 'anne F. Schneider, City Clerk ELEVENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, Iowa, a municipal corporation(City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previousiy amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2002, a monthly salar�of$ 9,600.00 ($ 115, 200.00 annualized),payable in installments at the same time as other City employees are paid. 2. Pa�r. 5 thereof is deleted and the following new paragraph substituted in lieu thereo£ 5. Employee will participate in the Iowa Public Employee Retirement System and City agrees to pay for Employee's continued participation in the International City 1�Ianagement Association Refirement Corporation (ICMA-RC)the sum of $ 12,000.00 on Employee's behalf on the first day of each calendar year, beginning January 1, 2003 for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $442.04 per month as an automobile allowance. Also, City agrees ; to pay gas expenses for out-of-county travel. Employee agrees to responsibility ', for liability,property damage and comprehensive insurance and for the purchase, ; operation, maintenance, repair and replacement of an automobile. This Eleventh Amendment is effective July 1, 2002. City and Employee have ', each retained an original hereof. City of Dubuque, Io BY �i--- 'l� � / ` Te ance M. Duggan, M Michael C. Van Milligen, ployee Attes . '� �i E �� eanne F. Schneider, City Clerk TWELFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2003, a monthly salary of$ 10,061.76 ($ 120,741.12 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu thereof: 5. Employee will participate in the lowa Public Employee Retirement System and City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) the sum of$ 12,577.20 on Employee's behalf on the first day of each calendar year, beginning January 1, 2004 for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 463.30 per month as an automobile allowance. Also, City agrees to pay gas expenses for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. This Twelfth Amendment is effective July 1, 2003. City and Employee have each retained an original hereof. City of Dubuque, lo � � By �.� L, �, ;�2 Terr nce M. Duggan, or Michael C. Van Milligen, Employee ^ j'�j .. Atte Jeanne F. Schneider, City Clerk 4 ' THIRTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT , The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2004, a monthly salary of$11,105.18 ($133,262.16 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) the sum of$14,000 on Employee's behalf on the first day of each calendar year, beginning January 1, 2005 for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first five years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and medicare will equal 61% of the annuat payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $479.38 per month as an automobile allowance. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. . 4. Par. 8 thereof is deleted and the following new paragraph is substituted in lieu thereof: 8. City agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and other functions including but not limited to the annual meeting of the International City Management Association, the League of lowa Municipalities, the Nationat League of Cities, the lowa City Management Association, and their committees on which Employee serves as a member, and the annual Harvard JFK School of Govemment alumni refresher course. This Thirteenth Amendment is effective July 1, 2004. City and Employee have each retained an original hereof. City of Dubuque, lowa � , gy ��� �, �,� �-� ,�� Terrance M. Duggan, Mayo Michael C. Van Milligen, Employee �l- . Attest., ',�:'�� . ..-��_ ��z�� � Jeanne F. Schneider, Cit�r - . � �Y � FOURTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, Iowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2005, a monthly salary of $ 12,153.26 ($ 145,839.16 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA- RC) the sum equal to ten (10) per cent of the annual salary in Par. 3 on Employee's behalf on the first day of each calendar year, beginning January 1, 2006 for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first five years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: >- . , �. 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 505.27 per month as an automobile allowance. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, � maintenance, repair and replacement of an automobile. 4. Par. 8 thereof is deleted and the following new paragraph is substituted in lieu thereof: 8. City agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and other functions including but not limited to the annual meeting of the International City Management Association, the League of lowa Municipalities, the National League of Cities, the lowa City Management Association, and their committees on which Employee serves as a member, the annual Harvard JFK School of Government alumni refresher course and the annual refresher course at the Kellog School of Management at Northwestern University. City will support Employee's application for a three-year leadership role with the International City/County Management Association. 5. Par. 21 is amended by adding thereto the following: Employee shall be entitled to four (4) weeks of vacation time per year beginning July 1, 2005. This Fourteenth Amendment is effective July 1, 2005. City and Employee have each retained an original hereof. City of Dubuque, lowa By � Te rance M. Duggan or Michael C. Van Milligen, Employee � Attest� ,�'l/� eanne F. Schneider, City Clerk - � . � . FIFTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipai corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previousiy amended, as f�oilows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. Ciiy agrees to pay Employee for his services, effective July 1, 20U6, a monthly salary of$ 14,126.75 ($ 169,521.00 annualized), payabte in installments at the same time as other Cifiy employees are paid. 2. Par. 6 thereof is deteted and the following new paragraph is substituted in tieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 522.95 per month as an automobile aflowance. Also, City agrees to pay mileage for out-of-county#ravel. Employee agrees ta responsibility for liabiliiy, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. 3. Par. 8 thereof is deleted and the fotlowing new paragraph is substituted in lieu thereof: 8. City agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and o#her functions including but not limited to the annual meeting of the International City Management Association, the League of lowa Municipalities, the National League of Cities, the lowa City Management Association, and their committees on which Employee serves as a member, the annual Harvard JFK School of Government alumni r�efresher course and the annua! reftesher course at the KeNog Institute at Northwestem University. City supports and approves the Ci4y Manager's service as vice president of the International City/County Management Association as a work related activity. If Employee terminates his employment with City, Employee shalt reimburse City for major professiona{ development courses which Employee attended during the '12-month period immediately preceding the termination, �uch as the Harvard JFK School of Govemment course or the Kellog Institute at Northwestem University, but not including such functions as the annua! meeting of the Intemational Ciiy Management Association, the League of . � ' . �. lowa Municipalities, the National League of Cities, or the lowa City Management Association. 4. Par. 21 is amended by adding thereto the following: 21.Employee shall be entitted to five (5) weeks of vacation time per year beginning July 1, 2006. This Fifteenth Amendment is effective July 1, 2006. City and Emptoyee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLQYEE � � g � � Y Ray D. ol, Mayor Mic ael C. Van MiNigen Attes . � / anne F. Schneider, City Glerk F:IUSERSItsteckle�L.indahllAgreementslCityAAanagerEmployment�reemerrtCl�an 15thM�endment2�062806.doc Last savdd by Tracey Stedclein;6/28/2006 8:11 AM SIXTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee} hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 5 thereof is deleted and the following new paragraph substituted in lieu thereof: 5. Employee wifl continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) the sum of $14,000 on Employee's behalf on the first day of each calendar year, beginning January 1, 2005 for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, iPERS, social security, and medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. This Sixteenth Amendment is effective July 1, 2004. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE � � '� 1/ ,` L,I !j'- , B �� ,�.�! ` �,yj,1� Y Roy uol, Mayor Michael C. Van Milligen i � � ��? ; ,,--'- / � , Attes �r�;�%%�!.-� , -j'�-��,�i_��� l,/ ��eanne F. Schneider, City Cle k s' - . SEVENTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as fotlows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2007, a monthly salary of $ 14,550.55 ($ 174,606.63 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to ten (10) per cent of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 538.64 per month as an automobile allowance. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. r / 4. Par. 21 is amended by adding thereto the following: 21.Employee shall be entitled to six (6) weeks of vacation time per year beginning July 1, 2007. 5. Par. 22 is amended to read as follows: 22.A11 City holidays and other fringe benefits, including longevity (which shall be included in Employee's annual salary for purposes of Par. 5), medical, dental, life, disability, sick leave benefits, and working conditions which now exist, or hereafter come into existence and which are accorded City department managers, shall also apply to Employee. Such benefits are in addition to the provisions of this Contract. This Seventeenth Amendment is effective July 1, 2007. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE � B �� � .�.�.� /1 y " � ��: ��7 l�, Roy D. ,,� ol, Mayor M�chael C. Van Milligen ✓ � _ /��' Attest: /���'2�/ �/.�i,�ce,��i�� � eanne F. Schneider, City Clerk F:IUSERS\tstecklelLindahlWgreements\CityManagerEmploymentAgreement 17thAmendment2007 073107.doc Last saved by Tracey Stecklein;7/31/2007 4:35 PM — EIGHTEENTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2008, a monthly salary of $ $15,468.62 ($185,623.45 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to eleven (11) per cent of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 556.68 per month as an automobile allowance. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. This Eighteenth Amendment is effective July 1, 2008. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE � � �°���� ; : �% ,� By �;�� �<� Roy D.>�Buol, Mayor Mi hael C. Van Milligen � � "`���� Attest: �,i'�' ��� .�--���;����,,��'�,� � eanne F. Schneider, City Clerk , NINE`T ENTFi AMENDMENT' TO CITY MANAGER Ei�PL01(i� NT �►GR EMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2009, a monthly salary of $16,010.02 ($192,120.27 annualized), payable in installments at the same time as other City employees are paid. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to twelve (12) per cent of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retiremenf System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee'� borrowing i� fully repaid or €mployee t2fl1lfilat�� his ' employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and ; Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be ' borrowed and City's 61% contribution will be recalculated annually ' at the time Employee borrows such funds. ' 3. Par. 6 thereof is deleted and the foilowing new paragraph is �ubstituted in lieu thereo�: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $ 576.16 per month as an automobile allowance. Aiso, �ity agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. This fVineteenth Amendment is effective July 1, 2009. City and Employee have each retained an original hereof. CITY OF Dll llQl1E, IOW�4 ENIPLOY E f/s �� `` / { � s , �� /; By %i�f � �`� ���.f f' Roy D. 'uol, Mayor Mic ael C. Van Milligen ,r �� ,E 3 � ,,,..�'' ; { 1 �.-a*`"_�,"�A /r A��GJ l. /�j�°'r�r�'� ��`���,�'�� �/'.., �..���,✓ anne F. Schneider, City Clerk F:\USERS\tsteckle\Lindahl�,4greements\City Manager\CityManagerEmploymentAgreement_19thAmendment2009.doc TWENTIETH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2010, an annual salary of$198,844.48, payable bi-weekly. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will co�tinue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to thirteen per . cent (13%) of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa . Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,155.96 per year as an automobile allowance, payable bi-weekly. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. i I This Twentieth Amendment is effective July 1, 2010. City and Employee have � each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE By �, L� J-c �l Roy D. B ol, Mayor � Michael C. Van Milligen Attest: ����'���� �,�.�_ �c� eanne F. Schneider, City Clerk I � �I I ; � TWENTY-FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2012, an annual salary of$203,815.59, payable bi-weekly. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to fourteen per cent (14°/o) of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,334.85 per year as an automobile allowance, payable bi-weekly. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. 4. Par. 8 thereof is deleted and the following new paragraph is substituted in lieu thereof: 8. City agrees to budget and pay the travel and subsistence expenses of Employee for professional and official travel, meetings and other functions including but not limited to the annual meeting of the � International City Management Association, the League of lowa Municipalities, the National League of Cities, the lowa City Management Association, and their committees on which Employee serves as a member, the annual Harvard JFK School of Government alumni refresher course and the annual refresher course at the Kellogg Institute at Northwestern University, the ASPA Public Administration Review Editorial Board and the ICMA Financing the Organization Task Force. If Employee terminates his employment with City, Employee shall reimburse City for major professional development courses which Employee attended during the 12-month period immediately preceding the termination, such as the Harvard JFK School of Government course or the Kellogg Institute at Northwestern University, but not including such functions as the annual meeting of the International City Management Association, the League of lowa Municipalities, the National League of Cities, or the lowa City Management Association. 5. Par. 22 is amended to read as follows: 22.A11 City holidays and other fringe benefits, including longevity (which shall be included in Employee's annual salary for purposes of Par. 5), medical, dental, life, disability, sick leave benefits including the sick leave buyback on retirement, and working conditions which now exist, or hereafter come into existence and which are accorded City department managers, shall also apply to Employee. Such benefits are in addition to the provisions of this Contract. This Twenty-first Amendment is effective July 1, 2012. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE �By � Roy D. ol, Mayor Michael C. Van Milligen � Attest: d Kev' S. Firnstahl TWENTY-SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2013, an annual salary of$208,910.98, payable bi-weekly. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue to participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to fifteen per I cent (15%) of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,518.22 per year as an automobile allowance, payable bi-weekly. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. This Twenty-second Amendment is effective July 1, 2013. City and Employee have each retained an original hereof. CITY OF DU UQUE, IOWA EMPLOYEE By D Roy D: ol, Mayor Michael C. Van Milligen Attest�\�1Z���/�'��J�C!�0�'�' Trish L. Gleason, Assistant City Clerk F:\USERS\tsteckle\LindahllAgreements\City Manager\CityManagerEmploymentAgreement_22ndAmendment2013c1ean.doc f1 TWENTY-THIRD AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2014, an annual salary of$212,044.64, payable bi-weekly. 2. Par. 5 thereof is deleted and the following new paragraph is substituted in lieu thereof: 5. Employee will continue #o participate in the lowa Public Employee Retirement System. City agrees to pay for Employee's continued participation in the International City Management Association Retirement Corporation (ICMA-RC) an amount equal to sixteen percent (16%) of the annual salary in Par. 3, including longevity, on Employee's behalf on the first payroll of each calendar year for the succeeding year and to transfer ownership to succeeding employers upon Employee's resignation or termination. Employee intends to purchase past retirement credits from the lowa Public Employment Retirement System for Employee's first six years of employment. In order to do so, Employee will borrow the funds required for the purchase. City agrees to pay Employee until Employee's borrowing is fully repaid or Employee terminates his employment with City whichever first occurs an amount which after Employee's deductions for taxes, IPERS, social security, and Medicare will equal 61% of the annual payment required for the borrowing by Employee. The amount of funds required to be borrowed and City's 61% contribution will be recalculated annually at the time Employee borrows such funds. 3. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,630.99 per year as an automobile allowance, payable bi-weekly. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. 062314ba1 . Y This Twenty-third Amendment is effective July 1, 2014. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE By � Roy D. ol, Mayor Mic ael C. Van Milligen Attest: Keu'n . Firnsta I, City erk F:\USERS\tsteckle\Lindahl�Agreements\City Manager\CityManagerEmploymentAgreement_23rdAmendment2014c1ean.doc . 2 TWENTY-FOURTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2016, � an annual salary of$217,345.76, payable bi-weekly. 2. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,821.76 per year as an automobile � allowance, payable bi-weekly. Also, City agrees to pay mileage for � out-of-county travel. Employee agrees to responsibility for liability, � property damage and comprehensive insurance and for the � purchase, operation, maintenance, repair and replacement of an � automobileo y � This Twenty-fourth Amendment is effective July 1, 2016. City and Employee � have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE � � By � � Roy D. Buo� ayor Michael C. Van Milligen � f _... _ Attest: �� �' Ke�i . Firnstahl,�at�y�Clerk F:\USERS\tsteckle\Lindahl�Agreements\City Manager\CityManagerEmploymentAgreement_24thAmendment_072716.doc 072716ba1 � TWENTY-FIFTH AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT The City of Dubuque, lowa, a municipal corporation (City) and Michael C. Van Milligen (Employee) hereby amend the December 7, 1992 City Manager Employment Agreement, as previously amended, as follows: 1. Par. 3 thereof is deleted and the following new paragraph is substituted in lieu thereof: 3. City agrees to pay Employee for his services, effective July 1, 2017, an annual salary of$221,692.68, payable bi-weekly. 2. Par. 6 thereof is deleted and the following new paragraph is substituted in lieu thereof: 6. Employee's duties require that he have the use of an automobile. City agrees to pay Employee $7,978.20 per year as an automobile allowance, payable bi-weekly. Also, City agrees to pay mileage for out-of-county travel. Employee agrees to responsibility for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, repair and replacement of an automobile. This Twenty-fifth Amendment is effective July 1, 2017. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE � � By � Roy�D. ol, Mayor Michael C. Van Milligen � � � � Attest: Kev n S. Firnstahl, C�ty Clerk F:1UsersltstecklelLindahlWgreementslCity ManagerlCityManagerEmploymentAgreement_25thAmendment_081517.docx 081517cmb