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City Manager Employment Agreement 21st AmendmentTWENTY -FIRST 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, 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 Iowa 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 %) 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 Iowa 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 Iowa Municipalities, the National League of Cities, the Iowa 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 Iowa Municipalities, the National League of Cities, or the Iowa City Management Association. 5. Par. 22 is amended to read as follows: 22.AII 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 Michael C. Van Milligen Attest: TWENTY -FIRST TWENTIETH 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, 20124 -9, an annual salary of $203,815.59198,8'44v, 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 Iowa 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 thirteen-per cent (1 -314 %) 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 Iowa 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 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 Iowa Municipalities, the National League of Cities, the Iowa 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. the City Manager's service as vice president of the International 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 Iowa Municipalities, the National League of Cities, or the Iowa City Management Association. 5. Par. 22 is amended to read as follows: 22.AII 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 Twentieth Amendment is effective July 1, 2012. City and Employee have each retained an original hereof. CITY OF DUBUQUE, IOWA EMPLOYEE By Roy D. Buol, Mayor Michael C. Van Milligen Attest: Kevin S. Firnstahl Jeanne F. Schneider, City Clerk