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HomeMy WebLinkAboutWaterloo Public Library-Education Sharing Agreement-09.14.2009 AGREEMENT FOR SHARING OF EDUCATION/THIRD-AGE COORDINATOR SERVICES THIS AGREEMENT is entered into between the Board of Trustees of the Waterloo Public Library(hereinafter the "Waterloo Board"), the Board of Trustees of the Cedar Falls Public Library (hereinafter the "Cedar Falls Board") and Mary Kabel (hereinafter "Kabel"), effective as of June 28, 2009. RECITALS WHEREAS, Kabel was hired by Cedar Falls as the part-time Education/Third- Age Coordinator for Cedar Falls; and WHEREAS, the Waterloo Board and the Cedar Falls Board have previously entered into a series of agreements for sharing of library services covering a period which began August 5, 1996; and WHEREAS, the Waterloo Board and the Cedar Falls Board desire to jointly utilize the services of Kabel as Education/Third-Age Coordinator of their respective libraries and upon certain terms and conditions; and WHEREAS, Kabel has agreed to serve as Education/Third-Age Coordinator of both libraries, also upon certain terms and conditions; and WHEREAS, the parties have reached agreement on the terms and conditions under which the sharing of Education/Third-Age Coordinator services will continue, and they now desire to reduce their agreement to writing. 1. Joint Education/Third-Age Coordinator. The Cedar Falls Board hereby agrees to provide Education/Third-Age Coordinator services to the Waterloo Public Library by } and through the services of Kabel. The Waterloo Board hereby agrees to accept such services, and agrees to accept Kabel as Education/Third-Age Coordinator of the Waterloo Public Library. Kabel agrees to accept the position of Education/Third-Age Coordinator of the Cedar Falls Public Library, and agrees to serve as Education/Third-Age Coordinator of the Waterloo Public Library, during the term of this Agreement. The Cedar Falls Board and the Waterloo Board understand and agree that Kabel shall serve as Education/Third-Age Coordinator of both the Cedar Falls Public Library and the Waterloo Public Library during the term of this Agreement. 2. Employment. The parties understand and agree that Kabel is, and shall at all times remain, an employee of the Cedar Falls Public Library and of the City of Cedar Falls. Kabel is not and shall not be considered an employee of the Waterloo Public Library or of the City of Waterloo at any time during the term of this Agreement. 3. Duties. A. Current Job Classification. The parties hereby acknowledge that Exhibit "A" attached hereto, and by this reference made a part of this Agreement, is the current Job Classification for Education/Third-Age Coordinator for the Cedar Falls Public Library. Kabel hereby agrees to perform to the best of her ability the duties of Education/Third-Age Coordinator for both the Cedar Falls Public Library and the Waterloo Public Library, as those duties are described on Exhibit "A," on condition, however,that it is understood that such duties are to be provided on a joint or shared basis to both the Cedar Falls Public Library and the Waterloo Public Library. The Cedar Falls Board and the Waterloo Board hereby agree to accept the performance by Kabel of the duties of Education/Third-Age Coordinator of their respective libraries, as those duties are described on Exhibit "A," upon a joint or shared basis. B. Revised or New Job Classification. If the Job Classification of Education/Third-Age Coordinator for Cedar Falls is revised by the Waterloo or Cedar Falls 2 Board or by the City of Waterloo or City of Cedar Falls in any material respect, or if the current job description of Education/Third-Age Coordinator for Cedar Falls is replaced by the Waterloo or Cedar Falls Board or by the City of Waterloo or City of Cedar Falls with a new Job Classification which is different in any material respect from the current Job Classification for Education/Third-Age Coordinator,then such revised or new Job Classification, as the case may be, shall automatically become applicable to this Agreement on the first day of the next term of this Agreement which commences after the revised or new Job Classification is approved by the Waterloo or Cedar Falls Board or by the City of Waterloo or City of Cedar Falls, provided, however, that notice of such revised or new Job Classification, along with a copy thereof, is given to the Waterloo or Cedar Falls Board, as applicable, in the manner provided in paragraph 17 for giving notices, by no later than the first day of April preceding the expiration of the then- current term of this Agreement. 4. Term. The term of this Agreement shall commence at 12:01 a.m. on June 28, 2009, and shall terminate at 11:59 p.m. on Saturday, June 26, 2010, unless automatically renewed or extended as provided for in paragraph 5 of this Agreement. 5. Renewal; Termination; Extension. This Agreement shall automatically renew for successive one (1)year terms (without limitation on the number of such renewal terms), unless either the Waterloo Board or the Cedar Falls Board gives notice to the other party no later than the first day of April prior to the expiration of the then-current term of this Agreement. If such notice is given within the time limits described in this paragraph, and in the manner described in paragraph 17 for the giving of notices, then this Agreement shall terminate at 11:59 p.m. on the last day of the then-current term of this Agreement. Kabel shall thereupon 3 automatically revert to her position as Education/Third-Age Coordinator for Cedar Falls, without any formal action by any party. Her compensation as Education/Third-Age Coordinator for Cedar Falls at that time shall be determined by the Cedar Falls Board. Nothing contained in paragraphs 4 and 5 of this Agreement shall prevent the parties from entering into another agreement on either the same or other terms, at any time, provided that such other or different agreement shall have been approved by both the Cedar Falls Board and the Waterloo Board, and by Kabel. The parties may enter into a written extension of this Agreement by executing an Extension Agreement of a form and content substantially as set forth on Exhibit"C" attached hereto. 6. Review and Evaluation. The Library Director shall review and evaluate the performance of Kabel and the concept of a shared Education/Third-Age Coordinator during the term of this Agreement, during any renewal term of this Agreement and during the term of any Extension Agreement, using whatever criteria, goals or objectives are deemed appropriate by each respective board. 7. Wage. Kabel shall be paid an hourly wage of$16.808 during the term of this Agreement. Wage increases may be implemented during the term of this Agreement, but only after such wage increases have first been approved by both the Cedar Falls Board and the Waterloo Board. 8. Benefits. A. Description of benefits. During the term of this Agreement, Kabel shall receive those fringe benefits to which she is entitled as Cedar Falls Education/Third-Age Coordinator, under the Cedar Falls Board. A description of these benefits, and the costs 4 associated therewith, is set forth on Exhibit "B" attached hereto, and by this reference incorporated into this Agreement. Any revision of the benefits set forth on Exhibit "B" shall not become effective unless and until approved by both the Cedar Falls Board and the Waterloo Board. B. Severance benefits. Under the Cedar Falls Board, Kabel shall be entitled to severance benefits in the event of termination of her employment with Cedar Falls during the term of this Agreement, during any renewal term of this Agreement, or during the term of any extension agreement, if she has earned, unused vacation and unearned, accrued vacation from her last anniversary date through her termination date. In accordance with Library policy, Kabel will also be entitled to receive unused floating holidays pro-rated from the beginning of the fiscal year through her termination date. 9. Payment Responsibility. The Waterloo Board shall be responsible for sixty percent (60%) of Kabel's wages and benefits, and the Cedar Falls Board shall be responsible for forty percent(40%) of Kabel's wages and benefits. The Cedar Falls Board shall pay Kabel the wages and benefits to which she is entitled under this Agreement. The Waterloo Board shall reimburse the Cedar Falls Board for sixty percent(60%) of such costs on a monthly basis. The Cedar Falls Board shall provide the Waterloo Board with a detailed written accounting of the wages and benefits costs on a monthly basis. 10. Other Expenses. The following expenditures incurred by or on behalf of Kabel shall be treated in the following manner: A. Travel within metropolitan area. The Cedar Falls Board and the Waterloo Board shall retain their own respective policies,procedures and practices with respect to the 5 Education/Third-Age Coordinator's travel within the Waterloo-Cedar Falls metropolitan area. The Waterloo Board and the Cedar Falls Board shall not seek reimbursement from each other for any expenses incurred with respect to such travel. B. Seminars and conventions. For expenses relating to attendance by Kabel at meetings, seminars or conferences outside of the Waterloo-Cedar Falls metropolitan area, including mileage, Kabel shall be reimbursed by the Cedar Falls Board for all approved expenditures. The Waterloo Board shall pay the Cedar Falls Board fifty percent(50%) of such expenditures, upon receipt of adequate documentation thereof, provided, however, that in the event Kabel's supervisor reasonably believes that expenditures for a particular meeting, seminar or conference should not be shared equally by the Cedar Falls Board and the Waterloo Board, Kabel's supervisor may propose a different method of sharing of payment of such expenditures as between the Cedar Falls Board and the Waterloo Board. The supervisor's proposal shall control as long as the same is approved by both the Cedar Falls Board and the Waterloo Board. It is understood that any such expenditures, which are to be paid by either the Waterloo Board or the Cedar Falls Board, or both, must be approved in advance by the Board or Boards from which payment is requested. C. Workers' compensation. To the extent the Cedar Falls Board and/or the City of Cedar Falls incurs any expenses for any claim by Kabel under workers' compensation laws, which are not covered by insurance carried by the City of Cedar Falls,the Waterloo Board shall reimburse the Cedar Falls Board and/or the City of Cedar Falls, as appropriate, for sixty percent(60%) of the amount of such uninsured expenses. D. General liability claims. In the event the Cedar Falls Board and/or the City 6 of Cedar Falls incurs any expenses for claims for damages for general liability(that is, claims which are of the type for which there is coverage under the automobile and commercial general liability insurance policy of the City of Cedar Falls), arising out of acts or omissions of Kabel in the performance of her duties during the term of this Agreement, which are not covered by insurance carried by the City of Cedar Falls, the Waterloo Board shall reimburse the Cedar Falls Board and/or the City of Cedar Falls, as appropriate, for sixty percent(60%) of the amount of such non-covered expenses. 11. Other Claims. In the event the Cedar Falls Board and/or the City of Cedar Falls, or the Waterloo Board and/or the City of Waterloo, is or are named as a party or parties to any legal action or administrative proceeding based upon any other claim not otherwise described in this Agreement, arising out of acts or omissions of Kabel in the performance of her duties during the term of this Agreement, the Cedar Falls Board and the Waterloo Board agree to have their respective personnel and legal representatives meet to determine how to respond to any such legal action or administrative proceeding. The Cedar Falls Board and the Waterloo Board shall each remain responsible for its own respective liabilities with respect to any such claims, as well as any costs or expenses arising there from. 12. No Consolidation or Merger. This Agreement is intended to provide for the shared services of Education/Third-Age Coordinator only. The parties specifically understand and agree that this Agreement is not intended to, and shall not, cause or result in a consolidation or merger of the Cedar Falls Public Library and the Waterloo Public Library. To the extent that there is any sharing or combining of services, materials, equipment, systems or personnel during the term of this Agreement, the parties agree that all of such sharing or 7 combining shall be accomplished in such a way that if this Agreement is not renewed at any time in the future, each respective library shall be able to revert to a separate, independent and autonomous library within a reasonable period of time following termination of this Agreement, and without any significant disruption or dislocation of services to their respective patrons. 13. Employees. The parties understand and agree that the employees of each respective library, whether they are currently employed or whether they are hired during the term of this Agreement or during any renewal term, shall be and shall remain employees of the library which hires them. Upon the termination of this Agreement, all such employees shall nevertheless be considered employees only of the library that hired them, even if any of such employees were performing duties or services for the benefit of both libraries. Each library shall be solely responsible for any claims of any nature made by its employees both during the term of this Agreement, and following the termination of this Agreement. 14. Entire Agreement. This Agreement represents the entire agreement between the parties hereto. There are no promises, understandings or other agreements between the parties relating to the subject matter of this Agreement except as are expressly stated in this Agreement. 15. Amendment or Modification. This Agreement shall not be modified or amended in any manner without the express written consent of all of the parties to this Agreement. 16. Severability. If any term or condition of this Agreement is held unconstitutional, invalid or unenforceable under any rule of law, the remainder of the terms and 8 conditions of this Agreement shall be deemed severable and shall not be affected thereby, but shall remain in full force and effect. 17. Notices. Any notices given under the terms and conditions of this Agreement shall be in writing, and shall be sent by ordinary mail to the following persons at the following addresses: A. To Waterloo: (1) President, Waterloo Public Library Board of Trustees Waterloo Public Library 415 Commercial Street Waterloo, IA 50701 (2) Mr. Robert Stringer Human Resources Director City of Waterloo City Hall 620 Mulberry Street Waterloo, IA 50703 B. To Cedar Falls: (1) President, Cedar Falls Public Library Board of Trustees Cedar Falls Public Library 524 Main Street Cedar Falls, IA 50613 (2) Library Director, Cedar Falls Public Library Cedar Falls Public Library 524 Main Street Cedar Falls, IA 50613 (3) Ms. Brenda Balvanz Personnel Specialist City of Cedar Falls City Hall } 220 Clay Street Cedar Falls, IA 50613 9 C. Mary Kabel: Ms. Mary Kabel 2406 Sunset Blvd. Cedar Falls, IA 50613 Any party may provide a different or other mailing address to which notices under this Agreement shall be sent, by giving written notice to the other parties of the new address or addresses to which notices shall be sent. 18. Approval Required. This Agreement shall not become effective until it shall have been approved by both the Waterloo Board and the Cedar Falls Board at a duly called and constituted meeting of each of such boards, and by Kabel, and signed by all parties. The signatures of the President and Secretary of the respective boards on this Agreement shall constitute a certification of compliance with the provisions of this paragraph by the respective boards. 10 • • Board of Trustees of the Attest: Cedar Falls Public Library Ua)kit.. By It*(name) (name) Secretary President Date 9./4•09 Board of Trustees of the Attest: Waterloo Public Library AL Jr) Li j By (1(tr77'94 (name) (name) Secretary Presid t Date `iiutit1K ,14 Mary Kabel Date 10) aj / 11 EXHIBIT "A" CITY OF CEDAR FALLS Job Classification Job Title: Education Coordinator Job Code: 812 Department: Human and Leisure Services Pay Band: 136 FLSA Status: Non-Exempt Prepared: February, 1999 Amended/Adopted: May 24, 1999, August 25, 2003, February 2008 Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job. SUMMARY Plan, develop and coordinate materials, collections and collection materials, services, programs, and events; implement social programming goals and objectives; train and supervise volunteers and other personnel within the related and applicable programs; and perform a variety of administrative and professional tasks in support of assigned area of responsibility. DUTIES and RESPONSIBILITIES--Essential and other important responsibilities and duties may include, but are not limited to, the following: Essential Functions: 1. Coordinate, supervise, and manage the school tour program or the Public Library's Third Age Program, as applicable. 2. May develop, plan, and supervise various activities and processes including classes, workshops, lectures, events for the community, and newsletter publication. 3. May train and supervise volunteers, including book discussion group leaders, tour guides, volunteers at public festivals and events, and interns. May also train and supervise volunteers at programming in area schools, long-term care facilities, and other library and community events. 4. May assist in hiring, assigning and directing work, controlling the quality of work, evaluating performance and recommending disciplinary action for specified personnel. 5. Manage and present exhibits, collections, or other facility sponsored programs. 6. Collaborate on special programs, projects, and events with area facilities. 12 7. As applicable, develop and maintain young adult or Third Age collection materials; review, evaluate, add, weed, and withdraw collection materials. 8. As applicable, respond to and resolve sensitive citizen inquiries and complaints. Marginal Functions: 1. Maintain awareness of new developments in specified area; incorporate new developments as appropriate into programs. 2. Provide general support and assistance to assigned supervisor including writing and managing grants. 3. Assist other areas of the facility and perform related duties and responsibilities as required. QUALIFICATIONS Knowledge of: • Operations, services, programming, and activities of the facility and targeted audiences. • If applicable, knowledge of young adult or adult materials and review sources. • As applicable, social and emotional development of children, young adults, or adults. • Modern office procedures, methods and computer equipment. • Pertinent Federal, State and local laws, codes and regulations. Ability to: • Operate and use modern office equipment including computer and software packages. • Perform clerical work including maintenance of appropriate records and compiling information for reports. • May operate and use specialized tools, video and camera equipment, and projectors. • Communicate clearly and concisely, both orally and in writing. Experience and Training Guidelines: Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Education and/or Experience: High school diploma or GED equivalent. Bachelor's degree in art education, library sciences, or social science field focusing on gerontology preferred. Two years of related work experience. License or Certification: Possession of, dr ability to obtain, an appropriate, valid driver's license preferred or if deemed necessary. 13 SUPERVISION RECEIVED AND EXERCISED Receives general supervision from Cultural Division Manager, Youth Services Librarian, or Public Services Librarian, as applicable. May exercise supervision over various volunteers, part-time and seasonal personnel, as applicable. WORKING CONDITIONS Environmental Conditions: Indoor environment; working closely with others, including the elderly and employees of the facilities that care for them, as applicable. Physical Conditions: Essential and marginal functions may require maintaining physical condition necessary for sitting, standing, or walking for extended periods of time; adequate speech, hearing, and eyesight. May require lifting light to moderately heavy objects. 14 EXHIBIT "B" EDUCATION/THIRD-AGE COORDINATOR BENEFITS—FY10 1. IPERS 6.65% of Wages (Each year's contributions are subject to State legislative amendment). 2. FICA Social Security taxed at 6.2% of Wages Medicare taxed at 1.45% of wages (Each taxed contribution is subject to Federal legislative amendment). 3. Workers' Compensation Premium .00210 multiplied by the hourly rate ($16.808) multiplied by annual number of hours (1,040) and divided by 12 months or$3.06 monthly. Subject to annual adjustment by carrier. 4. Vacation Pro-rated vacation effective during FY10. 5. Holidays Pro-rated holidays effective during FY10 as follows: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. Additionally, this part-time employee is eligible for six (6) pro-rated "floating holidays" that may be taken at the employee's discretion, subject to the approval of the employee's respective supervisor. 6. Sick Leave Pro-rated sick leave effective during FY10. 15 EXHIBIT "C" EXTENSION AGREEMENT FOR SHARING OF EDUCATION/THIRD-AGE COORDINATOR SERVICES THIS EXTENSION AGREEMENT is entered into by and between the Board of Trustees of the Waterloo Public Library (hereinafter the "Waterloo Board"), the Board of Trustees of the Cedar Falls Public Library (hereinafter the "Cedar Falls Board") and Kabel (hereinafter"Kabel"), effective as of June 27, 2010. Pursuant to the provisions of paragraph 5 of the Agreement for Sharing of Education/Third-Age Coordinator effective as of June 27, 2009, by and between the above parties, the parties hereby enter into the following Extension Agreement on the same terms and conditions as provided in the Agreement for Sharing of Education/Third-Age Coordinator effective as of June 27, 2010, with the following changes: 4. Term. The term of this Extension Agreement shall commence at 12:01 a.m. on Sunday, June 27, 2010, and shall terminate at 11:59 p.m. on Saturday, June 25, 2011, unless automatically renewed or unless extended as provided for in paragraph 5 of the Agreement for Sharing of Education/Third-Age Coordinator effective as of June 28, 2009. 7. Wages. Kabel shall be paid an hourly wage of$ during the term of this Extension Agreement. Wage increases may be implemented during the term of this Extension Agreement, but only after such wage increases have first been approved by both the Cedar Falls Board and the Waterloo Board. 8A. Description of Benefits. The parties hereto substitute the Exhibit`B," Education/Third-Age Coordinator Benefits, which is attached to this Extension Agreement for the Exhibit"B" attached to the Agreement for Sharing of Education/Third-Age Coordinator Services effective as of June 27, 2010. 18. Approval Required. This Extension Agreement shall not become effective until it shall have been approved by both the Waterloo Board and the Cedar Falls Board at a duly-called and constituted meeting of each of such boards, by Kabel, and signed by all parties. The signatures of the President and Secretary of the respective boards on this Extension Agreement shall constitute a certification of compliance with the provisions of this paragraph by the respective boards. In all other respects, the parties hereby ratify and confirm the terms and conditions of the Agreement for Sharing of Education/Third-Age Coordinator Services effective as of June 27, 2009. 16 Board of Trustees of the Attest: Cedar Falls Public Library By (name) (name) Secretary President z Date Board of Trustees of the Attest: Waterloo Public Library XiaL Vie By SL Sr'1i >HA_ (name)J j-ty (name) Secretary Presic Date / rif -di )14mitketi-tki Mary Kabel Date 9 2$/0 l 17 s T A 1 r •