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HomeMy WebLinkAboutEmployment Agreement - Degeratu, Robbin - Library Director (These do not need council approval)I - ..".:.A. rE F€ i EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT made and entered into this 18`h day of March, 2026 by and between the WATERLOO PUBLIC LIBRARY BOARD OF TRUSTEES, Iowa (thereinafter called "Employer"), and Robbin Degeratu (hereinafter called "Employee"), both who understand as follows: WHEREAS, Employer desires and needs the services of Employee to serve in the capacity of Library Director; and WHEREAS, Employer desires to retain the services of Employee as Library Director; and WHEREAS, it is the desire of the Waterloo Public Library Board of Trustees of the City of Waterloo, Iowa (hereinafter called "Board"), to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and WHEREAS, it is the desire of Employer (1) to retain the services of Employee and to provide inducement for her to continue to remain in such employment; (2) to establish the job duties and responsibilities of said Employee; and (3) to provide means for terminating Employee's services when Employer may desire to terminate her employ; and WHEREAS, Employee desires to be employed as Library Director. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A. Term of Agreement 1. Employee understands that she serves as Library Director at the pleasure of the Library Board of Directors. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Library Board of Directors to determine that the Employee shall no longer serve as Library Director, subject only to the provisions set forth in this Agreement. 2. The term of this Agreement shall be for an initial period of one (1) year, from March 18th, 2026 to March 18'h, 2027. 3. This Agreement shall automatically renew on its anniversary date after the one (1) year term has been reached and will be set on a year-to-year basis from that point forward. A thirty (30) day notice before the expiration date of the Agreement shall be given to terminate the Agreement. 4. In the event the Agreement is not renewed, all compensation, benefits, and requirements of the Agreement shall remain in effect until the expiration of the term of the Agreement unless Employee voluntarily resigns or is terminated for cause. I r Y •_s - '1`i ..T a RLc 5. Nothing shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from her position with the Employer, subject only to the provisions set forth in this Agreement. B. Compensation 1. Base Salary: Employer agrees to pay Employee an annual base salary of $135,740.80, payable in installments at the same time that the other management employees of the Employer are paid. The amount of said base salary shall be set by Board resolution, which resolution, when adopted, shall become part of this section of the Agreement. 2. This agreement shall be automatically amended to reflect any increases in salary adjustments provided or required by the Employer's compensation policies. 3. The Employer agrees to increase the compensation by value set forth with other non -bargaining employees. 4. Employer shall not, at any time during this Agreement, reduce the salary or other benefits of Employee, except to the degree that such reduction occurs across-the-board for all Employees of Employer. C. Resignation 1. In the event Employee voluntarily resigns her position with Employer during her employment, Employee shall give Employer sixty (60) days' written notice in advance unless the parties otherwise agree. 2. In the event Employee voluntarily resigns her position with Employer during employment and provides written notice, Employee shall receive payment for unused vacation, sick and casual time and other benefits usually paid other Employees at separation pursuant to Employer's policies and procedures, unless otherwise specified in this Agreement. 3. If Employee does not provide proper written notice and voluntarily resigns from this position with Employer during employment, Employee shall not be entitled to receive any severance benefits, except she shall receive payment of unused vacation, sick and casual time. r u- D. Termination 1. Employer may terminate this agreement at any time for cause. If Employee is terminated for cause, she shall receive no severance pay, except she shall receive payment for unused vacation, sick and casual time and other benefits usually paid other Employees at termination pursuant to the Employer's policies and procedures. a. For purposes of this Agreement, the Term "for cause" shall mean serious misconduct, including but not limited to conduct, whether personal or professional, that may bring public embarrassment or disgrace to the Employer, conviction of a major violation of law or regulations; documented unsatisfactory performance consistent with regulations set forth in the employee handbook. E. Severance 1. In the event Employer wishes to terminate employment without cause, it may do so by giving the Employee thirty (30) days' notice in writing. In such event, the Employee, if requested by the Employer, shall continue to render her services and shall be paid her regular compensation to the date of termination per the written notice. 2. Upon termination without cause the Employee shall be entitled to ninety (90) days of severance pay from the termination date and payment of unused vacation, sick and casual time and other benefits usually paid other Employees at termination pursuant to Employer's policies and procedures. a. All health insurance benefits the Employee is participating in at the time of separation shall also continue for ninety (90) days. 3. With respect to any severance payments made to the Employee as outlined in paragraph E 1 above, the Employer agrees to pay the Employee every two weeks equal to (90) days' aggregate salary minus any and all applicable taxes, plus continue paid health insurance payments for the same duration. F. Health & Dental, Disability, Pension and Life Insurance Benefits 1. Employer will provide for leaves of absence and other benefits, including health and dental insurance, life insurance, pension plan, and disability coverage, that are consistent with the Employer's policies and procedures for Executive Directors. G. Work Hours 1. This Agreement signifies that it is recognized that the Employee must devote a great deal of her time outside of normal office hours on business on behalf of the Employer. The r1`�Jix ` Agreement authorizes the Employee to establish an appropriate work schedule. H. Sick, Casual, Vacation, and Holidays 1. Sick Time: Sick time will be accrued during the Fiscal Year (7/1 to 6/30). Employee will earn eight (8) hours per month sick leave for a total of ninety-six (96) hours per year. 2. Casual Time: Employee will receive a prorated amount of eight (8) hours of casual time on the March 18, 2026 start date. Employee will receive thirty two (32) hours of casual time on July 1, 2026. Each year thereafter on July ls` employee will receive thirty two (32) hours of casual time to begin the next fiscal year. 3. Vacation Time: The Employee will receive eighty (80) hours of vacation at time of hire. On Employees vacation anniversaries year one (1) though year seven (7), Employee will receive one hundred sixty (160) hours of vacation. Employee vacation anniversaries at eight (8) plus years, Employee will receive two hundred (200) hours of vacation. Any unused hours from the previous year up to eighty (80) hours will be carried over to begin the next year. During the first year of employment if employment is terminated, any unused vacation time earned shall be paid in proportion to the fraction of the year in which the employee was actually employed. (Iowa Code 91A.4) After the first year of employment 4. Holidays: Eleven (11) paid holidays and a birthday are observed each calendar year under the current Employee Handbook. Employee shall not be required to work on those days which have been designated as holidays by the Library Board. Employee will receive eight (8) hours of paid time off for their birthday. Employee's birthday/holiday may be scheduled on the actual birthday, or on another mutually agreeable date after the birthday has occurred I. Retirement 1. Employee is required to participate in the Iowa Public Employee Retirement System, a State -administered pension plan. Currently the employee contribution rate is 6.29% of gross wages. The City contribution rate is 9.44% of salary. These rates are subject to legislative change. J. General Business Expenses 1. Professional Dues and Subscriptions: Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organization necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. a. The Employer also acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall CAI r 'r .) $- :t.rEF.� ti pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in said clubs or organizations. 2. Travel Expense: Employer agrees to pay for eligible and properly approved travel expenses of Employee according to the City of Waterloo Travel Policy. Receipts for all expenses, approved travel request forms, meeting agendas and employee expense reports and any other documents required by policy shall be attached to payment vouchers submitted to the Finance Department, following the City's bill payment policy. Such documents shall be submitted as soon as possible after expenses are incurred. a. The City agrees to reimburse the Employee for approved expenses as soon as possible after proper documentation is provided. Reimbursement will be made in accordance with the City's bill payment schedule. K. Miscellaneous 1. Employee shall perform those duties as outlined in the job description and ordinances of the City of Waterloo, which establishes the Library Director position. 2. Employee shall devote her full time and talents to the best of her ability to the best interest of the City of Waterloo, in the discharge of her duties. 3. Employer agrees that it shall defend, hold harmless, and indemnify the Employee against any tort, professional liability from all demands, claims, suits, actions, errors, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties in legal proceedings brought against her in her individual capacity or in her official capacity, provided the incident arose while she was acting within the scope of her employment. 4. If in the good faith opinion of the Employer and Employee, conflict exists as regards to the defense of any such claim between the legal position of the Employer and the Employee, the Employee may engage counsel, in which event; the Employer shall indemnify the Employee for the cost of legal counsel. 5. The Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the employee is a party, witness or advisor to the 1 I l` •_s IR_" V v Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. 6. Employer agrees to pay Employee reasonable consulting fees (If the Employee is no longer working for the Employer) and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. 7. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 8. Employer requires Employee to maintain residency in the City of Waterloo for the duration of the Agreement but the Board can approve residency outside of the City of Waterloo if Employee makes a request. 9. The Employer, as part of this hiring agreement, will reimburse Employee up to $8,000.00 for relocation expenses. Employee must provide an invoice(s) detailing the expenses prior to receiving the reimbursement. 10. General Provisions a. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of the agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. b. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. c. Effective Date: This Agreement shall become effective commencing on March 18`h , 2026. d. Severability. The invalidity or partial invalidity of any portion of the Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modifications of the invalid provision. i'! .- ''.ATE Fa.. L IN WITNESS WHEREOF, the City of Waterloo has caused this Agreement to be signed and executed as duly authorized by City Council Resolution, and duly attested by the City Clerk. CITY OF WATERLOO EMPLOYEE Byt wdV' Date? j� y(1w By. U� Dater Cindy Wells, resident Library Board of Directors Robbin Degeratu ATTEST: By: City Clerk