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HomeMy WebLinkAboutAgreement_General_05/07/2009Village of Tequesta Interim Firefighter Agreement For Continued Employment THIS AGREEMENT is made and entered into this ~ day of 11/1 , 2009, upon the approval of the Village Council at the April 9, 2009, Council meeting with an effective date of May 7, 2009, by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (hereinafter referred to as "Village"), and Adam Stark, an individual, (hereinafter referred to variously as "Employee" or "Interim Firefighter") as follows: Section 1. Duties The Village hereby agrees to continue the Employee's employment as an Interim Firefighter, previously provided for by an "Interim Employment Agreement" dated February 28, 2006, in order to perform the duties and functions of a Firefighter I, in accordance with the job position description attached hereto and marked as Appendix "A". Employee shall be subject to, and abide by, the Ordinances of the Village, the Village Employee Handbook, Florida Statutes and Federal laws governing Firefighters and Emergency Medical Technicians. Employee agrees to perform duties and responsibilities hereunder and such other reasonable duties and responsibilities as are assigned to him from time to time by the Fire Chief and/or the Village Manager. Section 2. Description of Position The Village has started an interim firefighter program to assist individuals in obtaining a career in the fire service and to assist individuals with higher education opportunities ("Interim Firefighter Program"). Interim firefighters serve on an "as needed" basis as determined in the sole discretion of the Village. Interim firefighters serve at the will of the Village. Interim firefighters can be relieved of duty at any time for any reason or no reason. Interim firefighters will receive a copy of the Village Employee Handbook and the Fire-Rescue Department's Policy and Procedure Manual at the time of initial employment. Interim firefighters are responsible for compliance with General Personnel Policies and Standards of Conduct as set forth in the Village Employee Handbook. However, other than rights and benefits specifically listed in this Agreement, interim firefighters are not entitled to any rights or benefits set forth in the Village's Employee Handbook, including, but not limited to, any grievance procedure rights. Section 3. Term This Agreement shall commence as of the date hereof and shall remain in effect for a period of three (3) years. This Agreement may be renewed for an additional three (3) year term by mutual consent of the parties. No modifications, changes or amendments to any provision of this Agreement can be implemented without express written agreement being executed by both parties. 1 Employee agrees that he is an at-will employee and will serve at the pleasure of the Village Manager and/or Fire Chief. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Village Manager or Fire Chief to terminate the services of the Employee. Employee agrees that he has no property rights in employment with the Village and does not have the right to file a grievance concerning any of the terms or conditions of this Agreement or otherwise. Nothing in this Agreement shall prevent or otherwise interfere with the right of the Employee to resign his employment with the Village, subject to the provisions with Section 4 (Termination/Separation). Section 4. Termination/Separation In the event that Employee is terminated before the expiration of the aforesaid term of employment for reasons other than moral turpitude, the Village agrees to pay the Employee for any accrued sick leave and vacation benefits in accordance with the provisions of the Village Employee Handbook applicable to full time Village employees. The Employee will also be eligible for his portion of the Education Assistance Funds (defined below) that he has earned, for a period of time up to twelve (12) months from his date of termination. Education Assistance Funds not utilized within this twelve (12) month time frame shall be forfeited to the Village. If Employee is terminated for moral turpitude, he shall forfeit his accrued sick leave, vacation pay and education assistance funds. Should the Employee be offered employment with the Fire Department, either full or part time, Employee shall suffer no loss of sick leave, vacation benefits or accrued Education Assistance Funds. The Employee will be eligible for his portion of the Education Assistance Funds (defined below) that he has earned, for a period of time up to twelve (12) months from his date of employment. Education Assistance Funds not utilized within this twelve (12) month time frame shall be forteited to the Village. If the Employee voluntarily resigns from the position of interim firefighter prior to the expiration of this agreement, Employee shall forfeit all accrued sick leave, vacation pay and education assistance funds to the Village as liquidated damages. Section 5. Salary The Village will compensate Employee at a rate of $7.21 per hour for all hours worked during his normal workweek. The normal workweek for Fire Department employees is forty-eight hours and is based on working one hundred and forty-four (144) hours in a twenty-one (21) day cycle. The Village reserves the right to adjust the normal workweek hours as needed and in accordance with the Fair Labor Standards Act. Employee will occasionally be required to work extra hours. The Village provides compensation for extra hours worked at a rate of one and one-half (1-1/2) times the 2 normal hourly rate of pay for all hours worked in excess of the normal workweek. For the purpose of computing hours worked, annual leave, sick leave and time lost due to an on-duty injury shall be considered time worked. Employee is entitled to receive any across the board increases granted to the other firefighters by the Village and his hourly rate of pay will be adjusted accordingly. Section 6. Benefits a. Vacation: Employee will receive two weeks of paid vacation for each year Employee is employed under the Interim Firefighter Program. Employee is deemed to have successfully completed the Employee's twelve-month probationary period under the terms of the previous Interim Employment Agreement between the parties dated February 28, 2006, and is entitled to use Employee's vacation leave in accordance with the policies governing such usage. Any vacation time accrued under the previous Agreement shall be carried over for Employee's use under this Agreement. b. Sick leave: Employee is entitled to Sick Leave benefits as applied to full time Village employees and in accordance with the policies governing such. c. Holiday Pay: The Village will provide Holiday Pay to Employee as they would to full time employees and in accordance with the policies governing such. d. Health and Life Insurance: Employee is not eligible for Health Care Benefits. Life insurance is provided, but only to the extent that is required by law. e. Retirement benefits: Employee is not eligible for Retirement Benefits. f. Education Assistance: In lieu of the Health Care, Life Insurance and Retirement benefits, Employee can earn up to a maximum of $5,000.00 per year for education assistance ("Education Assistance Funds"). Education Assistance Funds are earned at a rate of $1,250.00 per three months of employment. Therefore, if Employee works one three month quarter under the Interim Firefighter Program, Employee is entitled to use the $1,250.00 earned during the next quarter, or any time during Employee's employment, and up to twelve (12) months after the expiration of this contract. Education Assistance Funds can be used for any tuition costs, book expenses or lab fees associated with Employee's higher education subject to the requirement for the use of such funds for obtaining certifications as set forth below. Otherwise, there are no restrictions on the type of courses that the Employee can attend as these funds are to be considered Employee's money and Employee can use it for any courses, technical education or any type of degree Employee desires. If the Employee is not State of Florida certified as a Firefighter and/or Emergency Medical Technician upon execution of this Agreement, the Village will advance Education Assistance Funds to pay for these required certifications of the Employee. Once Employee is eligible to earn the Education Assistance Funds, the Village will initially utilize these funds advanced to the Employee to 3 reimburse the Village for all costs associated with the Employee obtaining the required Firefighter and/or Emergency Medical Technician certifications. After the Village has been reimbursed for the costs advanced for such required certifications, the employee may then earn and utilize Education Assistance Funds for the any other educational purposes as set forth above. g. Exchange of time: Interim firefighters are eligible to exchange time with other employees as long it is in accordance with department guidelines. This procedure is for situations that cannot be scheduled around Employee's shift work; for the attendance of classes or for events that Employee has no control over. Section 7. Applicable Law and Waiver of Jury Trial. This Agreement shall be governed by and construed pursuant to the laws of the State of Florida. Employee irrevocably submits to the jurisdiction of such courts and waives any objection it may have to either the jurisdiction or venue of such courts. Further, Employee waives trial by jury if litigation is filed to enforce any terms of this Agreement. Venue shall be Palm Beach County, Florida. Section 8. Severability. If any terms or part of this Agreement shall be determined to be invalid, illegal, or unenforceable in whole or in part by a court of competent jurisdiction, the validity of the remaining part of- such term or the validity of any other term or provision of this Agreement shall not in any way be affected. All provisions of this Agreement shall be construed to be valid and enforceable to the full extent permitted by law. Section 9. Acknowledgment By signature below, Employee acknowledges that he has read this Agreement and has received a copy of the Village Employee Handbook and the Fire-Rescue Department's Policy and Procedure Manual, and agrees to accept the terms of Interim Firefighter Em~ploym~t ~eser~ibed herein. I nteri D>iapart~rhent Head Signature ~, ~_ Human esources Administrator `~ / ~ ~, 1 Date tr',! ~ z- ,~ f Date Dat r Date ~~oogs~~ FIRE RESCUE POLICY & PROCEDURE MANUAL * ~A~ * ''~~``ii'' EFFECTIVE DATE REVISION DATE c`'=.'~~. r~+'.-'~-PAGE NUMBER TOTAL PAGES POLICY SECTION ~~ ~ ~ 6e S~ 10/1/1993 10/01/2003 1 6 1306.00 eB JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER I APPROVED BY JAMES M. WEINAND, FIRE CHIEF 1306.00 JOB POSITION DESCRIPTION FOR FIREFIGHTER I 1306.01 Rank: Firefighter Department: Fire-Rescue 1306.02 GENERAL PURPOSE: Protects life and property by performing fire fighting, emergency aid, hazardous materials, and fire prevention duties. Maintains fire equipment, apparatus, and facilities. Personnel in this position work a shift as directed by the Chief of the Department and are required to be called back to duty in the event of a major emergency. This job description is not all inclusive and the Firefighter must be able to take directions from supervisors, and coordinate their activities with the activities of other firefighters and subordinates within the chain of command to perform all related duties as prescribed by a superior officer in the department. 1306.03 SUPERVISION .RECEIVED: Works under the general supervision of the senior most firefighter on the shift and the shift's Rescue Officer. 1306.04 SUPERVISION EXERCISED: May assist to coordinate, instruct, or supervise the work of volunteer firefighters, new recruits, or other part-time department personnel, as assigned. 1306.05 ESSENTIAL DUTIES AND RESPONSIBILITIES: Assists in the performance of fire suppression activities that include rescuing of persons, providing for exposure protection, hazard confinement, fire suppression and extinguishment, ventilation of hazardous areas, and proper salvage and overhaul techniques. Performs firefighting activities including driving fire apparatus, operating pumps and related equipment, laying hose, and performing fire combat, containment and extinguishment tasks. Performs basic life support emergency medical services which include techniques such as patient assessment, cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance, administration of oxygen, bandaging, and application of medical anti-shock trousers; lift patients and carry stretchers; use radios and telephones to communicate with physicians; and communicate with hospital emergency room staff using appropriate medical terminology. R6~a8g~s FIRE RESCUE POLICY & PROCEDURE MANUAL * ~~~ * EFFECTIVE DATE REVISfON DATE C'=:=,-`~' fi(!~-PAGE NUMBER TOTAL PAGES POLICY SECTION A~ ~ ~ 4e; a6~ 10/1/1993 10/01/2003 2 6 1306.00 RB JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER I APPROVED BY JAMES M. WEINAND, FIRE CHIEF Participates in fire drills, attends classes in firefighting, emergency medical, hazardous materials, and related subjects. Receives and relays fire calls and alarms. Operates radio and other communication equipment. Firefighters' work activities include the utilization of appropriate safety equipment under extremely hazardous conditions of high heat, toxic gases, explosive chemicals, radioactive materials, and infectious diseases. Participates in the inspection of buildings, hydrants, and other structures in fire prevention programs. Maintains fire equipment, apparatus and facilities. Performs minor repairs to departmental equipment. Performs general maintenance work in the upkeep of fire facilities and equipment; cleans and washes walls .and floors; cares for grounds around station; makes minor repairs; washes, hangs and dries hose; washes, cleans, polishes, maintains and tests apparatus and equipment. Assists in developing plans for special assignments such as emergency preparedness, hazardous communications, training programs, fire fighting, hazardous materials, and emergency aid activities. Maintain a high level of professionalism through attendance of job improvement courses, seminars and conferences. Follows departmental Rules and Regulations, Standard Operating Procedures, Medical Treatment Guidelines, and Field Operational Guidelines. Firefighters must maintain physical condition and skills necessary to sustain required certifications in fire suppression, hazardous material response, technical rescue operations, fire prevention, and other life support techniques. Presents programs to the community on safety, medical, and fire prevention topics. Performs salvage operations such as throwing salvage covers, sweeping water, and removing debris. 2 ~~oDgs~s FIRE RESCUE POLICY & PROCEDURE MANUAL * ~~~ * ' EFFECTIVE DATE REVISION DATE cr~~?.~;~r~-PAGE NUMBER TOTAL PAGES POLICY SECTION ~Be~`O~' ~ 1011!1993 10/01/2003 3 6 1306.00 JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER I APPROVED BY JAMES M. WEINAND, FIRE CHIEF Must conduct duties with associated efficiency, including written correspondence, development of spreadsheets, operation of database programs and computer data entry. Assists with departmental equipment inventories that are required to be conducted within the appropriate manner and time frames established. Carry out duties in conformance with Federal, State, County, Local Laws and Ordinances. Employees in this classification may be expected to perform any related duties as required by proper authority. The incumbent is expected to protect the privacy of all patient information in accordance with Tequesta Fire Rescue's privacy policies, procedures, and practices, as required by Federal Law, and in accordance with general principles of professionalism as a government /heath care provider employee. The incumbent may access protected health information and other department information only to the extent that is necessary to complete your job duties. The incumbent may only share such information with those who have a need to know specific information you have in your possession to complete their job responsibilities related to treatment, payment or other departmental operations. The incumbent is encouraged and expected to report, without the threat of retaliation, any concerns regarding the department's policies and procedures on patient privacy and any observed practices in violation of that policy to the designated Privacy Officer of the Fire Chief. The incumbent is expected to actively participate in the Department's privacy training and is required to communicate privacy policy information to coworkers, students, patients and others in accordance with Tequesta Fire Rescue's policies. 1306.06 PERIPHERAL DUTIES: Assists in department supervisory and administrative activities as assigned. Assists in supervising volunteer firefighters as required. Assists in training new employees as assigned. 3 ~~oogs~~ FIRE RESCUE POLICY & PROCEDURE MANUAL * ~~~ * ~ ~ EFFECTIVE DATE REVISION DATE S~~`fir:;~~~' PAGE NUMBER TOTAL PAGES POLICY SECTION ~ ~' Oe R6sG~ 1011 /1993 10/01 /2003 4 6 1306.00 JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER 1 APPROVED BY JAMES M. WEINAND, FIRE CHIEF 1306.07 DESIRED MINIMUM QUALIFICATIONS: High school diploma or GED equivalent. Hold current certification as a Firefighter in the State of Florida in accordance with Florida Statute, Chapter 633. Be a certified Emergency Medical Technician in the State of Florida in accordance with the Bureau of Emergency Medical Services Rules and Regulations 64E and in accordance with Florida Statute, Chapter 401. Must possess a valid State of Florida Chauffeur or Class D with "E" endorsement vehicle operators license without record of DUI arrest, reckless driving charges, suspension or revocation in any State, within the last three years. Meet all the minimum educational requirements as established by the Fire Chief. 1306.08 NECESSARY KNOWLEDGE, SKILLS AND ABILITIES: Working knowledge of fire suppression and prevention principles, procedures, techniques and equipment. Working knowledge of first aid and resuscitation techniques and their application. Ability to apply standard fire fighting and emergency aid techniques to specific situations. Working knowledge of apparatus and driver safety. Ability to learn to apply standard fire fighting, emergency aid, hazardous materials, and fire prevention techniques. Ability to perform strenuous or peak physical effort during emergency, training or station maintenance activities for prolonged periods of time under conditions of extreme heights, intense heat, cold or smoke. Ability to act effectively in emergency and stressful situations. Ability to follow verbal and written instructions. Ability to communicate effectively orally and in writing. 4 ~~oogs~s FIRE RESCUE POLICY & PROCEDURE MANUAL * ~~~ ,,t ~ EFFECTIVE DATE REVISION DATE ~ ~='-;L'~=~ti+.-rte-PAGE NUMBER TOTAL PAGES POLICY SECTION ~0~~~0~' 10!1/1993 10101/2003 5 6 1306.00 JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER I APPROVED BY JAMES M. WEINAND, FIRE CHIEF Ability to establish effective working relationships with employees, other agencies, and the general public. Ability to meet the special requirements listed below. 1306.09 SPECIAL REQUIREMENTS: Must be 18 years or older at the time of employment. Must possess a valid State of Florida Chauffeur or Class D with "E" endorsement vehicle operators license without record of DUI arrest, reckless driving charges, suspension or revocation in any State, within the last three years. No felony convictions or disqualifying criminal histories within the last seven years. U.S. citizen. Must be able to read and write the English language. Must be of good moral character. Must be tobacco-free for twelve months prior to position appointment and remain smoke-free during your employment. 1306.10 SELECTION GUIDELINES: Formal application; written examination; physical agility test; oral examination; medical examination; background verification and check; and final selection. 1306.11 TOOLS AND EQUIPMENT USED: Emergency medical aid unit, fire apparatus, fire pumps, hoses, and other standard firefighting equipment, ladders, first aid equipment, radio, pager, personal computer, and phone. 1306.12 PHYSICAL DEMANDS: The physical demands described herein are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to stand; walk; use. hands to finger, handle, or operate objects, tools, or 5 ~~oogs~4 FIRE RESCUE POLICY & PROCEDURE MANUAL * ~~~ * ~ EFFECTIVE DATE REVISION DATE ~~==`:~a'~~~<~-PAGE NUMBER TOTAL PAGES POLICY SECTION ~gt~`04' 10/1/1993 10/01/2003 6 6 1306.00 JOB CLASSIFICATIONS AND DESCRIPTIONS FOR FIREFIGHTER I APPROVED BY JAMES M. WEINAND, FIRE CHIEF controls; and reach with hands and arms. The employee is occasionally required to sit; climb or balance; swim, stoop, kneel, crouch, or crawl; talk or hear; and taste or smell. The employee must frequently lift and/or move up to 10 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. 1306.13 WORK ENVIRONMENT: The work environment characteristics described herein are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee occasionally works near moving mechanical parts and in high, precarious places and is occasionally exposed to wet and/or humid conditions, fumes or airborne particles, toxic or caustic chemicals, risk of electrical shock, and vibration. The noise level in the work environment is usually moderate, except during certain fire fighting or EMT activities when noise levels may be loud. 1306.14 The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. 1306.15 The information provided in this job description has been designed to indicate the general nature and level of work performed by incumbents within this job. It is not designated to be interpreted, as a comprehensive inventory of duties, responsibilities, qualifications and working conditions required of employees, assigned to this job. Management has sole discretion to add or modify duties of the job and to designate other functions as essential at any time. This job description does not constitute an employment agreement or contract between the employer and employee. 6