HomeMy WebLinkAboutAgreement_General_10/11/2007Village of Tequesta
Interim Employment Agreement
THIS AGREEMENT is renewed for a period of two (2) years, effective June 28,
2007, by and between the VILLAGE OF TEQUESTA, a municipal corporation of the
State of Florida (hereinafter referred to as "Village"), and Shea Thomason, an individual,
(hereinafter referred to variously as "Employee" or "Interim Firefighter") as follows:
Section 1. Duties
The Village hereby agrees to renew this Agreement with the Employee's
continued employment as an Interim Firefighter, 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 the interim firefighter program to assist individuals in
obtaining a career in the fire service and to assist individuals with higher education
opportunities. 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 two (2) years. No modifications, changes or amendments to any
provision of this Agreement can be implemented without express written agreement
being executed by both parties.
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).
Section 4. Termination
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 college assistance funds.
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 college assistance funds to the Village as liquidated damages.
Section 5. Salary
The Village will compensate Employee at a rate of $6.81 per hour for all hours
worked during his normal workweek. The normal workweek for Fire Department
employees is forty-eight hours. This 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 needed 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
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.
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Section 6. Benefits
a. Vacation: Employee will receive two weeks of paid vacation for each
year Employee is employed under this interim program. At the successful
completion of Employee's twelve-month probationary period Employee is entitled
to use Employee's vacation leave in accordance with the policies governing such
usage. However, Employee will not be compensated for time off, if granted,
during Employee's probationary period.
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 this 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. 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 certifications for the
Employee. Once Employee is eligible to earn the Educational Assistance
Funds, the Village will utilize these funds to reimburse the Village for the all
costs associated with obtaining the Firefighter and/or Emergency Medical
Technician certifications. After the Village is reimbursed, the employee may
then earn and utilize Education Assistance Funds for the purposes set forth
above.
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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
Employment described herein.
Interim Employee Signature Date
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epa +ent Head Signa ure Date
Human Resources Administrator Date
-- Io i~ F,
Village Manager i t re Date
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