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HomeMy WebLinkAboutDocumentation_Regular_Tab 05_01/12/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: N/A January 12, 2012 Consent Agenda: Yes Resolution #: NIA Originating Department: Fire A����A 3"�M' Tf'�L-€: �'���s�g €��� t�� �vE;3��'S I��€� c# yo�sr �taf# �e�o�) Incentives far Interim Firefighters BUDGE.T'l �11�A�I�IA� ��IPA�'T: >. _ _ Account #: 001.192-515.110 Amount of this item: $2,300.00 Current Budgeted Amount Available: Amount Remaining after item: $49,876.Q0 $47,576A0 Budget Transfer Required: No Appropriate Fund Balance: No EXECUTiVE SUMMARY O��` �OR 13SUE3: (7`"his is a snap shot description af the agenda item) We currently have one interim tirefighter that is a sta�Ce certified fire inspector and one interim firefighter that is a rescue diver. Our interim firefighters complete their side of the Employment Agreement with great pride and enthusiasm; they are motivated individuals that eontinue to pursue advance education ta enhance the level of protectian of the citizen's of Tequesta. I am requesting that the Inspector Pay and Dive Rescue Pay be extended equally to the_ employees of the fire`department, including the Interim Fi fighters. APPI�OVALS: , _ _ 31G ._ . . _. Department Head �in��+�� 9ir�+�� Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: �u :rn�t for Council is�ussi�� �: (� Approve Item: Deny Item: � °�— �' SPECIAL'(N51`RUCTIONS`�OR CLERK: (� you wisFi`to have agreem�enfs signed; be'sui� to includ� the "`' number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 Memorandum To: Michael R. Couzzo, Village From: James M. Weinand, Fire Chie Date: November 16, 2411 Subject: Incentive for Interims F' e ghters I would like to point out some disparities between compensation benefits for the different classifications of employees in the fire department, even for performing the same job. As you are aware, the IAFF union employees receive incentive pay compensation for functioning in different capacities as shown below. Incentive Pay Compensation EMPLOYEES IAFF UNION NON UNION INTERIM Starting Salary $43,647.Q0 $62,375.25 $19,144.32 Paramedic Pay 120 of Salary 12% of Salary None Inspector Pay $1,300.00 $1,300.00 None Diver Pay $1,000.00 None None A.S. Degree Pay $600.00 �600.00 $600.00 B.S. Degree Pay $1,320.00 $1,320.00 $1,320.00 Working out of 5% of Salary None None classification Pay The interim firefighters work just as hard as the union and non- union firefighters in this department. Until recently, one interim firefighter was collecting fire inspector pay; now that has been reversed. The rescue diver pay was not even available when these interim firefighter's contracts were written. Becoming a member of the Tequesta Dive Rescue Team carries a large responsibility to physical fitness, safety standards and is a clangerous assignment. Interim firefighter Hi11 utilized his Education Funds to received certifications in Dive Rescue I and Dive Rescue II. He has met the standards set forth by thi� department and has passed check-off process, i.e. Swim test, Underwater skills test, Deep dive, Night dive, Open water, to name a few. , Interim firefighter Hill is assigned to "C" Shift and is the second member of that shift assigned to the dive rescue team. Without his participation on �he Dive Team, the Village residents would be left unprotected for a water rescue emergency every third day. The Safety Standard to run a dive operation requires a minimum of two checked-off dive rescue personnel. If Firefighter Hill was not a member of the dive team, another member would be required to come in for overtime to handle a water rescue and �hat rescue would probably become a recovery instead; due to the time delay. Since interim firefighters are held to same rigorous standards as union members, I feel that the right thing to do is to compensate them the same. State certification as a fire inspector is more than just performing inspections. Individuals with this certification have in depth knowledge of fire protection systems, such as automatic fire sprinklers systems, standpipe systems, automatic suppression systems, fire alarm systems, crowd control techniques, etc. The knowledge base that a fire inspector has saves lives and reduces property loss. I wish every firefighter would be a certificated fire inspector. In addition to our officers, we have one part-time firefighter, two firefighters and one interim firefighter that are state certified fire inspectors. We inspect every building and business in the Village limits annually, handle complaint inspections, perform home business inspections, new occupancy inspections and perform all the construction related inspections. We currently have one interim firefighter that is a state certified fire inspector and one interim firefighter that is a rescue diver. Our interim firefighters complete their side of the Employment Agreement with great pride and enthusiasm; they are motivated individuals that continue to pursue advance education to enhance the level of protection of the citizen's of Tequesta. This disparity in compensation is causing some operational issues, which affects moral. Therefore, I am requesting that the Inspector Pay and Dive Rescue Pay be extended equally to the employees of the fire department, including the Interim Firefighters. I really feel that this decision and policy of Council will continue to provide the level of protection that the citizens of Tequesta already expect. Viilage of Tequesta Interim Employment Agreement THIS AGREEMENT is made and entered into this day of , 20 , by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (hereinafter referred to as "Village"), and , an individual, (hereinafter referred to variously as "Employee" or "Interim Firefighter") as follows: Section 1. Duties The Village hereby agrees to hire Employee as an Interim Firefighter to perform the duties and functions of a Firefighter t, 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 pertorm duties and responsibilities hereunder and such other reasonable duties and responsibilities as are assigned to him from time to time by the Fire Chief andlor the Village Manager. Section 2. Description of Position The Vitlage 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 firefighters serve on an "as needed" basis as determined in the sole discretion of the Vilfage. Interim firefighters serve at the will of the Village. Interim firefighters can be relieved of duty at any time for any reason ar 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 Genera( Personne( 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 can be renewed for an additional three {3) year term by mutual consent of both parties. 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 andJor Fire Chief. Nothing in this Agreement shaH prevent, limit or otherwise interFere with the right of the Village Manager or Fire Chief to terminate the services of the Employee. 1 Employee agrees that he has no property rights in employment with the Village and does not have #he 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 ViNage, 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 shali 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. 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 the prevailing minimum wage for all hours worked during his normal workweek. The normat workweek for Fire Department employees is forty- eight hours. This is based on warking 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 norma( work cycle. 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 non-unionized 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 this interim program. At the successful completion of Employee's 2 � twelve-month probationary period Employee is entitled to use Employee's vacation leave in accordance with the policies governing such usage. However, Employee wi!! not be compensated for time off, if granted, during Employee's probationary period. b. Sick leave: Employee is entitled to Sick Leave benefits as apptied 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: Interim Firefighters are not automatically eligible for Viilage sponsored heaith care benefits. However, where the employee and the Village agree, and the employee is in full compliance with all State of Florida certification requirements, the employee may elect to have single health insurance (employee only) coverage in lieu of the educationa{ assistance funds (see paragraph 6f below). This coverage wifl be identical to the single coverage plan offered to non-unionized employees. The employee will not however be able to upgrade to another plan or add any dependents. 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: Where the Health Insurance option outlined under 6d above is rejected by the employee, or where the employee does not qualify for this option, he/she may earn up to a maximum of $5,004.00 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 fiime during Employee's employment, and up to twelve (12) months after the expiration of this contraet. Education Assistance Funds can be used for any tuition costs, book expenses or iab 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 #or the Employee. Once Employee is eligib/e to earn the Educationa/ Assistance Funds, the Vi/lage will utilize these funds to reimburse the Village for the all costs associated with obtaining the Firefighter andlor Emergency Medica/ Technician certi�cations. After the Village is reimbursed, the employee may then earn and utilize Education Assistance Funds for the purposes set forth above. 3 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 cfasses or for events that Employee has no control over. h. Incentive Pay: Based on the department needs, the Fire Chief will determine whether or not a certified Interim Fire Fighter shall receive the Dive pay and the State Certified Inspector pay. 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 befow, 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 Department Head Signature Date Human Resources Administrator Date 4 Village Manager Signature Date 5 6 Weinand, James From: Reid, Merlene Sent: Friday, December 16, 2011 1:35 PM To: Weinand, James Cc: Burnsed, Joanne Subject: FW: Intern Firefighter Contract - Draft for Jan 2012 Cauncil Meeting Attachments: Intern Firefighter Contract - Draft for Jan 2012 Cauncil Meeting.doc .I I 1Y1, Updated contract for lanuary's Council meeting attached. Attorney's review complete. Merlene Merlene Reid, MS, SPHR Human Resources Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Tel: (561J 768-0415 Fnx: (�(� 1 J 7G& OFi_97 From: Lucille Turner (rnfiilto:I.FTurner a cars�n-ac)kinslaw.coml _ _ Sent: Friday, December 16, 2011 1:24 PM To: Reid, Merlene Subject: RE: Intern Firefighter Contract - Draft for Jan 2012 Council Meeting l f�is looks fine Meriene. Lucy Turner Lucille E. Turner Office: 850-894-1009 Carson & Adkins FAX: 850-894-1677 2930 Wellington Circle, Suite 2Q1 Cell: 850-322-7063 Tallahassee, FL32309 E-mail: I I i"��in;:i(����;,n������ ��Ilci��,l.��,��.������� This transmission is intended to be delivered only to the named addressee(s) and may contain information that is confidential, proprietary, attorney work-product, or attorney-client privileged. If this transmission is received by anyone other than the named addressee(s), the recipient should immediately notify the sender by e-mail or telephone at (850) 894-1009 and obtain instructions as to the disposal of the transmitted material. From: Reid, Merlene �maillr�: � � �r��id�>>i:r�� �� �,: ;�; �,or�g1 Sent: Friday, December 16, 2011 11:55 AM To: Lucille Turner Cc: Weinand, James Subject: Intern Firefighter Contract - Draft for )an 2012 Council Meeting Lucy, I made the changes as discussed. For greater clarity the word "non-unionized" has also been added to Sections 5& 6d. Please review and give me your feedback. Thanks � Merlene Merlene Reid, MS, SPHR Human Resources Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469-0273 Tel: (561) 768-0415 Fax: (562) 768-0697 IMPORTANT.� The confents of this email and any aitachments are con�dential. They are intended for fhe named recipient(s) only. 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