HomeMy WebLinkAboutDocumentation_Regular_Tab 06_09/13/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
9/13/2012
Consent Agenda: Yes Resolution #:
Originating Departr»ent: Fire
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval requested of Interim Employment Agreements for Firefighter Adam Stark and
Firefighter Dylan Seifert.
BUDGET / FINANCIAL IMPACT:
Account #: 001-192-515.110 (lnterim Pay) Amount of this item: $7.67 per hr. / 48 hr. week
and 001-192-526.103 (Educatianal $5,000 Educational Expense Per Year
Reimbursement) for each contract.
Current Budgeted Amount Available: Amount Remaining after item:
001-192-515.110 N/A Multiple Yr. Contract NIA Muitiple Yr. Contract
OQ1-192-526.103 N/A Muitiple Yr. Contract N/A Multiple Yr. Contract
Positions are budgeted.
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Approval requested of Interim Employment Agreement for three (3) years for Firefighter Adam Stark
and Firefighter Dylan Seifert for period 9/17/2012 to 9/17/15.
APPROVALS: SIGNA
Department Head � �� � ,
Finance Director � 1 �
Reviewed for Financiaf Sufficiency [� �
No Financial Impact ❑ -�___-����
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: [�
Approve Item: ❑
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to inc(ude the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
Village of Tequesta
In#erim Employment Agreement
THIS AGREEMENT is made and entered into this day of , 20 ,
by and befinreen the VILLAGE OF TEQUESTA, a municipaf corporation of the State of
Florida (hereinafter referred to as "Village"), and DYLAN SEIFERT, an individual,
(her�inafter referred #o uariously as "Employee" or "Interim Firefighte�') as follows:
S�ction 1. Duti�s
The Village hereby agree� to hire Employee as an Interim Firefighter to perForm the
duties 2r�d functions of a Firefigh#er t, in accordance with the job position descriptivn
attached he�eto and marked as Appendix "A". Employee sha!! be subject to, and �bide
by, the 4rdinances of the Village, the Village Employee Handbook, Florida Statutes and
Federal laws governing Firefighters and Emergency Medical Technicians. Employee
agrees to perForm duti�s and responsibilities hereunder and such other reasanabie
duties and responsibiiities as are assigned to him from time to time by the Fire Chief
andbr the Viltage Manager.
Section 2. Descrip�on of Posi#�on
The Village has start� an interim firefighter program to assist individuais in obtaining a
career in the fire service and to assist individuals with higher education opportunities.
tnterim firefighters serve on an "as needed" basis as determined in the sole discretion of
the Village. Interim firefighters senre at the wili of #he Vitlage. 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 wifih 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
en#itled to any rights or benef�s set forth in the Vllage's Employee Handbooic, including,
but not limited to, any grievanae procedure rights.
Section 3. Term
This Agreement shafl commence as of the date hereof and shai! 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 and/or Fi�e Chief. Nothing in this Agreement shall prevent, limit or
otherwise interfere with the right of the �ftage Manager or Fire Chief to terminate the
services of the Employee. Employee agrees that he has no property rights in
employment with the Viliage and does not have the right to fiile a grievance conceming
any of the terms or conditions of this Agreement or otherwise.
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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. Terminatian
In the event that Employee is terminated before the expiration af 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 Vitlage employees.
The Employee will also be eligible for his portion of #he Education Assistance Funds
(defined beiow) that he has earned, for a period of time up to iwelve (12) months from
his date of termination. Education Assistance Funds not utiliz� wifhin this fwefve (12}
month time frame shalt be forfeited to the Village.
If Employee is terminated for moral turpitude, he sF�all 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, Emptoyee 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 norma� workweek. The normal workweek for Fire Department
empioyees is forty-eight haurs. This is based on working one hundred and forty-four
(144) hours in a twenty-one (21) day cyc{e. The Viltage 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 Vilfage 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 work cycle. For
the purpose of computing houcs 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 firef�ghters by the Village and his hourly rate of pay wilf be adjusted
accordingly.
Sectio� 6. Benefits
a. Vacation: Empfoyee will receive finro weeks of paid vacation for each year
Employee is employed under this interim program. At the sur,cessful completion
of Employee's twelve-month probationary period Employee is entitled to use
Employee's vacation leave in accordance with the poticies goveming such
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usage. However, Employee wili not be compensated for time off, if granted,
during Employee's probationary periad.
b. Sick leave: Employee is entitled to Sick Leave benefits as applied to full time
Village employees and in accordance with the polic+es goveming such.
c. Holiday Pay: The Village witl provide Hofiday Pay to Employee as they would to
full time employees and in accardance with the policies goveming such.
�d. Health and Li#e Insurance: Interim Firefighters are not automatically eligible fior
Village sponsored health care benefits. Howsver, where the employee and the
ViU�ge agree, and the empfoyee is in fulf compliance with ail State of Florida
certification requirements, the emplayee may elect to have single health
insurance (employee only) coverage in lieu of the educational assistance funds
(see paragraph 6f below). This coverage will be identical to the single coverage
plan offered to non-unionized employees. The employee will not however be abte
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 beneflts: Employee is not eligibte for Retirement Benefits.
f. Education Assistance: Where the Health Insurance option outlined under 6d
above is rejec#ed by the employee, or where the employee does not qualify for
this option, he/she may eam up to � maxlmum 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 mon#h quarter under this program
Employee is entitfed 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.
!f the Employee is not State of Florida certified as a Firefighter and/or Emergency
Medical Technician upon exe�ution of this Agreemer�t, the Village wili advance
Education Assistance Funds to pay for these cert�catians for the Empfoyee.
4nce Employee is eligib/e to earn �e Educaironal Assi�tance Funds, the
Village wil! utilize th�se funds to reimburse the Village for the all cost.s
associa#ed with o6taining the Firefighter and/or Emergency Medic�l
Technician cert�cations. After the �llage is reimbursed, the emptoyee may
then eam and utilize Education Assistance Funds for the purposes set forth
above.
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g. Exchange of time: tnterim firefighfers are etigible to exchange time with other
employees as long it is in arcordance 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 Ernployee has no control
over.
h. Incentive F�ay: Based an the department needs, the Fire Chief will determine
whether or not a certified lnterim Fire Fighter shail 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 #o the laws of the State of
Florida. Employee irrevocably submits to the jurisdiction of such courts and waives any
objeation it may have to either the jurisdic#ion or ven�e of such courts. Further,
Employee waives trial by jury i# l�igation 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 shali b� determined to be invalid, iftegal, ar
unenforceable in whole or in part by a court o� competent jurisdiction, the validity af the
remaining part of such term or the validity of ar�y other term or pravision of this
/�qreement shall not in any way be affected. Ali provisions ofi this Agreement shall be
construed to be valid and enforceable to the futt extent permitted by taw.
Section 9. Acknowiedgment
By signature beiow, Emptoyee acknowtedges that he has read tttis Agreement and has
received a copy of the Vilfage Employee Handbaok and the Fire-Rescue Department's
Policy and Procedure Manual, and agrees to accept the terms of Interim Employment
described herein.
Interim Employee Signature Qate
Department Head Signature D�te
Human Resources Administrator Date
�ilage Manager Signature Date
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Village of Tequesta
In#erim Employmen# Agreemsnt
THIS AGREEMENT is made and errtered into this day of , 2a ,
by and between the VlLLAGE UF TEQUESTA a municipal corporation of the State of
Florida {hereinafter referred to as "Village�), and ADAM STARK, an individual,
(hereinafter referred to variously as �Employ�" or �Interim Firefighter") as follows:
Section 1. Dufies
The Village hereby agrees to hire Employee as an Interim Firefighter to pertorm the
du#ies and fiunctions of a Firefighter I, in accordance with the job position description
attached hereto and m�rked as Appendix "A". Employee shaN be subject to, and abide
by, the Ordinances of the Village, the �llage Empioyee Handbook, Florida Statutes and
Federal laws governing Firefighters and Emergency Medical Technicians. Employee
agrees to petform duties and responsibilities hereunder and such other reasonabte
duties and responsibilities a� are assigned to him from �ime to time by the Fire Chief
andlor the Village Manager.
Section 2. Description of Posil�on
The Vilfage has started an interim firefighter program to assist individuafs 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 U11age. interim firefighters serve at the will of the �Ilage. lnterim firefighters can be
relieved of duty at 2ny time for any reason or no reason.
Interim firefighters will re�ive a copy of the Village Employee Handbook and the Fire-
Rescue Department's Policy and Procedure Manual �t the time of initial empfoyment.
Interim firefighters are responsible for compliance with General Personnel Palicies and
Standards of Gonduct 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 benefi#s set forth in the V'illage's Employee Handbook, including,
but not limited to, any grievance procedure rights.
Sec#ion 3. Term
This Agreement shall commenc:e as of the date hereof and shall remain in effect for a
period of three (3) years. This Agreement can be renewed for an additianaf 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 witl 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 �Nage 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 �ght to file a grievance concerning
any of the terms or conditions of this Agreement or otherwise.
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g. Exchange of �me: Interim firefighters are eligibie to exchange time w'rth other
employees as long it is in accordance w'rth department guidelines. This
procedure is for situations that cannot be scheduled around Employee's shift
work, for the attendance ofi ciasses or for events that Empioyee has no cantrol
over.
h. incentive Pay: Based on the department needs, the Fire Chief will determine
whether or not a certfied Interim Fire Fighter shall receive the Dive pay and the
State Certified Inspector pay.
Section 7. Applicable Law and Waiver of Jury Trial.
TMis Agreement shalf be govemed by and construed pursuan# to the iaws of the State of
Florida. Employee irrevocabiy submits to the jurisdiction of such courts and waives any
obje�tion it may have to either the jurisdietion or venue of such courts. Further,
Employee waives trial by jury if litigation is filed to enforce any terms of this Agreement,
Venue shalf be P�lm Beach County, Florida.
Section 8. Severabiljty.
If any terms or part of this Agreement shalt be determined to be invaGd, illegal, or
unenforceable in whole or in part by a court of eompetent jurisdiction, the validity of the
remaining part of such term or the validity of any other term or provisio� of this
Agreement shall not in any way be affected. All provisions of this Agreement shal! be
construed to be valid and enfvrceable to the full extent permitted by law.
Section 9. Acknowledgm�nt
By signature below, Emptoyee acknowtedges 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 Emp{oyment
described herein.
Interim Employee Signature Date
Department Head Signature Date
Human Resources Administrator Date
Village Manager Signature Date
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