HomeMy WebLinkAboutDocumentation_Regular_Tab 8A_10/11/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
10/11/2012
Consent Agenda: Yes Resolution #:
Originating Department: Fire
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval requested of Interim Employment Agreement for Firefighter Cole James.
BUDGET / FINANCIAL IMPACT:
Account #: 001-192-515.110 (Interim Pay) Amount of this item: $7.67 per hr. / 48 hr. week
and 001-192-526.103 (Educational $5,000 Educational Expense Per Year
Reimbursement)
Current Budgeted Amount Available: Amount Remaining after item:
001-192-515.110 N/A Multiple Yr. Contract N/A Multiple Yr. Contract
001-192-526.103 N/A Multiple Yr. Contract N/A Multiple Yr. Contract
Position is budgeted.
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda ifem)
Approval requested of Interim Employment Agreement for three (3) years for Firefighter Cole James for
period 10/26/2012 —10/26/2015
APPROVALS: SI ATURE: "- � --?
A r
Department Head ��,�.�i��� ' � `� � �iJ���
Finance Director
Reviewed for Financial 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 include the
number of copies you want signed and place "Sign Here" sticker on them)
Form Amended: 10/20/11
Village of Tequesta
Interim Empioyment Agreement
THiS AGREEMENT is r�►adc and entered into this 11th day of October, 2012, by
and between the VILLAGE OF TEQUESTA, a municipal cqrporation a# the State of
Florida (hereinafter referred to as "Village�), �nd COLE JAMES , an individual,
(hereinafter referred to variousty 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 I, in accordance with #he job posi#ion description
attached hereta and marked as Appendix "A". Employee shatl be subject to, and abide
by, the Ordinances of the Village, th�e �Ilage Employee Handbook, Florida Statutes and
Federal laws goveming Firefighters and Emergency Medical Technicians. Employee
agrees to perForm duties and responsibilit�es hereunder and such other reasvnable
duties and responsibilities as are assigned to him from time to time by the Fire Chie#
andfor the �Ilage Manager.
Section 2. Description of Posi#ion
The Village has started an interim fire#ighter 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 Ullage. Interim firefighters serve at the will of the Village. {nterim firef�gfiters can be
relieved of duty at any time for any reason or no reason.
Interim firefighters will receive a copy of the �Ilage Employee Handbook and the Fire-
Rescue Department's Policy and Procedure Manual at the time of in�ial employment.
Interim firefighters are responsibte far compCiance wi�h Generai Pe�sonnef Policies and
Standards of Conduct as set forth in tF►e Village Emptoyee Handbook. However, other
than rights and bene#'its specifically listed in this Agreement, in#erim firefighters are not
entitled to any rights or benefrts set forth in the Viilage's Employee Ha�ndbook, including,
but not limited to, any grievance proc�dure rights.
Section 3. Term
This Agreement sha(t commence as of the date hereof and shafl remain in effect for a
period of tfiree (3) years. 7his �greement can be renewed for an additionai thre� (3}
year term by mutuaf consent of both parties. No mod�cations, changes or
amendments to any provision of this Agreemerrt car� be impiemented without express
writte� agreement being executed by both parties.
Employee agrees that he is an at witl employee and wilt serve at the pleasure of the
�Ilage Manager and/or Fire Chief. Nothing in this Agreement shall prevent, limit ar
otherwise intertere with the right of the Village Manager or Fire Chief to #erminate the
services of the Employee. Employee agrees that he has no propsrty rights in
employment with the Vilfage and does not have the righ# to fiie a�rievanoe concerning
any of the terms or conditions of this Agreemen# or otherwise.
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Nothing in this Agreement shall prevent or otherwise intertere w�h the right of the
Employee #o resign his employment wi�h the Village, subject to the provisions with
Section 4 (Termination).
Section 4. Termination
In the event that Employee is terminated before the expiration o# the aforesaid term of
employment for reasons other than moral turpitude, th� �Ilage agrees to pay the
Employee �ar any accrued sick leave and vacation benefits in accordance with the
provisions of the Villag� Employee Handbook applicabie to full time �Ilage employees.
The Empioyee wi11 also be eligible for his portion of the Education Assistance Funds
(defined below) that he has eamed, for a period of time up to twelve (12) months from
his date of termination. Education Assistanoe Funds not utifized within this finretve (12)
month time ftame shall be forfe�ed to the ViUage.
If Employee is terminated far moral turpitude, he shall forfeit his accrued sick leave,
vacation pay and e�ducation assistance funds.
If the Employee votuntarily 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 �Ilage as liquidated dar�ages.
Section 5. Saiary
The Village will corripensate Employee at the prevaifing minimum wage for al! hours
worked during his narmal workweek. The normal workweek for Fire Department
employees is forty-eight hours. This is based on working one hundred and forty-four
(1�4) 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.
Emptoyee wili occasionally be needed to work extra hours. The �Ilage provides
compensation for extra hours vuorked at a rate of one and one-half (1-1/2) times the
normal fiourly rate of pay for ail hours worked in excess of the normal work cycle. For
the purpose of computing hours worked, annual leav�, sick leave and time lost due to
an an-duty injury shal{ be considered time worked.
Employee is entitled to receive any across the board increases granted to #he non-
unionized firefghters by the �Ilage and his hourlyy rate of pay will be adjusted
accordingly.
Section 6. Benefi#s
a. Vacafion: Employee wilt receive finro weeks of paid vacation for each year
Employee is employed under this interim prcx�ram. At the successful completion
of Employee's finrelve-month probationary period Employee is entitled to use
Employee's vacation leave in accordance rnrith the policies governing such
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usage. However, Empfoyee 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 appfied to full time
Village employees and in accordance with the policies governing such.
c. Holiday Pay: The Viliage wiff provide Hof"�day Pay to Employee as they would to
full time employees and in aGCOrdance with the policies governing such.
d, Health and Life Insurance: Interim Firefighters are not automatically eligibfe for
Village sponsored health care benef�s. However, where the employee and the
Village agree, and the employee is in #uli compliance with att State of Florida
cert'rfication requirements, the employee 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 iden�ical 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 dependen#s.
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 outtined under 6d
above is rejected by the employee, or where the employee does not qualify fior
this option, he/she may eam up to a maximum of $5,OU0.00 per year fo�
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 w4r�cs one three month quarter under this program
Employee is entitled to use the $1,250.00 e�med dunng the next quarter, or any
time during Empioyee's employment, and up to twelve (12} months after the
expiration of this contract.
Education Assistanae Funds can be usecl for any tuition costs, book ex{�nses or
tab fees associated with Employee's higher education. There are no restrictions
on the type of courses that the Employee car� attend as tF�ese funds are to be
considered Employee's money and Emptoyee can use it for any courses,
technical education or any type of degree Employee desires.
I# the Employee is not State of Florida certifi�d as a Firefighter and/or Emergency
AAedical Technician upon execution o# this Agreement, the �ilage wili advance
Education Assistance Funds to pay for these certifications for the Employee.
Once Employee is eligiG/e to earn the Educationel Ass�i.�tance Funds, the
�llage wfll utilite these funds to reimburse th� Village for tha aJ! co.�ts
assocfated with obtaining the Fir�ef�ghter �nd/ar Emerg�eney Jl�edica!
Technician ce�cations. After the �llagra is reimbursed, the empfoyee may
then eam and utilize Education Assistance Funds for the purposes set forth
above.
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g. Exchange of �me: Interim firefighters are efigible to exchange time with other
empfoyees as long it is in accordance with department guidelines. This
procedure is for situations that cannot be schedule+d around Employee's shift
work, for the attendance of classes or for events that Employee has no cantrol
over.
h. Incentive Pay: Bas+ed on the department needs, the Fire Chief will determine
whether or not a certified Interim Fire Fighter shali receive the Dive pay and the
State Cert'�fied Inspector pay.
Section 7. Applicable Law and Waiv�r of Jury Trial.
This Agreement shall be govemed by and construed pursuant to the laws of the State of
Florida. Emp{oyee 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 6e Palm Beach County, Florida.
Section 8. Severability.
lf any terms or part of this Agreemen# shalf be determined to be invalid, ilfegal, or
unenforceable in whofe or in part by a court of competent jurisdi�tion, the v�tidity of the
remaining part of such term or the validity of any o#her term or provision of this
Agreement shall not in any way be affected. AI! provisions ofi this Agreement shali be
construed to be valid and enforceable to the full extent permitted by law.
Section 8. Acknowledgment
By signature below, Empfoyee acknowled�es that he has read this Agreement and has
received a copy of the Village Employee Handbook and the Fire-Rescue Department's
Policy and Proaedure Manual, and agrees to accept the tenns of Interim Employmen#
d�scribed herein.
Interim Employee Signature Date
Departrnent Head Signature Date
Human Resources Administratar Date
Village Manager Signature Date
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