HomeMy WebLinkAboutDocumentation_Regular_Tab 05_01/09/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: N/A
01 /09/14
Consent Agenda: Yes Resolution #: N/A
Originating Department: Fire
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Approval requested of Interim Employment Agreement for Firefighter Cameron May
BUDGET 1 FINANCIAL IMPACT:
Account #: Amount of this item:
001-192-515.110 Interim Pay $7.79 per hr./48 hrweek
001-192-526.103 Educational Reimb. $5,000 Educational Expense per year or
001-192-523.101 Life/Health Insurance Employee Only Health Insurance Coverage
Current Amended Budget: Amended Budget after item:
N/A — Position is budgeted N/A-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 item)
Approval requested of Interim Employment Agreement for three (3) years for Firefighter Cameron May
for period 12/13/13-12/13/16.
APPROVALS: G TU :
Department Head
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact ❑ dQ -�
Attorney: (for legal sufficiency) '�'
Village Manager:
Submit for Council Discussion: ❑ ��l �'�}
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 Employment Agreement
THIS AGREEMENT is made and entered into this 12�" day of December, 2013,
by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of
Florida (hereinafter referred to as "Village°), and CAMERON �flAY, an individual,
(hereinafter referred to variously as "Employee° or °Interim Firefighte� as follows:
Section 1. Du�es
The �Aage hereby agrees to hire Employee as an Interim Firefighter fio 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 �Ilage, the �Ilage Employee Handbook, Floride Statutes and
Federal laws governing Firefighters and Emergency Medic�l Technicians. Employee
agrees ta perform duties and responsibilities hereunder and such other reasonable
duties and responsibilities as are assigned to him from time to time by the Fre Chief
and/or the Village Manager.
Section 2. Description of Position
The Village has start� an interim firefighter program to assist individuals in obtaining a
career in the fire service and to assist individuals writh higher educ�tion opportunities.
Interim firefighters senre on an "as needed° basis as determined in the sole discretion of
the Vllage. Interim firefighters serve at the wilt of the V'illage. 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 employmenfi.
Interim firefighters are responsible for compliance with General Personnel Policies and
Standards of Conduct as set forth in the Village Employee Handbook. Howe�er, other
than rights and benefits specifically listed in this Agreement, interim firefighters are not
entitled to any right� or benefits set forth in the �Ilage's Employee Handbook, including,
but not timited to, any grievance procedure rights.
Section 3. Term
This Agreement sha{I commence as of the date her�f and shall remain in effect for a
period of three (3) years. This Agreement cgn 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-wrill 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
emp4oyment writh the �Ilage and does not have the right to file a grievance conceming
any of the terms or cond'rtions of this Agreement or othenwise.
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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. Termination
In the event that Employee is terminated before the expiration of the a#oresaid term of
employment for reasons other than moral turpitude, the �Ilage 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 eamed, for a period of time up to iwelve (12) months from
his date of termination. Educ�tion Assistance Funds not utilized writhin this twelve (12)
month time frame shall be forfeited to the �Ilage.
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 shalt forFeit all accrued sick leave, vacation pay
and education assistance funds to the Village as liquidated dam�ges.
Section 5. Salary
The Village will compensate Employee at the prevailing minimum wage 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 forly-four
(144) hours in a fin�enty-one (21) day cycle. The Village reserves the right to adjust the
normal workwieek hours as needed and in accordance with the Fair Labor Standards
Act.
Employee will occasionally be needed to work extra hours. The �Ilage 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 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
Emptoyee 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 goveming such
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usage. However, Employee will not be compensated for firr�e 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 goveming 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 goveming such.
d. Health and Life Insurance: Interim Firefighters are not automatically eligible for
Village sponsored health 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 educationat 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 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 ben��its: 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 eam up to a maximum of $5,000.00 per year for
education assistance ("Education Assistance Funds°). Education Assistance
Funds are eamed 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 eamed 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 c�n 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 V'illage will advance
Education Assistance Funds to pay for these certifications for the Employee.
Once Employee is eligib/e to earn the Educationa/ Assistance Funds, the
�llage will utilize these funds to reimburse the �llage for the all costs
associated with obtaining the Fire�ghter and/or Emergency Medical
Technician cert�cations. After the Village is reimbursed, the employee may
then eam and utilize Education Assistance Funds fo� the purposes set forth
above.
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g. Exchange of t�m�: 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 rannot be scheduled around Employee's shift
work, for the attendance of classes or for events that Employee has no control
over.
h. Incgntive Pay: Based on the department needs, the Fire Chief will determine
whether or not a cert�ed Interim Fire Fighter shatl receive the Dive pay and the
State Certified Inspector pay.
Section 7. Applicable Law and Waiver of Jury Trial.
This Agreement shall be govemed by and construed pursuant to the laws of the State of
Florida. Employee irrevocably submits to the jurisdi�tion 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 �f 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
unenforc�able 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.
Sec�ion 9. Acknowledgm�nt
By signature belowr, 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 Proc�dure Manual, and agrees to accept the terms of Interim Employment
described herei .
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nt ' pl ' at e Date
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/�/d /
rtment Hea Signature Date
Human Resources Administrator Date
Village Manager Signature Date
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