HomeMy WebLinkAboutDocumentation_Regular_Tab 19_12/11/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: �
December 11, 2014 , • . - .;
Consent Agenda: No Resolution #: �
Originating Department: Fire
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
INTERIM FIREFIGHTER CONTRACT REVISION IN COMPLIANCE WITH HEALTHCARE LAW EFFECTIVE
10/1 /2015
BUDGET / FINANCIAL IMPACT:
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: �: �� _> � �,���� Appropriate Fund Balance ;� ;�-� ,
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
In compliance with the Affordable Healthcare Act, it is requested the Interim Firefighter contract �
template be revised to include healthcare coverage as well as educational funding effective 10/1/2015.
APPROVALS: SIGN TURE:
Department Head �-'� j� �
Finance Director - �
Reviewed for Financial Sufficiency � ^���-�-
No Financial Impact ❑ - - �
Attorney: (for legal sufficiency) (see attached email)
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
Memorandum
To: Michael Couz a�c� Village Council
From: James Weinan � �
Date: 11/19/2014
Re: Interim Firefighter Contract Revision in Compliance with
Healthcare Law Effective 10/1/2015
Approval of the attached Interim Firefighter contract template is
requested for all future Interim Firefighters commencing October l,
2015 in order to be compliant with the Affordable Healthcare Act.
This revision to the Interim Firefighter contract will include
healthcare coverage as well as educational funding effective
10/1/2015.
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Nawrocki, Pat
From: Reid, Merlene
Sent: Wednesday, November 19, 2014 8:44 AM
To: Nawrocki, Pat
Subject: FW; Interim Firefighter Agreement
Attachments: Intern Firefighter Contract - Draft for Dec 2014 Council Meeting.doc
Here you go. cmail k�eiow should serve as attorney �pprov,:,l.
Merlene
From: Lucille Turner [mailto:LETurner@carson-adkinslaw.com]
Sent: Tuesday, November 18, 2014 4:16 PM
To: Reid, Merlene
Subject: Interim Firefighter Agreement
Merlene —
We have reviewed the Revised Interim Firefighter Employment Agreement. The agreement is (egally sufficient.
Lueille E. Turner LETurner@carson-adkinslaw.com
Carson & Adkins 850-894-1009
2930 Wellington Circle, Suite 201 850-894-1677 fax
Tallahassee, FL 32309 850-322-7063 cell
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.
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Village 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 °Employeea or "Interim Firefighte�') 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 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 Village Employee Handbook, Florida Statutes and
Federal laws goveming Firefighters and Emergency Medicat 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 �Ilage Manager.
Section 2. Description of Position
The Village 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 Village. Interim firefighters senre at the will of the �Ilage. 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 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 wrill 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
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employment with the Village and does not have the right to file a grievance conceming
any of the terms or conditions of this Agreement or otherwise.
Nothing in this Agreement shatl prevent or othervvise interFere with the right of the
Employee to resign his employment with the �Ilage, 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 Viliage Emptoyee Handbook applir.able to full time Village employees.
The Employee will also be eligible for his portion of the Education Assistanee Funds
(defined below) that he has eamed, for a period of time up to twetve (12) months from
his date of termination. Educ�tion Assistance Funds not utilized within this twelve (12)
month time frame shall be forfe�ed to the Village.
If Employee is terminated for moral turpitude, he shall forfeit his accrued sick leave,
vacation pay and education assistanc� funds.
If the Employee voluntarily resigns from the position of interim firefighter prior to the
expiration of this agreement, Employee shall forfei# all accrued sick leave, vacation pay
and educ�tion assistance funds to the Village as liquidated damages.
Section 5. Salary
The Village will compensate Employee at the prevaifir�g minimum wrage for all hours
worked during his normal workweek. The normal workweek for Fire Department
employees is forty-eighfi hours. This is based on working one hundred and forty-four
(144) hours in a iwenty-one (21) day cycle. The Village resen+es 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 �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 exc�ss of the normal work cycle. For
the purpose of computing hours worked, annual leave, sick feave 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 �Ilage and his hourly rate of pay w+ill be adjusted
accordingly.
Sectian 6. Ben��its
a. Vacation: Employee will receive tHVO weeks of paid vacation for each year
Employee is employed under this interim program. At the successful completion
of Employee's tvvelve-month probationary period Employee is entitled to use
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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.
s�. F?ealth and Life Insurance: Interim Firefighters are eligible for Village
��;�nsored health care benefits. This coverage will be identical to the coverage
plan offered to non-unionized employees.
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: Employee may 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.
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.
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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 lawrs o# 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. Sev�rability.
If any terms or part of this Agreement shall be determined ta be invalid, illegal, or
unenforceable in whole ur 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 enforceabie to the full extent permitted by law.
Section 8. Acknowledgment
By signature below, Employee acknowledges that he has read this Agreement and has
received a copy of the �Ilage Employee Handbook and the Fire-Rescue Department's
Policy and Procedure Manual, and agrees to accept the terms of Interim Employment
described herein.
Interim Empfoyee Signature Date
Department Head Signature Date
Human Resources Administrator Date
�Ilage Manager Signature Date
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