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Home My WebLink AboutDocumentation_Regular_Tab 20_05/14/2015 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 5/14/2015 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 Tyler Topping BUDGET / FINANCIAL IMPACT: Account #: 001-192-515.110 (Interim Pay) Amount of this item: $8.05 per hr. / 48 hr. week and 001-192-526.103 (Ed. Reimbursement) $5,000 Educational Expense Per Year Current Budgeted Amount Available: Amount Remaining after item: 001-192-515.110 N/A N/A 001-192-526.103 N/A 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 period 5/15/2015 — 5/15/2018 for Firefighter Tyler Topping APPROVALS: SIGNATU E: n / ��/ Department Head t Finance Director Reviewed for Financial Sufficiency � �� No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: �� Approve Item: [�,� ( �� . ��y� 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 r ' Village of Teques� Interim Employment Agreement � THIS AGREEMENT is made and entered into this �day of �, 2015, by and beiween the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (hereinafter referred to as �Ilage"), and TYLER TOPPING, an individual, (hereinafter referred to variously as °Employee" or "Interim Firefighter") as follows: Section 1. Duties The �Ilage 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 Village, the Village Employee Handbook, Florida Statutes and Federal laws goveming Firefighters and Emergency Medical 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 Village 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 uas needed" basis as determined in the sole discretion of the �Ilage. Interim firefighters serve at the will of the Village. 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 Condu�t 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 �Ilage'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 mod�cations, 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 Fire Chief. Nothing in this Agreement shall prevent, limit or othervvise interFere with the right of the �Ilage Manager or Fire Chief to terminate the services of the Employee. Employee agrees that he has no property rights in employrnent 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. 1 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 writh Section 4 (Termination). Seciaon 4. Tern�aination In the even4 that Employee is terminated before the expiration a# the aforesaid term of employment for reasons other than moral turpitude, the Village agrees �o pay the Employee for any accrued sick leave and vacation benefrts in accordance w'rth the provisions of the �Ilage Employee Handbook applicable to full time �Ilage employees. The Employee wi11 also be eligible for his portion of the Educ�tion Assistance Funds (defined below) that he has eamed, for a period of time up to iwelve (12) months from his date of termination. Education Assistance Funds not utilized v�rithin this twelve (12) month time frame shall be forFeited to the Village. If Employee is terminated for moral turpitude, he shall forFeit his accrued sick leave, vacation pay and educ�tion 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 fo the Village as liquidated damages. Sec�ion 5. Salary The Village will compensate Employee at the prevailing minimum wage for all hours worked during his normal wrorkweek. The normal workweek for Fire Department employees is forty-eight hours. This is based on working one hundred and forty-four (144�) hours in a twenty-one (21) day cycle. The �Ilage reserves the right to adjust the norrnal worlcvveek hours as needed and in accordance writh the Fair Labor Standards Act. Employee will occasionafly 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 norrnal hourly rate o# pay for all hours worked in excess of the normal wrork 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 �Ilage and his hourly rate of pay will be adjusted accordingly. S�ction 6e �enefts a. Vacation: Employee will receive ivvo weeks of paid vacation for each year Employee 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 writh the policies goveming such 2 usage. However, Employee will not be compensated for time off, if granted, during Employee's probationary period. �. Sick leav�: Employee is entitled to Sick Leave benefits as applied to full time Village employees and in accordance with the policies goveming such. c. Holid�y Pay: The Village will provide Holiday Pay to Employee as they vwould to full time employees and in accordance with the policies goveming such. d. M�alth and Life 9nsuranc�: Interim Firefighters are eligible for Village sponsored 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. R��irea�r�ent b�ne�ts: Employee is not eligible for Retirement Benefits. fe Educatioe� Assistance: Employee may eam up to a maxirnum of $5,000.00 per year for educ�tion assistance ("Education Assistance Fundsn). Education Assistance Funds are earr�ed 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 $�,250.U0 eamed during the next quarter, or any time during Employee's employment, and up to tvuelve (12) months after the expiration ofi this contract. Education Assistance Funds can be used for any tuition costs, book expenses or lab fees associated writh Employee's higher education. There are no restrictions on the type of courses that the Employee can affiend as these funds are to be considered Employee's money and Employee can use it for any courses, technical education or any fiype of degree Ernployee desires. If the Employee is not State o# Florida certified as a Firefighter and/or Emergency Medical Technician upon execution o# this Agreement, the Village will advanc� Education Assistance Funds to pay for these certifications for the Employee. Once Employee is �ligib/e �`o ear� fhe Educational E4ssistance Funals, #fre �llage will utilize t�►e.se fureds to reirnbur�e fhe �e��9� tor �e ei� cos� a�.sociateaf wi� obtaining the Firef�ghter and/or Eenergency Medical 7'echnician cer�cafions, After the �llage is rei►rabursed, the employee may then earn and ufiilize Education Assistance Funds for the purposes set forth above. g. Exchange of #im�: Interim firefighters are eligible to exchange time with other employees as long it is in accordance wifih 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 ha� no control over. 3 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 Agreernent 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 below, 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. ��/i c� 5 � � -ao�5 Interim Employee Signature Date .) �a��!� �_ � 1 � Department Head Signature Date �� , �7�� Human Resources Administrator Date Village Manager Signature Date 4