HomeMy WebLinkAboutDocumentation_Regular_Tab 03_08/13/2015 Village of Tequesta
lnterim Employmerrt Agr�emsnt
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THIS AGREEMENT is made and entered into this 13th day of
Au�usE,., . 2015, by and befiNeen the VILlAGE 4F TEQUESTA, a municipai
corporation of the State of F{orida (hereinafter referred to as "Viilage"), ar� AAtCHAEL
GAI..LAGHER, an individual, (hereinafter referred to variously as "Emplayee" or "tnterim
Fir�f'ighter") as follows: -
Section 1. Duti�
The Village hereby agrees to hire Employee as an Interim Firefighter to perform the
duties and func�ior�s of a Firefighter 1, in accordanc� with �e job position description
attached hereto and marked as Appendix "A". Empioyee shal! be subject to, and abide
by, the Ordinances of the Vi#tage, tt�e Viliage Employee Handbook, Florida Statutes and
Federal Iaws gaverning Firefigh#ers and Emer�ency Medicai 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 fihe Vitiage Manager. �
Section 2. Oescrip�on of Pasl�on
The Village has sfarted an interim firefigghter program to assist individuals in obtainmg a
career in the �re service and to assis# individwals with higfier education opportuni#ies.
• irrterim �r+efighters serv� on an "as r�eeded" basis as determined in the sole disccetion of
the Viliage. in#erim firefighters serve at the wii! of the Village. inter�m �rrefighters can be
rei�ved of duty at any time for any reason or no reason.
interim firefi�ghters will receive a copy of the Village Employee Handbook and t�e Fire-
Rescue DepartmenYs Poiicy and Procedure Manual at the time of initial �nplayment.
IMerim fire�ighters are responsibie for compiiance writh Generai Personnei Policies and
Standards of Conduct as set fo�th in the Viila�ge Employee Handbook. However, other
than rights and benefits spec'�'icalty listed in this Agreemen#, ir�terim flrefighters are not
entit�ed fio any rights or benefits set forth in the Vitlage's Empioyee Handb�k, including,
but not iimited to, any grievance procedure rights.
3ection 3. Term
This Agreement shall commence as o# the date hereof and shall remain in efFect for a
period of three (3j years. This Agreement can be renewed for an additianal three (3)
year term 6y mu#ual consent of both parties. Na modificatia�s, changes or
amendments to any provision of this Agreement can be implemented without express
written agresment being executed by both par#ies.
Employee agrees that he is an at-will emptoyee and will senre at the pteasure of the
�Ila�e Manager and/or Fire Ghief. No�ing in this Agreement shall prevent, limit or
otherrhrise interfere with the right of the Village Manager ar Fire Chief to terminate the _
senrices of the Ernployee. Emptoyee agrees that he has no property rights in
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employment with the �ilage and doss not have the right to fite a gr�vanoe conceming
any of the terms ot conditions of �is Agr�ment or otherwise.
� Nothing in this Agreement shali prevent or othervvise interfere with the ' ht of the
Empioyes to resign his employment with the �ila �
Seation 4(Termination). 9e� subject to the provisions with
Section 4. Termination
In the event that Employee is #erminated before the expiration of the aforesaid term of
emptoyment for reasons other than moral turpitude, the Vitlage agrees to pay the
Emplayee for any accrued sicic leave and vacation benefits in ac�orciance with the
provisions af the Village Employee Handbook applicable to futl time ViNage employees.
The Employee will also be eligibie for his portion of the Education Assistancg Funds
(de�in�! below) that he has earned, for a�riad ofi time up to iweive (92) months firom
his date of termination. Educa�on Assistance Funds not utilized w�hin this fv�►elve (12)
manth tirne frame shail be for�e�ed to the Village.
If Empioyee is terminated for moral turpitude, he shali forfeit his accrued sick leave,
vacation pay ar�i education assistance funds
If the Ernployee voluntarily resigns from the position of interim flrefighter prior to #he
expiration of this agn;ement, Employee shaN forteit ai! accrued sidc ieave, vacation pay
and educatian assistance funds to the Viliage as fiquidated damages.
Sechon 5. S�alary
• The VilEage will compen�afie Employee at the revailin minimum wa
p 9 ge far atl hours
worked during his normal workweek. The normal wc�rkweek for Fire Department
emplvyees is forty-eight hours. This is 6ased on working one hundred and forty-four
(944) fiours in a tvu�enty-one (21} day cycle. The Vitiage reserves the r�ght to adjust the
normal wark�k hou�s as ne�led and in accordance with the Fair �.abar Standards
Act.
Employee will occasionaity be needed to work extra hours. The �ltage provides
compensation for extra hours worked at a rate of one and one-i�atf (1-1J2) #imes the
normal hourly ra#e of pay for ail hours work�! in excess of the normal work cycle. For
the purpose af c�mputing hou�s worked, annual leave, sick leave and �me lost due to
an on-duty injury st►alt be c�nsidered �me wo+�ced.
Empioyee is entitled to receive any across the board incr�ases grar�ted to the non-
unionized firefighters by the Vitlage and his hourly rate of pay wip be adjuste.c!
accordingly.
Sect�on 6. Benefi�
a. Vacation: Empfoyee wilf receive two weeks of paid vacation for each year
Employee is emptoyed under this inter�m program. At the successful completion
o# Employee's twelve-month probationary periad Employee is enti�ed to use
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Employee's vacabon leave in accordance with the poticies goveming such
usage. However, Employee will not be compensated for time off, if granted,
• during Empioyee's probationary period.
b. Siek leave: Employee is entitled to Sick Leave benefits as appiiec! to ful! time
Village emptoyee.s and in accordance with the policies goveming such.
c. Hotiday Pay: The �fiage wifl provide Holiday Pay to Employee as they woufd to
full time empfoyees and in aca4rdance with the policies goveming such,
d. Health and Life Insurance: lnterim Firefighters are elig�ble for V�Aage
spansor�ed heatth care benef'�ts, This coyerage wilt be identical to the coverage
plan offered to non-unionized employees.
Life insurance is provided, bcrt only to the extent that is required by law.
e. Re�rement beneRtg: Empfoyee is not eligible for Retiremerrt Benefrts,
f. Education Assistance: Employee may earn up to a maximum of $5,QOQ.00 per
year for educac�tion assistanc� ("'Education Assistance Funds"}. Educat�
Assisfiance Funds ace earned a# a rate of $1,254.00 per three munths of
ernp�oyment. Therefioce, if Employee works one three-month quarter under this
program Empioyee is entitled ta use the $1,250.� eamed during the next
quarter, or any time during Employee's employment, and up #a twelve (12}
months after the expiration of this c�ontract.
• Education Assistance Funds can be used for any tufion costs, book e�enses or
lab #ees associafi� with Employee's higher education. There are no res#rictions
on the type of courses that the Emptoyee can attend as #hese funds are to be
considered Employse's money and Employee can use it for any courses,
t,�chnical education or any type of deg� Employee desires.
lf tfie Employee is not State of Florida cert�ed as a Firefighter andlor Emergency
Medical Technician upon e�recuNon of this Agreement, the Village will advance
Education Assistanc� Funds to pay for tt�ese certificafions for the Employ�,
Once Emptoyee is eligible i�a eam tbe Educat/ane/ Ass/atance Funds, ifie
Village wil► ublf�e tJ►a�se funds to reimbur�e ihe Vlllage for �Ite all casta
assocfated wfdt ob#afning the Fir�flghi�srr ae��Vor Emergency 14lsclica/
TechnJcian cerEiffcaiioRS. Afi+ar !�e V�liage is r++affmbutsed, the emptoyee may
then eam and utilize Education Assistance Funds i�ar #he purposes set forth
above.
g. Exchan� of time: tnterim firefighters are etigible to exchange time with other
employees as long it is in accordance wi#h departmerrt guidelines. This
proc�dure is for situations that cannot be scheduled around Employee's shift
work, for the attendanc:e of classes or for events that Employee has no cantrof
over.
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h. Incentive Pay: Based on the departmen# needs, the Fire Chief wiii defiermine
whether �r not a ce�ti�ed tnterim Fire �ighter shall receive the Dive pay and the
• �tate Certified tnspec#ar pay.
Section T. Applicabfe Law and Waiver of Jury Trial.
This Agreement shali be governed by and construed pursuant ta the iaws of the State af
Flvrida. Empiayee irrevocably submits to the jurisdiction of such courts and waives any
abjection it may have to eitfter the jurisdiction or venue of such courts. Further,
Emptoyee w�ives tri�1 by jury if litigation is filed to enfarce any terms of tF�is Agreement.
Venue shall be Paim Beach County, Florida.
Si@Ct�411 $, S@V@#"a�?i�ltjl.
tf any terms or part of this Agreement shall be determined ta be invafid, iilegai, or
unenforceabte in whote or in part by a court of competent jurisdiction, ifie valid'rty of the
remaining part of such term or the va#idity of any ather terrn or provision of this
Agreemen# shall not in any way be affected. All provisions af this Agreement shall be
canstrued to be valid and enforceabte ta the full extent permitted by 1aw.
Sec�ian 9. Acknowiedgment
By signature below, Employee acknowledges that he has read this Agreement and has
received a copy af the Ullage Employee Handbook and the Fire-Rescue Depa�tmen#'s
Policy and Procedure Manuat, and agrees to ac�ept the terms af Interim Employmen#
described herein. �'
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Interim E yee S�g #u e Date
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� e artment Head Sigr�ature Date
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Muman Resources Administrator Date
Vitlage Manager Signature Date
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