HomeMy WebLinkAboutDocumentation_Regular_Tab 04_08/13/2015 Yillage of Tequesta
� Interim Empioyment Agreement
THIS AGREEMENT is made and entered into this 13 day of August,
2015, by and between the VILLAGE OF TEQUESTA, a municipai corporation of the
State of Florida {hereinafter referred to as "Village"), and JOSHUA KITZI, an individual,
(hereinafter referred to variously as "Employee" or "Interim Firef�ghter") as follows:
Section 1. Duties
The Village hereby agrees to hir�e 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 shal! be subject to, and abide
by, the Ordinances of the Village, the Village Employee Handbook, Florida Statutes and
Federal taws goveming Firefighters and Emergency Medical Technicians. Employee
agrees to perform duties and responsibil�ies 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 Vitlage has started an interim fir�ghter program to assist individuals in obtaining a
career in the fire service and to assist individuals wi#h higher education opportunities.
• Interim firefighters serve on an "as needed" basis as determined in the sole discrefion of
the Village. Interim firefighters serve at the wiil of the Village. Interim flrefighters can be
relieved of duty at any time for any reason or no reason.
Interirn firefighters will receive a copy of the Village Employee Handbook and the Fire-
Rescue Department's Policy and Procedure Manua{ at the time of initiat employment.
Interim firefighters are responsible for compliance with General Personnel Policies and
Standards of Conduct as set forth in the �Itage Employee Handbook. However, other
than rights and benefits spec�cally 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 timited 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 thr� (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 #o any provision of #his Agreement can be implemented without express
written agreement being executed by both parties.
Employee agrees tha# 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 r+ght of the VAage Manager or Fire Ghief to terminate the
• services of the Employee. Employee agrees that he has no property rights in -
employment with the �Ilage and does not have the right to �ile a grievance conceming
any of the terms or conditions of this Agreement or otherwise.
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• Nothing in this Agreement shall prevent or otherwise interfere with the right of fihe
Employee to resign his empioyment with the Village, subject to the provisions with
Se�tion 4 (Termination).
Section 4. Termina#ion
!n the event that Empioyee is terminated befoce the expiration of the aforesaid 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
provisians of the Village Empfoyee Handbook appticable to futt time Village employees.
The Employee will also be eligible for his portion of the Education Assistanc:e Funds
(defined below) that he has earned, for a period o# time up to twelve (12) months from
his date of termination. Educa#ion Assistance Funds not utilized within this fiaelve (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 education assistanc� funds.
If the Employee volurrtarily resigns from the position of interim firefighter prior to the
expiration of this agreement, Employee shall forfeit alt accrued sick leave, vacation pay
and education assistance funds to the Village as liquidated damages.
Seci�on 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 wor�cing one hundred and forty-four
(144) 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,
Employee will occasiona{!y 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
normal hourly rate of pay for all hours worked in excess of the normal work cycle. For
#he purpose of computing hours worked, annual leave, sick leave and time lost due #o
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 Viliage and his hourly rate of pay will be adjusted
accordingly.
Section 6. Benefits
a. Vacstion: Employee will receive #wo weeks of paid vacation fior each year
Employee is empioyed under this interim program. At the successivl completion
of Employee's finreive-month probationary period Employee is entitled to use
• Employee's vacation leave in accordance with the policies governing such -
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usage. However, Empioyee wil{ not be compensated for time off, if grarrted,
• 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 Emplayee as they woufd to
fulf time emplayees and in accordance with the policies goveming such.
d. Health and Life tnsurance: Interim Firefighters are eligib�e for Viliage
spansored health care benefits. This coverage wili be identical #o the caverage
plan offered to non-unionized employees.
life insurance i� provided, but onty to the extent that is required by law.
e. Retirement benefits: Employee is not eligible for Retirement Benefits.
f. Education Assistance: Empfoyee may eam up to a maximum o# $5,000.00 per
year for edu�tion assistance ("Education Assistance Funds"). Education
Assistance Funds are eamed at a rate of $1,25Q.00 per three months of
employment. Therefore, if Empioyee worlcs one three-month quarter under this
program Employee is entitled to use the $9,250.U0 samed during the next
quarter, or any time during Employee's employment, and up to twelve (12)
months after the expiration of this co�tract.
� 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 caurses that the Employee can attend as these funds are to be
considered Emptoyee's money and Employee can use it for any courses,
technical education or any type of degree Employee desires.
!f the Employee is not State of Florida certified as a Firefighter and/or Emergency
Medical Technician upon execution of this Agreement, the �llage wifl advance
Education Assistance Funds to pay for these certifications for the Employee.
Once Employee is eligib/e to earn the Educationat Assistance Funds, the
�Ilage will utflize these funds to reimburse the Village fer the all cosfs
associated wrth obtaining the Ffreffghter and/or Emerge�cy Medical
Technician certifications. After dte �llage is reimbursed, the employee may
then earn and utilize Education Assistance Funds for the purposes set forth
above.
g. Exchange of time: Interim fire�ghters are eligible to exchange time with other
ernployees 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 controf
over.
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h. incentive Pay: Based on the department needs, the Fire Chief will determine
� whether or not a certified lnterim Fire Fighter shall receive the Dive pay and the
State Certified Inspector pay.
Section 7. Appiicable Law and Waiver of Jury Trial.
This Agreernent sha11 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 #erms of this Agreement.
Venus shall be Palm Beach County, Florida.
Section 8. Severabiiity. .
ff any terms or part of this Agreement shall be determined to be invalid, illegal, or
unenforceabie in whole or in part by a court of compe#ent �urisdiction, the vaiidity 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 sha[I be
construed to be valid and enforceable to the full e�ctent permitted by law.
Section 9. Acknowledgment
By signature below, Employee acknowledges that he has read this �qreement and has
received a copy of the ViHage Emptoyee Handbook and the Fire-Rescue Department's
� Policy and Procedure Manual, and agrees to accept the terms of Interim Emptoyment
described herein.
. A � � �,
tnterim Employee ' nature Date
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ent Head Signature ate
Human Resources Administrator Date
Village Manager Signature Date
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