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To: Mayor Brennan, Mr. Couzzo and Village Council Members
From: Chief Weinand
Date: October 1, 2015
Re: Infierim Firefighter Contract for Sean Johnson
Tequesta Fire-Rescue has recently lost our latest Interim Firefighter, Michael Gallagher. He
was hired by the Town of Palm Beach and left our employ. His departure has caused a
shortage of shift personnel on the Fire Department's roster.
Our department has developed a list of eligible employees from the most recent test we
administered in June. The next candidate eligible for hire is Sean Johnson who is currently a
volunteer with Tequesta Fire-Rescue. FF Johnson has accepted our offer of employment as
an interim under the terms of our customary Interim Firefighter Contract. The position has
previously been budgeted for when Michael Gallagher was in our employ and the approval of
this contract will be strictly a replacement of personnel.
It is respectFully requested the Interim contract for Sean Johnson be approved, commencing
on October 9, 2015 for a three year period, expiring on October 9, 2018. Once this has been
accomplished, Interim Firefighter Johnson will immediately be put on the shift schedule.
Thank you for your consideration.
Village of Teques#a.
Interim Employmer�t Agreement
THIS AGREEMENT is made and entered into this 8th day of October,
2015, by and between the ViLLAGE OF TEQUESTA, a municipal corporation of the
State of Florida {hereinafter referred to as "Viqage"), and Sean Johnson, an individual,
(hereinafter referred to variously as "Employee" or °Interim Firefrghter") as foflows:
Section 1. Duties
The Village hereby agrees to hire Employee as an tnterim 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 governing 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 Posi#ion
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 seroe on an "as needed" basis as determined in the sofe discretion of
the Village. Interim firefighters serve at the will of the Village. Interim #irefighters can be
relieved of duty a# 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 Manual at the time of initia{ employment.
Interim firefighters are responsible for compliance with General Personnel Policies and
Standards of Conduc# 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,
bu# 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 additionat 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 will serve at the pleasure of #he
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
employment with the Viliage and does not have the right to file a grievance conceming
any of the terms or conditions af this Agreement or otherwise.
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Nothing in this Agreement shaA prevent or otherwise in#erfere with the right of the
Employee to resign his employment with the Village, subje�t 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 turpifiude, the Viliage agrees to pay the
Employee for any accrued sick leave and vacation benefits in accordance with the
provisions of the Viliage Employee Handbook applicable #o 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 twelve (12) months from
his date of termination. Education Assistance Funds no# utilized within this twelve (12)
month tirne frame shall be forfeited to the Village.
If Empioyee is terminated for moral turpitude, he shall forfeit his accrued sick leave,
vacation pay and education assistance funds.
If the Ernployee 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 to the Village as liquida#ed damages.
Section 5. Salary
The Village will compensate Employee at the prevailing minimum wage for all hours
worked during his normat workweek. The norma( workweek for Fire Department
employees is forty-eight hours. This is based on warking one hundred and forty-four
(144) hours in a finrenty-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.
Emptoyee will occasionally 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
the purpose of computing hours worked, annual teave, 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 Vi(lage and his hourly rate of pay wili be adjusted
accordingly.
Section 6. Benefits
a. Vacation: Employee will receive two weeks of paid vacation for each year
Employee is employed under this interim program. At the successful completion
of Employee's finrelve-month probationary period Employee is entitled to use
Employee's vacation feave in accordance with the policies governing such
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usage. However, Empioyee will not be compensated for time off, if granted,
during Employee's probationary period.
b. Sick feave: Employee is entitled to Sick Leave benefits as applied to fuli 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 governing such.
d. Health and Life Insurance: Interim Firefighters are eligible for Village
sponsored health care benefits. This coverage wiN 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 nofi eligible for Retirement Benefits.
f, Education Assistance: Employee may eam up to a maximum of $5,OOQ.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 Empfoyee works one three-month quarter under this
program Employee is entitled to use the $1,250.00 earned �during the next
quarter, or any #ime during Employee's employment, and up to twelve (12)
months after the expiration of this cvntract.
Education Assis#ance 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 Empioyee desires.
If the Employee is not State of Florida certified as a Firefighter and/or Emergency
Medical Technician upon execution of this Agreement, the Vitlage will advance
Education Assistance Funds to pay for these certifications for the Employee.
�nce Employee is eligible to earn the Educational Assistance Funds, the
Vilfage will ufilize these funds to reimburse the Vlllage for the all costs
assoclated wifh obtaining the Fireflghter and/or Emergency Medical
Techniclan certiftca�lons. After the Village is reimbursed, the emplayee 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 guidefines. 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 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
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.
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 �al, and agrees to accept the terms of Interim Employment
described herein. ,
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-' -Pnterim Employee S' ature ! y ate
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ent Head Signature Date
Human Resources Administrator Date
Village Manager Signature Date
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