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To: Mayor Brennan, Mr. Couzzo and �!lage Council Members
From: Chief Weinand
Date: October 19, 2015
Re: Interim Firefighter Contract for Ryan Sweeney
Tequesta Fire-Rescue will be losing two (2) Interim Firefighters effective the first week of
November, Joshua Kitzi and Tyler Topping. They were hired by Martin County and will be
leaving our employ. Their 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 Ryan Sweeney. Mr. Sweeney
has accepted our offer of employment as an interim Firefighter under the terms of our
customary Interim Firefighter Contract. The position has previously been budgeted for when
Joshua Kitzi was in our employ and the approval of this contract will be strictly a repfacement
of personnel.
It is respectfully requested the Interim contract for Ryan Sweeney be approved, commencing
on November 13, 2015 for a three year period, expiring on November 13, 2018. Once this has
been accomplished, Interim Firefighter Sweeney will immediately be put on the shift schedule. .
Thank you for your consideration.
Vlllage of Tequesta
Interim Empioyment Agreement
THIS AGREEMENT is made and entered into this 12TM day of November,
2015, by and between the VILLAGE OF TEQUESTA, a municipal corporation of the
State of Fiorida (hereinafter referred to as "Village'�, and RYAN SWEENEY, an
individuai, {fiereinafter refierred to variously as "Employee" or "Interim Firefighter") 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 wfth the job position description
attached hereto and marked as Appendix "A". Empioyee shall be subject to, and abide
by, the Ordinances of the Viilage, the Village Employee Handbook, Fiorida Statutes and
Federai laws goveming Firefightars and Emergency Medical Technicians. Empioyee
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 Viliage Manager,
Section 2. Descrip�on of Position
The Village has started an interim fireflghter program to assist individuals in obtaining a
career in the fire service and to assist individuals with higher education opportunities.
Interim flrefighters serve on an "as needed" basis as determined in the sole discretion of
the Village. 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.
Inter(m firefighters will receive a copy of the Village Empioyee Handbook and the Fire-
Rescue DepartmenYs Poiicy and Procedure Manual at the time of initial employment.
Interim firefighters are responsible for compliance with Generai Pe�sonnei Policies and
Standards of Conduct as set forth in the Village Employee Handbook. However, other
than rights and bene�ts specifically listed in this Agreement, interim flrefighters are not
entkied 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 shal! 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-wiii employee and will 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 tertninate the
services of the Emptoyee. Employee agrees that he has no property rights in
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emptoyment with the Viliage 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 shali prevent or otherwise interFere with the right of the
Employee to resign his employment with the Village, subject to the provisions with
Section 4 (Termination).
Section 4. Termination
In the event that Empioyee is terminated before the expiration of the aforesaid term of
employment for reasons other than morai turpitude, the Viliage agrees to pay the
Employee for any accrued sick leave and vacation benefits in accordance with the
provisions of the Village Employee Handbook applicable to full time Village employees.
The Employee wiil aiso be eligible for his portion of the Education Asslstance 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 not utilized within this tweive (12)
month time frame shall be forFeited to the Village.
If Empioyee is ferminated for moral turpitude, he shall forfeit his accrued sick leave, -
vacation pay and education assistance funds.
If the Employee voluntarity resigns from the position of interim firefighter prior to the
expiration of this agreement, Employee shall forteit ali accrued sick leave, vacation pay
and education assistance funds to the Village as liquidated damages.
3ecfion 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
empioyees 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
normal workweek hours as needed and in accordance with the Fair Labor Standards
Act.
Employee wili occasionally be needed to work extra hours. The Village provides
compensation for extre hours worked at a rate of one and one-half (1-1l2) times the
normal houriy rate of pay for ali hours worked in excess of the normal work cycle. For
the purpose of compuGng hours worked, annual leave, sick leave and time lost due to
an on-duty injury shal{ be considered time worked.
Emptoyee is entttied to receive any across the board increases granted to the non-
unionized firefighters by the Village and his hourly rate of pay will be adjusted
accordingly.
Section 6. Benefits
a. Vacation: Employee wi�l receive two weeks of paid vacation for each year
Employee is employed under this interim program. At the successfui completion
of Employee's twelve-montt� probationary period Employee is entitled to use
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Empioyee's vacation leave in accordance with the policies goveming 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 appiied to full time
Village employees and in accordance with the policies goveming such.
c. Holiday Pay: The Viilage wiil provide Holiday Pay to Employee as they would to
full time empioyees and in accordance with the policies goveming such.
d. Heatth and Life Insurance: Interim Firefighters are eligible for Village
sponsored heaith 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. Retlrement beneRts: Employee is not eligible for Retirement Senefits.
f. Educatlon Assistance: Employee may earn up to a maximum of $5,000.00 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 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 certifled 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 elfgible to eam the EducaHonal Assistance Funds, the
Vlilage will utilize these funds to refmburse the Village for the a/! costs
assocfated wlth obteining the Flref3ghter aad/or Emergency Medfca/
Technlcfan certl/fcations. After tf►e V/l/age is r�efmbursed, the employee may
then earn and utilize Educatfon Assistance Funds for the purposes set forth
above.
g. Exchange of tims: Interim flr�ghters are eligible to exchange time with other
empioyees 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 ciasses or for events that Employee has no control
over.
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h. Incentive Pay: Based on the department needs, the Fire Chiet wiU determine
whether or not a certified Interim Fire Fighter shali receive the Dive pay and the
State Certified Inspector pay.
Section 7. Applicable Law and Waiver of Jury Trlat.
This Agreement shati 6e govemed by and construed pursuant to the laws of the State nf
Florida. Empfoyee irrevocably submits to the jurisdiction of such courts and waives any
objectlon it may have 4o either the jurisdiction or venue of such courts. Further,
Employee waives trial by jury if litigation is filed to enforce any tertns of this Agreement.
Venue shall be Palm Beach County, Florida.
Section 8. Severabllity.
If any terms or part of this Agreement shal) be determined to be invalid, iilegal, or
unenforceable in whole or in part by a court of competent jurisdiction, the vaiidity of the
remaining part of such term or the validity of any other term or provision of this �
Agreement shaii 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 Ffre-Rescue DepartmenYs i
Policy and Procedure Manuai, and agrees to accept the terms of Interim Employment i
described herein. ;
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Intenm Employ e Signatu Date i
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artment Head Signa re Da i
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, Human Resources Administrator Date
Village Manager Signature Date
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