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HomeMy WebLinkAboutDocumentation_Regular_Tab 06_11/12/2015 � � emo To: Mayor Brennan, Mr. Couao and Village Council Members From: Chief Weinand Date: October 19, 2015 � Re: Interim Firefighter Contract for Zachary Wichert Tequesta Fire-Rescus will be losing two (2) Interim Firefighters effective the first week of November, Joshua Kitri 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 Zachary Wichert. Mr. �chert 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 Tyler Topping was in our employ and the approval of this contract will be strictly a replacement of personnel and have no new financial impact. It is respectfully requested the Interim contract for Zachary Wichert be approved, commencing on November 13, 2015 for a three year period, expiring on November 13, 2018. Once this has been accomplished, Interim Firefighter Wichert will immediately be put on the shift schedule. Thank you for your consideration. Village of Tequesta Interim Employment Agreement THIS AGREEMENT is made and entered into this 12th day of November, 2015, by and befinreen the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (hereinafter referred to as "Village"), and ZACHARY WICHERT, an individual, (hereinafter referred #o 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 funcfiions of a Firefighter I, in accordance with the jab position description attached hereto and marked as Appendix "A". Employee shall be subject to, and abide by, the Ordinances of the �Ilage, 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 Position . The Vi�lage has started an interim firefighter program to assist individuals in obtaining a career in the fire service and to assist individuals with higher education oppo�tunities. Interirn firefighters serve on an "as needed" basis as determined in the sole discretion of the Village. Interim firefighters serve at the will of the Vllage. Interim firefighters can be relieved of duty at any time fior 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 �esponsibte for compliance with General Personnel Policies and Standards af Conduct as set forth in the Village Employee Handbook. However, other than rights and benefits specifcally 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 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 mutua( 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 the Village Manager and/or Fire Chief. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Ullage Manager o� Fire Chief to terminate the services of the Employee. Employee agrees that he has no property rights in employment with the Village and does not have the right to file a grievance concerning any of the terms or conditions of this Agreement or otherwise. 1 Nothing in this Agreement shall prevent or otherwise intertere with the right of the Employee to resign his empioyment with the �Ilage, subject to the provisions with Section 4 (Terminationj. Section 4. Termination In the event that Employee is terminated befare the expiration of the aforesaid term of employment for reasons other than moral turpitude, the Village agrees to pay the Employee for any accrued sick leave and vacation bene�ts in accordance with the provisions of the Village Employee Handbook applicable to full time Viliage employees. The Employee wiil 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 (92) months from his date of termination. Education Assistance Funds not utilized within this twelve (12) month time frame shaA be forfeited to the �Ilage. If Employee is terminated for moral fiurpitude, he shall forfeit his accrued sick leave, vacation pay and education 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 to the Village as liquidated damages. Section 5. Salary The �Ilage 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 working one hundred and forly-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 occasianally 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 hnurs worked, annua! leave, sick leave and time lost due fo an on-duty injury shall be considered time worked. Employee is entitled to receive any across the board increases granted to the non- unionized �ire�ghters by the Village and his hourly rate of pay will 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 twelve-month prabationary period Employee is entitled to use Employee's vacation leave in accordance with the policies governing such 2 usage. However, Employee will not be compensated for time off, if granted, during Employee's probationary period. b. 3ick leave: Employee is entitled to Sick Leave benefits as applied to full time Village employees and in accordance with the policies governing such. c. Hotiday Pay: The �llage 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 sp�nsored health care benefits. This coverage wil( 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 not eligible for Retirement Benefits. f. Educataon Assistance: Employee may eam up to a maximum of $5,000.00 per year for education assistance ("Education Assistance Funds"). Education Assistance Funds are earned at a rate of $1,250.00 per three months of employment. Therefore, if Emptoyee works one three-month quarter under this program Employee is entitled to use the $1,250.00 earned during the next quarter, ar any time during Employee's employment, and up to twelve (12) months after the expirafiion of this contract. Education Assistance Funds can be used far any tuition costs, bvok 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 certified as a Firefighter and/or Emergency Medical Technician upon execu#ion of this Agreement, the �Ilage will advance Education Assistance Funds to pay for these cert�cations for the Employee. �nce Employee is eligible to eam the Educat�ona/ Assistance Funds, the Village will utilize these funds fo reimburse the Village for the all costs associated with obfaining the F�reflghter anal/or Emergency Medlcal Technician cert�cations. After the Viilage Is relmbursed, the employee may then earn and utilize Education Assistance Funds for the purposes set forth above. g. Exchange of time: lnterim �refighters are eligible to exchange time with other ernployees as long it is in accordance with department guidelines. This pracedure is for situations that cannot be scheduled around Emplayee's shift work, for the attendance of classes or for events that Employee has 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. Appiicable Law and Waiver of Jury Trial. This Agreement shail 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 fio either the jurisdiction or venue of such cou�ts. Further, Employee waives triai by jury if litigation is �led to enforce any terms of this Agreement. Venue shall be Palm Beach County, Fiorida. 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 fulf 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. � � � c.�l � �" erim Emplo ign e Date �� ep ent Head Signature ate Human Resources Administrator Date Village Manager Signature Date 4