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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_10/11/2007VILLAGE OF TEQUESTA MEETING AGENDA ROUTING SHEET MEETING DATE: October I I, 2007 REQUESTED ACTION/SUMMARY: Renewal of Interim Firefighter Shea Thomason's contract for the period 6/28/07 to 6/27/09. RESOLUTION OR ORDINANCE NUMBER: Res # 06-07/08 ORIGINATING DEPARTMENT: Human Resources FUNDING SOURCE: 2007/2008 BUDGET Ord # ACCOUNT NUMBER: 001-192.515.110 - $33,700.00 001-192.526.103 - 15,800.00 $49,500.00 CURRENT BUDGETED AMOUNT AVAILABLE: $49,500.00 AMOUNT OF THIS ITEM: $21,997.00 AMOUNT REMAINING AFTER THIS ITEM: $27,503.00 BUDGET TRANSFER REQUIRED: _Yes X No APPROPRIATE FUND BALANCE: Yes X No Piggyback Contract Name and #: Or Competitive Bid # APPROVALS: DEPARTMENT HEAD: FINANCE DIRECTOR: VILLAGE MANAGER ~- // VILLAGE MANAGER RECOMMENDATION: APPROVE ITEM: ^ DENY ITEM: ^ VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY ^ Yes ^ No ^ Not Applicable (n/a) Reid, Merlene From: Weinand, James Sent: Monday, September 24, 2007 8:54 AM To: Reid, Merlene Subject: Shea's contract Merlene, I have $ 16,997.00 in account # 001.192. 515.110 (Interim Firefighter Pay) and $5,000.00 in 001.192. 526.103 (Education Reimbursement Program) budgeted for Shea in the FY 07/08 Budget. The salary will change is the Village gives a COLA and/or merit increase. Jlm Memo To: Michael R Couzzo, Jr., Village Manager ~. From: Merlene Reid, HR Manager ~~. Date: September 20, 2007 Re: Contract Renewal -Interim Firefighter Shea Thomason Shea Thomason's 2-year contract expired on June 28, 2007. Mr. Thomason, through his department had made a request to apply his future educational assistance of $5,000 per annum towards the purchase of individual health insurance. This request was subsequently withdrawn. The Human Resources department is therefore recommending that his contract with the Village be renewed for an additional term of 2 years, under the terms and conditions of the Interim program. A copy of the expired contract, along with the contract to be renewed, is attached. There are currently 2 interim firefighters employed by the Village, without whose services, the Fire department would be obliged to hire qualified firefighters to meet their mandatory staff complement. RESOLUTION NO. 06-07/08 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, TO RENEW INTERIM FIREFIGHTER SHEA THOMASONS CONTRACT FOR THE PERIOD 6/28107 TO 6/27109 WHEREAS, Shea Thomason's 2-year Interim Firefighter Agreement expired on June 28, 2007; and WHEREAS, the Interim Agreement provides for the renewal for an additional term by mutual consent of both parties; and WHEREAS, the Village would benefit from the renewal of this contract and firefighter Thomason has also expressed his desire to have the contract renewed; NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council approves the renewal of Interim Firefighter Shea Thomason's Agreement for an additional two year term, to end August 27, 2009. Section 2. The Village Council does hereby authorize the Village Manager to execute the contract. Section 3. This Resolution shall become effective immediately upon passage. 1 The foregoing Resolution was offered by moved its adoption. The motion was seconded by _ and upon being put to a vote, the vote was as follows: who For Adoption Against Adoption Mayor Jim Humpage Vice-Mayor Pat Watkins Council Member Dan Amero Council Member Tom Paterno Council Member Calvin Turnquest The Mayor thereupon declared the Resolution duly passed and adopted this day of , 2007. MAYOR OF TEQUESTA Jim Humpage ATTEST: Lori McWilliams, CMC Village Clerk 2 ~ '~ Village of Tequesta Intierim Employment Agreement THIS AGREEAAENT is made and entered into this day of ac9 2005, by and befween the VILLAGE OF TEQUESTA, a municipal cor oration of the State of Florida (hereinafter referred to as "Village"), and Sf~~~ '~ ~~ /~ , an individual, (hereinafter referred 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 witFt the job position description attached hereto and marked as Appendix "A" Employee shall be subject to, and abide __ by, the,Ordinanoes 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 Viltage Manager. -- --- Section 2. Description o osition --- -- --- - ---- --- - The Village has started an interim firefighter program to assist individuals in opportunities. Interim firefighters 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. Interim firefighters will receive a copy of the Vilage Employee Handbook and the __ Fire-Rescue Department's Policy and Procedure Manuaf at the time of 'initial employment. Interim firefighters are responsible for compliance with General Personnel Policies and Standards of Conduct as set forth in the Village Empbyee Handbook. However, other than rights and benefits specifically listed in this Agreement, interim firefighters are no# 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 Agreemen# shall commence as of the date hereof and shall remain in cffecz for a period of two (2) years. This Agreement can be renewed for another two (2) year term by mutual consent of both parties. No modifications, changes or amendments to any provision of this Agreement can be impiemented 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 Village of Tequesta Interim Firefighter Employment Agreement otherwise interfere with the right of the Village Manager or Fire Chief to terminate t_h_ e 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 teens or conditions of this Agreement or otherwise.. Nothing in this Agreement shall 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 Employee is terminated before the expiration of the aforesaid term of employment for reasons other than moral turpitude, the Village agrees to pay the Em~lovee for any accrued sick leave and vacation benefits yin accordance with the provisions of the Village Employee Handbook applicable to full time Village employees. The Employee win also be eligible for his portion of the Education Assistance Funds (defined below) that he has earned, for a period of time up to twelve (12) months from his date of termination. Education Assistance Funds not :utilized within this twelve (12) month time frame shall be forfeited to the Village. -- --ff-Fmp oyes-is termrnat~~or moraT~irpifiiTe;~Fie sufia7fl~o~eft his aobrued -srck leave, vacation pay and college assistance funds. the expiration of this agreement, Employee shall forfeit all accrued sick leave; vacation pay and college assistance funds to the Village as iquidated damages. ~ec'~iQn 5~ Salary l ne vglage win compensate Employee at a rate of $6.15 per hour 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 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 acxordance with: the Fair Labor Standards Act. Employee 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 norrnat workweek. For the purpose of computing hours worked, annual leave, 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 other firefighters by the Village and his hourly rate of :pay will be adjusted accordingly. 2 ~. S®CtlOn s. B@rt@fltB ~. a. 11'acstidn: Ernptoyee wilt receive two weeks of paid vacation for each year Employee is employed under this interim program. At the successful completion of Employee's fin-elve-month probationary period Employee is entitled to use Employee's vacation leave in accordance with the policies governing 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 Sidc Leave benefits as applied to full time Village employees and in accordance with the policies goveming such.. However, probationary employees are not entitled to use sick leave until they have been employed for at least six (6} months, unless approved by the Shift Officer. - _--- - c. o ~ ay ay: e ~ age w~ prove e o ~ ay ay o ee a - would to full time employees and in accordance with the policies goveming such. d. Health and Life Insurance: Employee is not eligible for Mealth Care Benefits. l.+fe insurance is provided, but only to the extent that is required by law. e. Retirement benefits: Employee is aof eligible for ftetiremer~ Benefi#a, f. Education Assistance: In lieu of the Health Care, Life Insurance and _ Retirement benefits, Employee can eam up to a maximum of $5,000.00 per year _ _ for education assistance (°Education Assistance Funds"). Education Assts#ance Funds are earned at a rate of $1,250.00 per semen#er. The semester year is based upon four (4) semesters. and shall run in conjunction with Palm Beach Community College's semesters. Therefore, if Employee works one (1) semester under this program Employee is entitled to use the $1!,250.00 --- mp oyes ea urmg next-semen r, or any Mme unng mp oyes employment, and up to twelve (12) months after the expiration of this contract. If an employee starts employment within a semester, the amount of fees accrued during that semester shall be prorated by the number of weeks in that semester. Education Assistance Funds can be used for any tuition costs, book expenses or lab fees assoaated with Employee's higher education. There ere 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. However, if Employee is not State of Florida certified as a Firefighter and/or Emergency Medical Technician during the term of this Agnremen#, the Village will allocate any earned Education Assistance Funds to pay for these certifications for Employee. Once Employee is certified as a Firefighter and~+or Emergency Medical Technician and the Village is repaid for the cost of the certifications, Employee may then earn and utilise Education Assistance Funds for the purposes set forth above. 3 Village of Tequesta Interim Firefighter Employment Agreement g. Exchange of tir:~e: Interim firefighters are eligible to exct'+ange time with other employees as long it is in accordance with department guidelines. This ~ro~ure i~for~ituations that cannot be scheduled around Employee's shift work, for the attendance of classes or for events that Employee has no control over. Section T. Applicable Law and Waiver of Jury Trial. This Agreement shall be governed by and construed pursuant to the. taws 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. S®verability. If any terms or part of this agreement shalt be determined to be invalid, illegal, or un®nforceabie 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 temp or rp~~ision cz thi~______ _ Agreement shall not in any way be affected. All provisions of this Agreement shall be construed to be vaNd and enforceable to the full extent permitted by law. Section 9. Acknowledgment _____ By signature below Em_.ployee adcnowted~es that he has read +hi~~gp~pgp~__J__ _ and has received a copy of the Village Employee Handbook and the Fire~Rescue Depar'tment's Policy and Procedure Manual, and agrees to accept the terms of Interim Employment described herein. Inferim Employee • ~~~~~ ___~~ Human Resources Administrator Date ~7 ~~ Date 6-~-~5 Date ._.. ~. ~~ Village Manager Si a ure ~ `'~,, Da 4 Village of Tequesta Interim Employment Agreement THIS AGREEMENT is renewed for a period of two (2) years, effective June 28, 2007, by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of Florida (hereinafter referred to as "Village"), and Shea Thomason, an individual, (hereinafter referred to variously as "Employee" or "Interim Firefighter") as follows: Section 1. Duties The Village hereby agrees to renew this Agreement with the Employee's continued employment 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 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 Position The Village has started the interim firefighter program to assist individuals in obtaining a career in the fire service and to assist individuals with higher education opportunities. Interim firefighters 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. 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 responsible for compliance with General Personnel Policies and Standards of Conduct 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, 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 two (2) years. 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 Village Manager or Fire Chief to terminate the services of the Employee. Employee agrees that he has no property rights in 1 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. Nothing in this Agreement shall 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 Employee is terminated before 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 benefits in accordance with the provisions of the Village Employee Handbook applicable to full time Village employees. The Employee will also be eligible for his portion of the Education Assistance Funds (defined below) that he has earned, for a period of time up to twelve (12) months from his date of termination. Education Assistance Funds not utilized within this twelve (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 college 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 college assistance funds to the Village as liquidated damages. Section 5. Salary The Village will compensate Employee at a rate of $6.81 per hour 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 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 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 workweek. For the purpose of computing hours worked, annual leave, 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 other firefighters by the Village and his hourly rate of pay will be adjusted accordingly. 2 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 probationary period Employee is entitled to use Employee's vacation leave in accordance with the policies governing 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 applied to full time Village employees and in accordance with the policies governing 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: Employee is not eligible for Health Care Benefits. 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. Education Assistance: In lieu of the Health Care, Life Insurance and Retirement benefits, Employee can earn 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 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 certified 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 eligible to earn the Educational Assistance Funds, the Village will utilize these funds to reimburse the Village for the all costs associated with obtaining the Firefighter and/or Emergency Medical Technician certifications. After the Village is reimbursed, the employee may then earn and utilize Education Assistance Funds for the purposes set forth above. 3 g. Exchange of time: Interim firefighters are eligible to exchange time with other employees 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 control over. 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 Manual, and agrees to accept the terms of Interim Employment described herein. Interim Employee Signature Department Head Signature Human Resources Administrator Village Manager Signature Date Date Date Date 4