HomeMy WebLinkAboutAgreement_General_11/07/2016 Village of Tequesta
Interim Employment Agreement
THIS AGREEMENT is made and entered into this day of
20 , by and between the VILLAGE OF TEQUESTA, .a municipal corporation of the
State of Florida (hereinafter referred to as "Village "), and JIMMY SANCHEZ ,
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 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 an interim firefighter program to assist individuals in obtaining a
career in the fire service and to assist individuals with higher education opportunities.
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Interim firefighters g ters serve on an as needed basis as determined in the sole discretion of
the Village. Interim firefighters serve at the '
g 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
III 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 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 -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
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employment with the Village 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 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 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 6. 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 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 work cycle. 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 non -
unionized firefighters 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 probationary period Employee is entitled to use
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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: Interim Firefighters are eligible for Village
sponsored health 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. Retirement benefits: Employee is not eligible for Retirement Benefits.
f. Education Assistance: Employee may 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 cer#ifications. After the 1411age is reimbursed, the employee 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 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.
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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 Manual, and agrees to accept the terms of Interim Employment
described herein.
I terim Employ Signature Date
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e
.mdKt Head Signature Date
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Human esources Administrator Date
Village Manager Signature Date
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AP K�i)ix_`A
IIESr9 FIRE RESCUE POLICY & PROCEDURE MANUAL
EFFECTIVE DATE REVISION DATE PAGE NUMBER TOTAL PAGES POLICY SECTION
OCTOBER 01,1993 SEPTEMBER 05, ) nva 1 4 240.00
Cpe R�SCO SUBJECT: CAREER DEVELOPMENT PLAN
APPROVE BY: JAMES M. wEINAND, FIRE CHIEF MICHAEL COUZZO, VILLAGE MANAGER
240.00 Career Development Plan — The Village of Tequesta has developed this
Career Development Pan to maximize our professional growth Y P 9 and
performance. In conjunction with your professional growth, this plan
establishes realistic expectations of the competency levels needed to
maintain a long -term career in this department.
240.01 Developing your career is an investment in both you and in the future of
our department. By helping you hone your skills, we strengthen our entire
workforce. This in return, sets a superior level of care and service for our
community.
240.02 Firefighter I: This is the entry-level position for individuals starting their
career with Tequesta Fire. Rescue. Individuals in this grade must be a
State of Florida certified Firefighter and State of Florida certified
Emergency Medical Technician.
240.03 After at least twelve months in the classification of Firefighter I, employees
may advance to the Firefighter Il classification in the career development
plan providing they have all the qualifications listed in Section 240.04.
240.04 Firefighter II: This is a firefighter's second career development level. To
achieve this level individuals must be a State of Florida certified Pump
Operator and must successfully complete the following courses:
® 40 Hour class in Aerial Operations and;
40 Hour class in Vehicle Extrication and;
At least one of the following electives:
• Confined Space Rescue
• Rope Rescue I & II
• Dive Rescue I
240.05 After at least twelve months in the classification of Firefighter II,
employees may advance to the Firefighter Ill pay grade providing they
have all the qualifications listed in Section 240.06.
240.06 Firefighter Ill: This is the third career development level. To achieve this
level individuals must have completed all the requirements of Firefighter Il,
and the following:
Obtain (3) credits in Microcomputer Applications (CGS -1100) and;
Obtain (3) credits in Building Construction (FFP -2120) and;
Obtain (3) credits in Fire Service Course Delivery (FFP- 1740);
Individual must than choose a career track from the following categories
and successfully complete 80 hours of advanced educational
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PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid. Upon request
from the Village's custodian of public records, CONTRACTOR must provide
the Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time in accordance with access
and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorney's fees and costs pursuant to Sec, 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR. shall ensure that any exempt or confidential 'records
associated with this Agreement or associated with the performance of.the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of the Agreement,
CONTRACTOR shall transfer, at no cost to the Village, all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Village. If the CONTRACTOR transfers all public records to
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public, records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-
0685, OR AT lmcwilliams@teguesta.ore, OR AT 345 TEQUESTA DRIVE,.
TEQUESTA, FLORIDA 33469.
3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES
ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY - DISCLAIMS ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR,
CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CL•AIMS.OF ANY
IUND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO. MAINTAIN THE
EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE OR ITS FAILURE TO PROVIDE. AND MAINTAIN APPROPRIATE. TYPES
AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE'S INSTALLATION AND
OWNER`S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT: SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY.
4. Restrictions. Until all amounts due hereunder are paid in full, Customer-shall not: (i) permit the Equipment to be levied upon or attached under any
legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of 'the Equipment to any location
not specified in this Quote.
5. Purchase Money Security Interest. Customer hereby grants, .pledges and assigns to Miracle, and Miracle hereby reserves a. purchase moriey security
interest4n, the Equipment in:order to secure the payment and.performance in full of all of Customers obligations'hereunder. Customer agrees that Miracle
may file one or more fu icing statements, in order to allow it to'perfect, acquire and maintain:a superior security interest in the Equipment.
6. Choice of Law and jurisdiction. All agreements between Customer and Miracle shall be interpreted,.and.th' parties' obligations stiall'be governed,
by the laws of the State. of Missouri without reference to its choice of law provisions. Customer hereby consents. to the personal jurisdiction of the state and
federal courts. located in the city and county of St. Louis, Missouri.
7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment '.
is
received by Miracle. Customer assumes - all risk of loss
or destruction of or damage to the Equipment by reason of theft fire; water, or any other cause, and the occurrence of anyysueh casualty shall not relieve the
Customer from its, obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full,,Customer shall insure -the Equipment
against all such losses and casualties.
8. Waiver; Invalidity. Miracle may waive a default hereunder, or urider invoice or other agreement between Customer andMkade, or cure such:a
default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed 'to have takemplace unless it isin writing;'signed by
Miracle. Any one waiver shall not constitute a waiver of other defaults or the saazne kind of default at another time, or a forfeitilmof any rights provided to
Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid.portions hereof.
9. Entire Agreement; Amendment; Binding Nature. This fully - executed Quote; as supplemented by Change Orders and invoices containing exact
amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order.is,a written instrument signed
by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may
result in delays and additional costs. The.parties,agree that all Change Orders shall.include appropriate adjustments in price. And 'time frames relating to any
requested amendments. Upon full execution, this Quote shall be.binding upon and inure to the benefit of the parties and their successors and assigns.
10. Counterparts; Electronic Transmission. This Quote,,any invoice, and any other agreement between the parties, may be executed in counterparts,
each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission, of any signed
facsimile.or other electronic transmission, shall be the same as the transmission of an original. At the request of either party,:the parties will confirm facsimile
or other electronically transmitted signatures by signing an original document.
Rep #: 23 Order t 23160314 _ Page 3 of 3 Rev E 021815
PUBLIC RECORDS. In accordance with Sec. 119.0701, Florida Statutes,
CONTRACTOR must keep and maintain this Agreement and any other
records associated therewith and that are associated with the
performance of the work described in the Proposal or Bid. Upon request
from the Village's custodian of public records, CONTRACTOR must provide
the Village with copies of requested records, or allow such records to be
inspected or copied, within a reasonable time In accordance with access
and cost requirements of Chapter 119, Florida Statutes. A CONTRACTOR
who fails to provide the public records to the Village, or fails to make them
available for inspection or copying, within a reasonable time may be
subject to attorney's fees and costs pursuant to Sec. 119.0701, Florida
Statutes, and other penalties under Sec. 119.10, Florida Statutes. Further,
CONTRACTOR shall ensure that any exempt or - confidential records
associated with this Agreement or associated with the performance of the
work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Agreement term, and following
completion of the Agreement if the CONTRACTOR does not transfer the
records to the Village. Finally, upon completion of the Agreement,
CONTRACTOR shall transfer, at no cost to the Village, all public records in
possession of the CONTRACTOR, or keep and maintain public records
required by the Village. If the CONTRACTOR transfers all public records to
the Village upon completion of the Agreement, the CONTRACTOR shall
destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the CONTRACTOR
keeps and maintains public records upon completion of the Agreement,
the CONTRACTOR shall meet all applicable requirements for retaining
public records. Records that are stored electronically must be provided to
the VILLAGE, upon request from the Village's custodian of public records,
in a format that is compatible with the Village's information technology
systems.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE
VILLAGE CLERK, RECORDS CUSTODIAN FOR THE VILLAGE, AT (561) 768-
0685, OR AT Imcwilliams@teauesta org, OR AT 345 TEQUESTA DRIVE,
TEQUESTA, FLORIDA 33469.
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