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HomeMy WebLinkAboutDocumentation_Regular_04_04/13/2017 Village of T'equesta 345 Tequesta Drive ` - 4•oc, 561 -768 -0700 Tequesta, FL 33469 www.tequesta.org jl • .'; f 4(.4 eou Village Clerk's Office Memorandum TO: Village Manager Michael Couzzo FROM: Lori McWilliams, Village Clerk DATE: 2/14/17 SUBJECT: Social Media for Compliance with State Records Retention Requirements Archiving social media (and metadata) is necessary as a requirement of Florida State Statutes 119.01, "It is the policy of this state to hat all state, county, and municipal records are open for personal inspection and copying by any person. Providing access to public records is a duty of each agency." According to statute (F.S. 119.011(12)), a public record is defined as, "All documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency." The key words here are "regardless of physical form, ... or means of transmission." It is therefore a requirement of law for the Village, and the Clerk as the official records custodian, to comply with the records retention requirements. The Office of the Attorney General of Florida specifically mentions Facebook in their Government-in-the - Sunshine Manual guidelines for computer records, and lays the responsibility for capturing and retaining social media records in Florida on the agencies that create them. In our meeting on December 27, we agreed to purchase the software with left over election funds if there was no election. The election account has $18,050 budgeted and will have expended $1200 leaving a balance of $16,850. RECOMMENDATION: After viewing demos and speaking with three vendors (there are limited vendors in this field), I recommend utilizing ArchiveSocial as our content archiver and splitting the monthly cost over Admin, police and fire as we all have social media accounts. See attached page for a breakdown on costs. While ArchiveSocial is the highest of the three entities, they are the only ones that allowed me a free trial to experience their product, they compliant with Florida law, and they provide compliant access to PDF's of content with live clickable links. Smarsh finally responded, but was unresponsive to requests and was involved in a spoliation lawsuit. Pagefreezer does not have a user - friendly interface (from what I can tell) and only provides a snapshot of the social media pages, which is not compliant with Florida law (it does not open the comments to allow the requestor to see the whole comment). COST BREAKDOWN: 3/1/17 — 9/30/17 - Admin $465 Police - $465 Fire $465 10/1/17 — 9/30/18 - Admin $929 Police - $929 Fire $929 Vice -Mayor Vince Arena Mayor Abby Brennan Council Member Tom Patemo Council Member Steve Okun Council Member Frank D'Ambra Village Manager Michael Couzzo ArchiveSocial PO Box 3330 Durham, NC 27702 US (888) 558 -6032 invoicing @archivesocial.com http: / /archivesocial.com QUOTE ADDRESS QUOTE # 2141 Lori McWilliams DATE 02/15/2017 Vilalge of Tequesta, FL ACTIVITY C) I Y RATE AMOUNT Archive Economy 199 7 199.00 1,393.00 One month of ArchiveSocial Economy package. Archiving of up to 1000 new records per month and 10 social media accounts. Formal Quote for ArchiveSocial Service TOTAL $1,393.00 (Economy) 3/1/17 - 9/30/17 All quotes and invoices are issued in USD Accepted By Accepted Date al in 1 l rc\ t 61 Co u-rao, D'itt4 gym . 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 @tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. Memo To: Debbie Telfrin, Executive Assistant to the Village Manager From: Michelle Gload, Accounting Manager Date: Friday, March 17, 2017 Subject: Automated Business Machines, Inc. —1 Year Service Agreement 1 ee Ag Attached is a 1-year service agreement with Automated Business Machines, Inc. for preventative Ere s, c fo p eventative maintenance of the Village's document imprinter. The service agreement runs from April 1, 2017 to March 31, 2018 with an annual fee of $425.00. DUTUE1JITED BUSINESS INICHINES, INC. 6073 N.W. 167th Street, Suite C -24, Miami, Florida 33015 -4347 Miami -Dade: (305) 620 -0020 • Broward: (954) 739 -1222 Palm Beach: (561) 833 -9044 • Toll Free: (800) 446 -5501 Fax: (305) 620 -2201 • sales @abmmiami.com • www.abmmiami.com 1466 561- 768 -0426 VILLAGE OF TEQUESTA VILLAGE OF TEQUESTA TO: ACCOUNTS PAYABLE 345 TEQUESTA DRIVE 345 TEQUESTA DRIVE TEQUESTA, FL 33469 TEQUESTA, FL 33469 -3062 FINANCE DEPT. DATE INVOICE NO. SERVICE REPRESENTATIVE 03/21/2017 028143 -C1 07 PREVENTATIVE MAINTENANCE CONTRACT RENEWAL: THIS FORM AUTHORIZES AUTOMATED BUSINESS MACHINES, INC. TO CONTINUE THE PREVENTIVE MAINTENANCE CONTRACT COVERING THE MACHINE(S) LISTED BELOW / EFFECTIVE DATES SHOWN. THIS CONTRACT INCLUDES (1) ONE FREE INSPECTION PER YEAR, PLUS TROUBLE CALLS. ALL TERMS STATED IN THE ORIGINAL SIGNED CONTRACT APPLY. PLEASE SIGN AND RETURN WITH YOUR PAYMENT. MACHINE(S) MODEL NO. SERIAL NO. PRICE + TAX DOCUMENT IMPRINTER HED -DI -100 100A2339 425.00 SALES TAX 0.00 425.00 EFFECTIVE FROM: 04/01/2017 TO: 03/31/2018 AUT IZED SIGNATURE AND TITL ALL AUTOMATED BUSINESS MACHINE AUTHORIZED SALES AND SERVICE PERSONNEL CARRY IDENTIFICATION CREDENTIALS!! SEND PAYMENT TC P.O. BOX 4220 HIALEAH, FL 33014 - 0220 PUBLJC 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 1.19, Florida Statutes. A CONTRACTOR who falls to provide the pubik records to the Village, or fails to make them available for inspection or copying, within a reasonable time may be subject to attomey'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 disdosed 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 1s compatible with the Village's information technology systems. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOWS 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 imcwfliams@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. TEQUESTA FIRE- RESCUE M emo To Mayor Brennan, Mr. Couao and Village Council Members From: Chief Medina Date: March 21, 2017 Re: Forcible Entry Door Simulator The Vilage of Tequesta Fire - Rescue currently has budgeted for FY 16-17 Eight Thousand Two Hundred Dollars ($8,200.00), Acct. No. 664-600, for a Forcible Entry Training Prop as part of this year's Capital Improvement Plan. We have thoroughly researched the product, obtained three quotes, and found the product which will meet our needs and fit our budget. We would like to purchase the Firehouse Innovations Corp. product for a total cost of $7,095.75. This Multi -Force forcible entry prop is a training aid for firefighters to practice forcible entry techniques. This training tool consists of a heavy steel frame with both inward and outward swinging reinforced steel doors hung in the frame. The purpose of this device is to allow firefighters to train on multiple techniques for defeating locked doors. This skill is an extremely important part of making entry into a structure to extinguish fire or perform a rescue. This prop will simulate both residential and commercial grade doors and can be reused for years to come. By training on proper techniques, freighters will be able to force doors faster and safer during actual emergencies reducing property damage caused by fre, civilian casualties and firefighter injuries. Poke personnel may be interested in learning these skills as wel. Your consideration in consenting to the fauns and conditions of this transaction is greatly appreciated. I - TEQUESTA MAR 1 72011 • 4_ +� FIRE RESCITF. CCMIP "THE ANY TO FORCIBLE ENTRY" 3795 Martin Court, Seaford, NY 11783 Tel: 516- 308 -3132 Fax: 516 -765 -3065 www.Firehouselnnovations.coni •L February 28, 2017 PURCHASER (s): SHIP TO: Tequesta Fire Rescue Tequesta Fire Rcscuc Tequesta, FL 33469 Tequesta, FL 33469 561 - 768 -0693 Attn: Lt. Gary Harris gharrisAtequesta.org You recently requested pricing information from our company. Here is our quote: Quantity and description of item Price per unit price One (1) Multi -Force Door 6,200.00 6 200 (Forcible Entry Door Simulator) * *includes FE Training DVD Additional Features if Requested: — ❑ Cutting Station $250 ❑ Battering Ram Attachment $450 Shipping & Handling - (Hydraulic Liftgatc Service - Delivery): 895.75 Or Purchaser can pick up the door at no cost (includes demo) $0 Please provide a copy of your Tax Exempt Certificate or the applicable sales tax (if required) will be charged: Tax: To be determined TOTAL: $7,095.75 Also attached is a copy of our Contract of Sale (2 pages). Please complete and return a signed copy with your Purchase Order. Please provide a copy of your Certificate of Tax Exemption for our records. Sincerely, Mike Perrone, President NOTE: Additional Features: http: // firehouseinnovations .com /products.html scroll down page. Cutting Station can be added at any time. Battering Ram Attachment must be added at initial purchase, cannot be retrofitted in the field. TERMS AND CONDITIONS OF THE TRANSACTION BETWEEN: SELLER: Firehouse Innovations, Corp. PURCHASER: V I I . A G E o f ' rE G1 u E STA DATE: 3 11 b 1 t 1 The Seller agrees to sell and the Purchaser agrees to purchase ( ) Multi -Force, Forcible Entry Door System (potented)'to be used to assist Fire Departments in training their members on the task of fordble entry of doors. This agreement comprises the entire agreement affecting the purchase of this product and no other agreement or understanding of any nature concerning same has been made or entered Into, or will be recognized. 1 have agreed to pay the folowing price of: $6,200 per door for 1 door(s) with additional featu doh Cutting Station $ ! ; Battering Ram Attachment $ } with shipping: $ ) /5 or {X ) without shipping for a total of: $ 7/} 95 . That amount will be delivered to the Seller upon delivery of the product or within thirty (30) days of delivery of the product, and shall be paid by bank check or money order. Fire department checks are acceptable. The Seller agrees to deliver the product, or Purchaser may pick It up at Seller's New York address. It will be assumed by the Purchaser and Seller that the employees and/or agents of the Purchaser are familiar with the product and know how to use same, safely and efficiently, either by direct instruction from Firehouse Innovations, Corp. or by the Instructional DVD's provided by Firehouse innovations, Corp. The Seller shall not be liable for any delays in delivery of the product. And the Seller shall not be liable for any consequential damage, alleged to have been suffered by the Purchaser of any other type of damage whatsoever. The Seller expressly disclaims all warranties expressed or Implied, including any implied warranty of merchantability or fitness for a particular purpose. And that the Seller neither assumes, nor authorizes, any other person to assume for them any liability in connection with the purchase of this product. The Seller shall give a limited one -year warranty relating to a problem caused by a manufacturing defect or faulty parts. The Seller agrees to repair or replace these faulty parts within this one -year period only. The Purchaser understands that the Seller has the right to change the design of the product at anytime; however, If done prior to delivery to the Purchaser, notice of any changes will be required. If the 1 changes are not acceptable to the Purchaser, the Purchaser is able to cancel the order without penalty or payment to the Seller. If this contract is cancelled by the Purchaser (not for reason of design change by Seller) prior to delivery, without consent of the Seller, the Purchaser understands he will be liable for liquidated damages In the sum of 5500. Both the Purchaser and the Seller agree that this agreement is governed by New York State law. Any dispute arising per this agreement shall be submitted to binding arbitration, in front of American Arbitration Association. The Purchaser agrees that this product (Multi- Force, Forcible Entry Door System) shall not be rented out for monetary gains to other fire departments. All warning stickers or Firehouse Innovations, Corp. logo stickers shall not be purposely covered or removed from this product. Any such stickers accidently removed can be replaced by Firehouse Innovations, Corp. upon notice. By executing this document I have agreed that I have read and understand the subject matter of this agreement. I agree that this is the only agreement between the parties hereto. That 1 have had the opportunity to consult with legal counsel of my own choosing. And I certify that I am of legal age and sound mind to enter into this agreement. Dated: 3 ) le 11 SELLER: PURCHASER: FIE INNOV TtONS, CORP. _ 71 644 . 41 4/1///1rN-I BY: Michael Perrone, President BY: **NOTE: Cutting Station can be added at any time. Battering Ram Attachment must be added at initial purchase, cannot be retrofitted in the field. 2 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 @tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469. TEQUESTA FIRE - RESCUE Memo To: Mayor : - , Mr. Couzzo and Village Council Members From: Chief -. � 3' S • l7 Dates March : Rol Interim Firefighter Contract for Josue Prado Tequesta Fire- Rescue has a vacancy for Interim Firefighter and has chosen Josue Prado from our current waiting Iist. Mr. Prado 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 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 Josue Prado be approved, commencing on March 7, 2017 for a three -year period, expiring on March 7, 2020. Thank you for your consideration. Village of Tequesta Interim Employment Agreement THIS AGREEMENT is made and entered into this f 1 day of March , 2017 , by and between the VILLAGE OF TEQUE;STA, a municipal corporation of the State of Florida (hereinafter referred to as "Village "), and JOSUE PRADO, 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 goveming 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. 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 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 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 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 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 nominal workweek hours as needed and in accordance with the Fair Labor Standards Act. Employee wIl occasionally be needed to work extra hours. The Village provides compensation for extra hours worked at a rate of one and one -half (1 -112) 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 2 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 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 goveming 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 eam 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 eamed 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 eam 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. 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. Applicable Law and Waiver of Jury Trial. This Agreement shall be govemed 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. 3))-) i '7 Interim Employee Signature Date i (7 r . artment Head Signature Date / 717 Human - e - : urces Administrator Date Village Manager Signature Date 4 APPet6i)< "A 44.e444 FIRE RESCUE POLICY & PROCEDURE MANUAL 464 * EFFECTIVE DATE _ REVISION DATE PAGE NUMBER TOTAL PAGES POLICY SECTION_ � OCTOBER 01,199;1 SEPTEMBER 05, 2013 1 4 240.00 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 your professional growth 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 1: 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 1, employees may advance to the Firefighter II classification in the career development plan providing they have all the qualifications listed in Section 240.04. 240.04 Firefighter 11: 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: o Confined Space Rescue I o Rope Rescue I & II o Dive Rescue I 240.05 After at least twelve months in the classification of Firefighter 11, employees may advance to the Firefighter III pay grade providing they have all the qualifications listed in Section 240.06. 240.06 Firefighter 111: This is the third career development level. To achieve this level individuals must have completed all the requirements of Firefighter II, 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 1 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 disdosed 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 Imcwilllams o@tequesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA, FLORIDA 33469.