HomeMy WebLinkAboutDocumentation_Regular_Tab 07_08/09/2007VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE:
August 9, 2007
REQUESTED ACTION/SUMMARY
Approval of an amendment to the Interim
Firefighters Contract to allow them to be able to
elect the reallocation of educational funds to health
insurance premiums upon renewal of their
contracts, providing state certification requirements
have been met.
RESOLUTION OR ORDINANCE NUMBER: Res # 60-06/07 Ord #
ORIGINATING DEPARTMENT: Human Resources
FUNDING SOURCE: 2006/2007 BUDGET
ACCOUNT NUMBER: 001-000-204.500
CURRENT BUDGETED AMOUNT AVAILABLE: $5,000.00 per interim
AMOUNT OF THIS ITEM: $5,000.00
AMOUNT REMAINING AFTER THIS ITEM: $0
BUDGET TRANSFER REQUIRED: Yes No
APPROPRIATE FUND BALANCE: Yes No
Piggyback Contract Name and #:
Or
Competitive Bid #
APPROVALS:
i
DEPARTMENT HEAD:
FINANCE DIRECTOR:
VILLAGE MANAGER: ~~..~_ ~-~~-°"--~---~
VILLAGE MANAGER RECOMMENDATION:
APPROVE ITEM:,
DENY ITEM: ^
VjLLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY
Yes ^ No
^ Not Applicable (n/a)
~~ ~
Memo
To:
From:
Michael R Couzzo, Jr., Village Manager
Merlene Reid, HR Manager
~~1~
Date: July 20, 2007
Re: AMENDMENT TO THE INTERIM FIREFIGHTER CONTRACT
Fire Chief James Weinand has forwarded a request from Shea Thomason, an
Interim Firefighter, for an amendment to his contract. Mr. Thomason, who has been
working with the Village for the past 2 years, is requesting that his Education
Assistance Funds be reallocated to pay for health insurance for the period of his
renewed contract.
Chief Weinand has indicated that Mr. Thomason is fully certified and that he supports
this proposal as it would help to retain Mr. Thomason. Based on the justification
offered by the Fire Chief, the Human Resources department also supports this
proposal and would like to revise the contract as per the attached amendment. It is
also recommended that should this amendment be approved, it be made available to
all eligible Interims.
I have also spoken to our insurance brokers who have advised that our insurance
policy would need to be amended to include a waiting period of two years for these
employees, but they do not anticipate any problems or additional costs associated
with this proposal.
Attached are:
1. Recommendation from Chief James Weinand
2. Request from Shea Thomason, Interim Firefighter
3. Tequesta's 06/07 Health Contribution Rates
4. Mr. Thomason's current contract
5. The recommended amendment to the Interim Contract
RESOLUTION NO. 60-06/07
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY,
FLORIDA, TO APPROVE THE AMENDMENT OF THE
INTERIM FIREFIGHTERS CONTRACT
WHEREAS, the Interim Firefighter Contract provides for educational assistance
funds to be used for the training and development of the Interim Firefighter;
WHEREAS, the Interim Firefighter has completed his/her two (2) year contract
with the Village and has completed all State certification requirements and elects to
renew the contract for another term, but wishes to allocate the Education Assistance
Funds to assist with the payment of health insurance, and
WHEREAS, the Village would benefit from strengthening their ability to retain
these individuals;
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 amendment of the Interim
Firefighter Contract to allow the Interim to elect health insurance coverage in lieu of the
Education Assistance Funds upon renewal of contract, to assist in defraying the cost of
the insurance.
Section 2. The Village Council does hereby authorize the Village Manager to
amend the contract and execute.
Section 3. This Resolution shall become effective immediately upon passage.
1
THE FOREGOING ORDINANCE was offered by Councilmember
who moved its adoption. The Ordinance was seconded
by Councilmember and upon being put to a vote, the
vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
The Mayor thereupon declared the Resolution approved and duly adopted this
day of , 2007.
MAYOR OF TEQUESTA
ATTEST:
Village Clerk
P:\DOCS\13153\00001 \DOC\11 L7190. DOC
2
Memorandum
Ta: MERLENE REID, HUMAN
FROM: JAMES M.WEINAND, FIRE CHIEF
SUBJECT: RENEWAL OF INTERIM FIREF R THOMASON CONTRACT
DATE: JULY 17, 2007
Marlene,
Shea Thomason has been employed with us since 6/28/2005 as an Interim Firefighter.
When Shea's contract was initiated it was for a two year term. Since that time we have
changed the interim contracts to be three years due to amount of time it takes to train
these individuals.
Firefighter Thomason has requested a renewal of his contract asking for single
employee health insurance instead of the $5,000.00 year educational assistance funds.
He has sufficient educational assistance funds saved to further his education.
I recommend the renewal of this contract and grant him the request for health insurance.
Mr. Thomason is certified as a Firefighter/EMT and is in full compliance with aA State of
Florida requirements.
This interim firefighter position is critical to the staffing needs of the department. If this
contract is not renewed we would need to fill this position and train a new individual to
his certification level.
Please let me know if any further information is needed and the steps required to
accomplish this request.
C:\Documents and Settings\jweinand\Local Settings\Temporary Internet Files\OLKSD\Thomason contract renewal
071720071_doc
"$o
~~UL 0 ~ 200( Tune 28, 2007
EIRE RESCUE
Chief Weinand:
I would like to start by thanking you for allowing me to gain experience through
working in the interim firefighter program. My contract has now come due and I am
requesting that it be renewed with a few modifications. Please consider these alterations
that I would like to make. I would like to use the money that I am currently earning for
education towards an increase in pay and for health insurance through the department.
As you probably know, it is difficult to get health insurance when having a high risk job,
such as a firefighter. I would like to keep the money that I have already earned towards
continuing education for future courses I will' take. Thank you for considering my
requests.
Respectfully,
Shea Thomason
Firefighter/EMT #528
COPY
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Village of Tequesta
Interim Employment Agreement
THIS AGREEMENT is made and entered into this day of o~c~ , 2005,
by and between the VILLAGE OF TEQUESTA, a municipal corpora#ion of the State of
Florida (hereinafter referred to as "Village"), and ~f-f~1g ~f-~ ll'~~~ /~ , an
individual, thereinafter referred to variously as °Employee" or "Interim Firefighter") as
follows:
Section 1. Duties
The Village hereby agrees to hire Employee as an Interim Firefigh#er 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 S#atu#es and
Federal laws governing Firefighters and Emergency Medical Technicians. Employee
agrees to per#orm 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 Z. Description of Position
The Village has started an interim fire#ighter 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 wiU 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 no# entitled to any rights or benefits set forth in the Village's Employee
Handbook, including, but not limited #o, any grievance procedure rights.
Section 3. Term
This Agreemen# shall commence as of the date hereof and shall remain in effect
for a period of two (2) years. This Agreement can be renewed far another two (2) year
term by mutual consent of both parties. No modifications, changes or amendments to
any provision of this Agreement can be implemented wi#hout 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 ar Fire Chie# 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.
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. Terming#ion
In the event that Employee is terminated before the expiration of the aforesaid
term of employment for reasons o#her 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) mon#hs from
his date of termination. Education Assistance Funds not utilized within this twelve (12)
month time frame shat! 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 ViNage as liquidated damages.
Section 5. Salary
The Village will 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 Village reserves the right to adjust the
norms{ 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/Z) 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 iweive-month probationary period Employee is anti#led
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.
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. 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 Heal#h 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 semester. The semester year is
based upon four (4) semesters and shall run in conjunction with Palm Beach
Community College's semes#ers. Therefore, if Employee works one (1)
semester under this program Employee is anti#led to use the $1,250.00
Employee earned during the next semester, or any time during Employee's
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 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. However, if
Employee is not State of Florida certified as a Firefighter and/or Emergency
Medical Technician during the term of this Agreement, the ViNage will allocate
any eamed 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 certifies#ions,
Employee may then earn and utilize Education Assistance Funds for the
purposes set forth above.
3
ViElage of Tequesta
Interim Firefighter Emppo}.~ment Agreement
g. Exchange of time: Interim firefighters are eligible to exchange time wifh
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 #o 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 Coun#y, Florida.
Sectiion 8. Severability.
If any terms or part of this Agreement shaA be determined to be invalid, illegal, or
unenforceable in whole or in part by a court of competent jurisdiction, the validity of the
remaining park 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. Acknovaiedgment
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.
G ~'
Interim Employee
/ ~~ ~ ~~~~
Human Resources Administrator
Village Manager Si 'a ure :'" ,
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Date
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Date
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4
TEQUESTA 2006/07 HEALTH & DENTAL BENEFITS
CIGNA POINT OF SERVICE EMPLOYEE CONTRIBUTION EMPLOYER CONTRIBUTION
Total Mthly Premium Monthly Bi-Weekly Monthly Bi-Weekly
2006/07 2007/08 2006/07 2007/08 2006/07 2007/08 2006107 2007/0$ 2006/07 2007/0&
Employee $422.30 0 0 $422.30 $211.15
Employee +
Children $781.23 $89.73 $44.87 $691.50 $345.75
Employee +
Spouse $903.71 $120.35 $60.18 $783.36 $391.68
Employee +
Family $1,266.88 $211.15 $105.58 $1,055.74 $527.87
Village of Tequesta
Interim Employment Agreement
THIS AGREEMENT is made and entered into this day of 2007,
by and between the VILLAGE OF TEQUESTA, a municipal corporation of the State of
Florida (hereinafter referred to as "Village"), and , 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. 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. This Agreement can be renewed for an additional two (2)
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
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 forteit 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 $6.33 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.
r
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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. Employee is not considered an employee for health care benefits
under the Village's policies and procedures and therefore is not eligible for
Village sponsored health care benefits. However, for the sole purposes of this
contracf, where the employee and the Village agree to renew the contract for an
additional two years, and the employee is in full compliance with all State of
Florida certification requirements, the employee may elect to reallocate the
educational assistance funds of $5,000 (see paragraph 6 (f) below) towards the
purchase of individual medical insurance. All the rules of the medical insurance
plan will apply and the employee will be required to pay the Village, any amounts
over the limit of the educational assistance funds. 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.
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 Date
Department Head Signature Date
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Human Resources Administrator Date
Village Manager Signature Date
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