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HomeMy WebLinkAboutVanMeir Antoine Contract AGREEMENT FOR REIMBURSEMENT OF TRAINING EXPENSES THIS AGREEMENT, executed this 6th day of October,20fly and between the City of Sebastian, Florida, hereinafter referred to as "the Employer" and flt.J+CJ; iJe VAAl m~ ~ It , hereinafter referred to as "the Employee." WHEREAS, the Employee is desirous of receiving the training and education necessary to become a Police Officer in the City of Sebastian, County ofIndian River, and State of Florida; and, WHEREAS, the Employee understands that said trammg is an absolute condition precedent to employment as a Police Officer and that in the event that such employment is offered, the Employer shall be required to invest substantial amounts of time and money in Employee's education and maintenance prior to receiving any benefit therefrom; and, WHEREAS, the Employee acknowledges that the receipt of such valuable vocational training would be of great personal benefit to Employee, although the exact monetary value would be difficult or impossible to ascertain; and, WHEREAS, the Employer has a legitimate business interest in providing said costly and valuable training only to those employees who intend to continue in its employ on an ongoing . basis subsequent to the completion of said training. NOW THEREFORE, in consideration of the foregoing premises and the promise and covenants hereinafter contained, the parties intending to be legally bound, agree as follows: L COVENANTS OF EMPLOYER A. Employer shall provide police academy training at a mutually agreed upon date and time approved by the Criminal Justice Standards and Training Commission, inclusive of paying tuition, providing uniforms, guns and ammunition. B. Employer agrees to work the Employee around the academy schedule when possible and will authorize the use of compensatory leave, vacation leave, personal leave, and sick leave (in that order) to cover the employee's absences. Employee will remain responsible for any bi-weekly deductions to cover elected dependent health, dental, vision, and life insurance. C. Employer agrees to hire the Employee on or after February 13, 2006 or on the date of successfully passing the first law enforcement certification exam, whichever is later, at the first step of the Police Officer's pay scale. a COVENANTS OF EMPLOYEE A. Employee agrees to do the following in consideration of the employment benefits, contributions, and training to be paid or received in the event that employment is offered: I. Employee promises to use best efforts toward the successful completion of the law enforcement academy training. 2. The Employee agrees to abide by and comply with all laws of the State of Florida, ordinances, policies and procedures of the City of Sebastian Police Department and the City of Sebastian; and all rules and regulations applicable to sworn members of the City of Sebastian Police Department during this period of employment. Nothing in this Agreement shall preclude the City from disciplining or terminating the Employee for violations of any of these laws, ordinances, rules and regulations, policies and procedures or for any other reason whatsoever upon twenty-four (24) hours prior notice by the City. 3. Upon completion of said law enforcement academy tralmng, the Employee promises to make himself or herself available for continued employment as a Police Officer and not to voluntarily terminate or quit said employment for a period of three (3) years from the date of having passed the state certification exam. 4. Under no circumstances shall the Employer be obligated in any manner to continue to employ the Employee for the term described above. The Employee's continued employment shall be at the will of the Employer, except as may be otherwise provided in any applicable collective bargaining agreement. 5. The Employee agrees and acknowledges that he or she shall be subject to remain a Code Enforcement Officer should he or she, for any reason whatsoever, become physically or mentally unable to satisfactorily and safely complete the law enforcement training academy program. Completion of the training program is defined to mean (a) graduation from the law enforcement academy training program on the date and time set for graduation of said class in which the employee was originally enrolled, and (b) obtains a passing score on the Florida Officer Certification Examination on the first date the exam is offered after academy graduation. Should the employee fail to graduate from the academy and/or fail to pass the state certification exam as specified, the employee shall remain a Code Enforcement Officer and will reimburse the City as per the terms of this agreement. B. In the event that the Employee is terminated during his/her probationary period or is subsequently terminated for cause, or voluntarily terminates or quits his or her employment with the City of Sebastian, Florida, under the conditions and with the terms described above, the Employee agrees to pay the Employer as stipulated a reasonable approximation of the actual damages sustained or to be sustained by the employer, including tuition, lab fees, registration fees, uniforms, gun, and ammunition. C. The Employee shall receive, as a credit against any indebtedness incurred under Paragraph II B. above, and amount equal to all earned, but unpaid wages and accrued vacation leave. The Employee hereby assigns all of his or her right, title, and interest in all such wages and other benefits not protected from voluntary assignment by law, to the City of Sebastian, for this purpose. D. In the event that the credits identified above do not meet or exceed the amount due and owing under Paragraph II B. to the City of Sebastian, the Employee agrees to perform any or all of the following within ten (10) days from the termination of his/her employment: 1. The Employee agrees to execute a personal promissory note for the benefits of the City of Sebastian, for the full amount due and owing under Paragraph lIB. and II C. above. Such note shall require monthly payments in the amount no less than $50.00 per month and shall extend for the term required to compensate the City of Sebastian for its damages pursuant to Paragraphs II B. and II C. All amounts due and secured by such note shall bear interest at 8% per annum. 2. The Employee agrees to execute all documents and perform all acts necessary to allow the City of Sebastian to take a consent judgment and to record and execute by garnishment or other appropriate legal means upon the same, in the full amount found pursuant to Paragraphs II B and II C above. 3. In the event that any legal proceeding is required to collect any amount due pursuant to Paragraphs II B. and II C., the Employee agrees to pay to the City of Sebastian, a reasonable attorney's fee and court costs thereof 4. In the event that the amounts held by the Employer pursuant to Paragraph II C meet or exceed the amount due the Employer pursuant to Paragraph II B, the Employer shall remit such amount to the Employee within thirty (30) days from the date of his or her termination of employment. m. SAVINGS CLAUSE A. In the event that any part or provision contained in this Agreement be rendered or declared invalid by reason of any existing or any subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and they shall remain full in force and effect. B. No right or obligation granted or created by this Agreement shall be deemed impaired or waived for the failure of the Employer to act thereupon, and the rights created hereby shall be in addition to all other conferred by law. IN WITNESS WHEREOF, the parties hereto have set their hands, this 6 th Day of October ,2005. EMPLOYEE: 12"'~ /1/.1' /JtJ!~A Antoine VanMeir Attes . Sally Mai City Clerk Approved as to form and content: Rich Stringer, City A 0