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16 Approve and authorize a Training Reimbursement AgreementCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: A,genda Item No.: 11 /20/08 Council Date: Legal Kent McIlyar 16. 11 /24/08 RECOMMENDED MOTION: Move to approve and authorize a Training Reimbursement Agreement for new police officer recruits and new firefighter recruits. POLICY ISSUE(S): Policy and fiscal BACKGROUND: The City of Paris incurs substantial costs and expenses in the process of recruiting, testing, training, investigating, and equipping new police officer recruits and firefighter recruits for the Paris Police Department and Paris Fire Department, including but not limited to payment of salary, equipment, books and other expenses. The City cannot realistically recoup its investment in the new police and firefighter employees if they do not work for the City of Paris for at least three years. BOARD/COMMISSION RECOMMENDATION: N/A EXHIBITS: Resolution and Agreements ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report Z Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Coutt Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 - 0UU12E; DRAFT f:attorney\reswork\current\Training Reimbursement Agreemen[ RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVIIVG AND AUTHORIZING A TRAIIVING REIMBURSEMENT AGREEMENT FOR NEW POLICE OFFICER RECRUITS AND FIREFIGHTER RECRUITS; MAKING OTHER FINDIIVGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris incurs substantial costs and expenses in the process of recruiting, testing, training, investigating, and equipping new police officer recruits and firefighter recruits for the Paris Police Department and Paris Fire Department, including but not limited to payment of salary, equipment, books and other expenses; and, WHEREAS, the City cannot realistically recoup its investment in the new police and firefighter employees if they do not work for the Ciry of Paris for at least three years; and, WHEREAS, it is deemed appropriate the new police officer recruits and firefighter recruits with no prior experience or training be required to sign a Training Reimbursement Agreement, in the form attached hereto as Exhibit "A", in order that these expenditures are recaptured through the recruit's employment with the City after completion of training if the recruit terminates employment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. New police officer and firefighter recruits that do not possess the appropriate state certification for sworn police officers and certified firefighters and that will require training be required to sign a Training Reimbursement Agreement with the City in the form attached hereto as Exhibit A be, and the same is hereby approved and authorized. Section 3. This resolution shall be effective immediately upon passage. . OOUl2i DULY PASSED AND APPROVED this 24th day of November, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney w UU(i1210 TRAINING REIMBURSEMENT AGREEMENT POLICE DEPARTMENT RECRUITS This Agreement, made this the day of , 20_, by and befinreen the City of Paris, Texas, a home rule municipal corporation, hereinafter referred to as the "City," and , hereinafter referred to as the "Employee." WHEREAS, the City has hired the Employee for the position of Police Officer Recruit; and, WHEREAS, the Employee must successfully meet the minimum requirements for this position, which includes successful completion of the following training course(s): hereinafter referred to as Training; and, WHEREAS, the City has and will incur substantial expenses in the process of testing, investigating, hiring, equipping and Training the Employee and will pay the Employee during the Employee's participation in Training course and the City will pay for the cost of Training; and WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses in sending the Employee through Training, including but not limited to payment of salary or compensation, benefits, tuition, equipment, books and other expenses; and, WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured through the Employee's employment with the City after completion of Training and the City will suffer substantial losses if the Employee terminates employment. NOW, THEREFORE, in consideration of the City's training and employment of the undersigned Employee as Police Officer Recruit, the Employee hereby agrees as follows: 1. Three-Year Emplovment Commitment In consideration of the agreement by the City to provide the Employee with Training, said Employee agrees to remain employed with the City for a period of not less than three (3) years from the Employee's date of hiring with the City of Paris. 2. Reimbursement Obliqation The Employee agrees that in the event his or her employment with the City as a Police Officer RecruiUPolice Officer ceases for any reason except lay-off or personal long term disability within the Two-Year Employment Commitment set forth in Section 1, then the Employee shall reimburse the City for all costs and expenses as described in the remainder of this Agreement. 3. Costs Subject to Reimbursement Obligation In the event the Employee terminates his employment with the City prior to completing his three- year commitment, except as allowed in Section 2 above, the Employee shall reimburse the City for all sums expended by the City in connection with the Employee's Training, including but not limited to, the following: A. All tuition and other expenses incurred during Training; and B. Cost of background investigations, physical and psychological testing and drug screening; whether such investigation, testing and screening occurs before or after employment. Page 1 of 3 EXHIBIT g An estimated statement of the costs for which reimbursement will be required is attached hereto as Exhibit A and made a part hereof. However, the Employee agrees that the actual reimbursement obligation will be determined by the City based upon actual expenditures and/or reasonable estimates in the event that actual expenses cannot be documented through a reasonable effort. 4. Calculation of Reimbursement Obliqation/Credit for Continuous Emplovment The Employee will be given credit against the total reimbursement obligation for employment with the City as follows: A. The calculation of the time for the commencement of credit will begin on the date of hiring with the City of Paris. B. Credit for service rendered shall be given against the Reimbursement Obligation as follows: Full repayment (100%) of the Reimbursement Obligation is required if Employee ceases to be employed as a Police Officer within the first twenty-four months after date of hiring. Seventy-five percent (75%) repayment of the Reimbursement Obligation is required if Employee ceases to be employed as a Police Officer within twenty- four (24) and thirty-six (36) months following date of hire. C. Any absence from work due to illness, non-duty related injury or other cause for a period of greater than finro (2) weeks without prior approval shall be excluded from the period of service for which credit shall be given. 5. Terms of Repavment In the event the Employee is required to reimburse the City, the City will withhold payment of general leave time, compensatory time, etc. to apply to the Reimbursement Obligation. The remaining Reimbursement Obligation shall come out of the Employee's final paycheck. It is intended that the reimbursement shall not have the effect of reducing the Employee's salary or compensation for this final paycheck to less than the minimum wage in effect during the work period for his final paycheck. If the Employee's final paycheck is insufficient to cover the total amount, the remaining Reimbursement shall be paid by the Employee within thirty (30) days of cessation of employment. After thirty (30) days, any unpaid balance will accrue interest at the rate of one and one-half percent (1 per month (annual rate equals eighteen percent (18%)). At the option of the City, repayment of the remaining Reimbursement Obligation may be made in monthly installments of no less than one-twelfth (1/12) of the total remaining Amount payable on or before the first day of each month, beginning with the month following cessation of employment. The Employee hereby agrees that in the event the City incurs legal fees or other costs of collection in an effort to collect any delinquent sums owing pursuant to the Agreement, the Employee will pay such reasonable expenses in addition to the Reimbursement Obligation then due. 6. Severabilitv If any provision of this Agreement is legally adjudicated invalid or unenforceable, the parties do hereby covenant and agree that such portion or portions are absolutely and completely severable Page 2 of 3 . OO0136 from all other portions of this Agreement, and such other provisions shall not be affected by the adjudication of invalidity or unenforceability. 7. Governina Law This Agreement is governed by the laws of the State of Texas. This agreement shall be performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in Lamar County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM AND LEGALITY: CITY OF PARIS, TEXAS W. Kent Mcllyar, City Attorney Date Page 3 of 3 Kevin Carruth, City Manager Date DEPARTMENT DIRECTOR Karl Louis, Chief of Police Date EMPLOYEE Signature Address Date 0 OOU13i. TRAINING REIMBURSEMENT AGREEMENT FIRE DEPARTMENT RECRUITS This Agreement, made this the day of , 20_, by and between the City of Paris, Texas, a home rule municipal corporation, hereinafter referred to as the "City," and , hereinafter referred to as the "Employee." WHEREAS, the City has hired the Employee for the position of Firefighter Recruit; and, WHEREAS, the Employee must successfully meet the minimum requirements for this position, which includes successful completion of the following training course(s): hereinafter referred to as Training; and, WHEREAS, the City has and will incur substantial expenses in the process of testing, investigating, hiring, equipping and Training the Employee and will pay the Employee during the Employee's participation in Training course and the City will pay for the cost of Training; and WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses in sending the Employee through Training, including but not limited to payment of salary or compensation, benefits, tuition, equipment, books and other expenses; and, WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured through the Employee's employment with the City after completion of Training and the City will suffer substantial losses if the Employee terminates employment. NOW, THEREFORE, in consideration of the City's training and employment of the undersigned Employee as Firefighter Recruit, the Employee hereby agrees as follows: Three-Year Emqloyment Commitment In consideration of the agreement by the City to provide the Employee with Training, said Employee agrees to remain employed with the City for a period of not less than three (3) years from the Employee's date of hiring with the City of Paris. Reimbursement Obligation The Employee agrees that in the event his or her employment with the City as a Firefighter RecruibFirefighter ceases for any reason except lay-off or personal long term disability within the Two-Year Employment Commitment set forth in Section 1, then the Employee shall reimburse the City for all costs and expenses as described in the remainder of this Agreement. 3. Costs Subject to Reimbursement Obliqation In the event the Employee terminates his employment with the City prior to completing his three- year commitment, except as allowed in Section 2 above, the Employee shall reimburse the City for all sums expended by the City in connection with the Employee's Training, including but not limited to, the following: A. All tuition and other expenses incurred during Training; and B. Cost of background investigations, physical and psychological testing and drug screening; whether such investigation, testing and screening occurs before or after employment. Page 1 of 3 0 OOU13"" An estimated statement of the costs for which reimbursement will be required is attached hereto as Exhibit A and made a part hereof. However, the Employee agrees that the actual reimbursement obligation will be determined by the City based upon actual expenditures and/or reasonable estimates in the event that actual expenses cannot be documented through a reasonable effort. 4. Calculation of Reimbursement Obliqation/Credit for Continuous Emplovment The Employee will be given credit against the total reimbursement obligation for employment with the City as follows: A. The calculation of the time for the commencement of credit will begin on the date of hiring with the City of Paris. B. Credit for service rendered shall be given against the Reimbursement Obligation as follows: Full repayment (100%) of the Reimbursement Obligation is required if Employee ceases to be employed as a Firefighter within the first finrenty-four months after date of hiring. 2. Seventy-five percent (75%) repayment of the Reimbursement Obligation is required if Employee ceases to be employed as a Firefighter within finrenty-four (24) and thirty-six (36) months following date of hire. C. Any absence from work due to illness, non-duty related injury or other cause for a period of greater than two (2) weeks without prior approval shall be excluded from the period of service for which credit shall be given. 5. Terms of Reqavment In the event the Employee is required to reimburse the City, the City will withhold payment of general leave time, compensatory time, etc. to apply to the Reimbursement Obligation. The remaining Reimbursement Obligation shall come out of the Employee's final paycheck. It is intended that the reimbursement shall not have the effect of reducing the Employee's salary or compensation for this final paycheck to less than the minimum wage in effect during the work period for his final paycheck. If the Employee's final paycheck is insufficient to cover the total amount, the remaining Reimbursement shall be paid by the Employee within thirty (30) days of cessation of employment. After thirty (30) days, any unpaid balance will accrue interest at the rate of one and one-half percent (1 per month (annual rate equals eighteen percent (18%)). At the option of the City, repayment of the remaining Reimbursement Obligation may be made in monthly installments of no less than one-twelfth (1/12) of the total remaining Amount payable on or before the first day of each month, beginning with the month following cessation of employment. The Employee hereby agrees that in the event the City incurs legal fees or other costs of collection in an effort to collect any delinquent sums owing pursuant to the Agreement, the Employee will pay such reasonable expenses in addition to the Reimbursement Obligation then due. Severabilitv If any provision of this Agreement is legally adjudicated invalid or unenforceable, the parties do hereby covenant and agree that such portion or portions are absolutely and completely severable Page 2 of 3 • 0OU13:~ from all other portions of this Agreement, and such other provisions shall not be affected by the adjudication of invalidity or unenforceability. 7. Governinq Law This Agreement is governed by the laws of the State of Texas. This agreement shall be performed in Lamar County, Texas, therefore, any legal actions arising hereunder shall lie in Lamar County, Texas. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. APPROVED AS TO FORM AND LEGALITY: CITY OF PARIS, TEXAS W. Kent Mcllyar, City Attorney Date Page 3 of 3 Kevin Carruth, City Manager Date DEPARTMENT DIRECTOR Ronnie Grooms, Fire Chief Date EMPLOYEE Signature Address Date - OUVl;s~