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2008-103-RES-Approving and authorizing a training reimbursement agreement for new police officer & firefighter recruitsRESOLUTION 1V0. 2008-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING AND AUTHORIZING A TRAINING REIMBURSEMENT AGREEMENT FOR NEW POLICE OFFICER RECRUITS AND FIREFIGHTER RECRUITS; MAKING OTHER FINDINGS 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 re ruiting, testing, training, investigating, and equipping new police officer recruits and fir fighter recruits for the Paris Police Department and Paris Fire Department, including b t not limited to payment of tuition, books, equipment, testing, salary and benefits and ot er expenses; and, WHEREAS, the City cannot realistically recover its investment in the new police and ter employees if they do not work for the City of Paris for at least three years; and, WHEREAS, it is deemed appropriate the new probationary police officers and pr bationary firefighters that require training and certification before they are able to w rk in the Police or Fire Departments of the City of Paris be required to sign a Training R'mbursement Agreement, in a form substantially equivalent to the form attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF P RIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all ithings approved. Section 2. New probationary police officers and probationary firefighters of red employment with the City of Paris from and after the effective date of this Re olution, that do not possess the appropriate state certification for sworn police officers an certified firefighters and that will require training at City expense be required to sign a Tr ining Reimbursement Agreement with the City in a form substantially equivalent to the fo m attached hereto as Exhibit A. Section 3. This resolution shall be effective immediately upon passage. DULY PASSED AND APPROVED this 24th day of November, 2008. / ~ ~ esse Jam Freelen, Mayor A' Ellis, City Clerk AS TO FORM: Kent McIlyJvCJy Attorney TRAINING REIMBURSEMENT AGREEMENT POLICE DEPARTMENT RECRUITS This Agreement, made this the day of , 20 , of Paris, Texas, a home rule municipal corporation, hereinafter referred to , hereinafter referred to as the "Employee." by and between the as the "City," and WHEREAS, the City has hired the Employee for the position of Probationary Police Officer; and, WHEREAS, the Employee must successfully meet the minimum requirements for this position, includes successful completion of the following training course(s): nafter referred to as Training; and, WHEREAS, the City has and will incur substantial costs and expenses in the process of testing, ~stigating, hiring, equipping and Training the Employee and will pay the Employee's salary and efits during the training and certification process; and WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses in ending the Employee through Training, including but not limited to payment of salary and benefits, tui ion, equipment, books and other expenses; and, WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured th ugh the Employee's employment with the City after completion of Training and the City will suffer su stantial losses if the Employee terminates employment early. NOW, THEREFORE, in consideration of the City's training and employment of the undersigned ployee and the Employee's service as a police officer for the City of Paris, Texas, and other good and aable consideration the receipt of which is hereby acknowledged, the Ciry and the Employee hereby ees as follows: Three-Year Emplovment Commitment In consideration of the City's agreement to train and employ the Employee, said Employee agrees to remain employed with the City of Paris Police Department for a period of not less than three (3) years from the Employee's date of hiring. Reimbursement Obliqation The Employee agrees that in the event his or her employment with the City as a Police Officer ceases for any reason, except involuntary lay-off by the City or personal long term disability, within the Three-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. 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, books, equipment and other expenses incurred during Training; and 1 of3 EXHIBIT B. Cost of background investigations, physical and psychological testing and drug screening; whether such investigation, testing and screening occurs before or after employment. 4. 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. Calculation of Reimbursement Obliqation A. The Employee's length of service with the City will be calculated from the Employee's date of hiring to the date of Employee's resignation of employment with the City of Paris. B. In the event the Employee terminates his employment with the City prior to completing his three-year commitment, the reimbursement due City will be calculated as follows: Full repayment (100%) of the Reimbursement Obligation is required if Employee ceases to be employed as a Police Officer within the first finrenty-four (24) months after the date of hiring. 2. 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) to thirty-six (36) months following the date of hire. 5. 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. 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 percent (1%) per month (annual rate equals twelve percent (12%). 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. 2of3 6 7 8 Severability 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 from all other portions of this Agreement, and such other provisions shall not be affected by the adjudication of invalidity or unenforceability. Governinct 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. Entire Agreement This Agreement contains the entire agreement between the City and the Employee, and cannot be varied except by written agreement executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and first above written. D AS TO FORM: Kent Mcllyar, City Attorney CITY OF PARIS, TEXAS Kevin Carruth, City Manager Date DEPARTMENT DIRECTOR Karl Louis, Chief of Police Date EMPLOYEE Signature Address Date 3of3 TRAINING REIMBURSEMENT AGREEMENT FIRE DEPARTMENT RECRUITS This Agreement, made this the day of , 20_, by and between the Cit 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 Probationary Firefighter; and, WHEREAS, the Employee must successfully meet the minimum requirements for this position, includes successful completion of the following training course(s): referred to as Training; and, WHEREAS, the City has and will incur substantial costs and expenses in the process of testing, ating, hiring, equipping and Training the Employee and will pay the Employee's salary and during the training and certification process; and WHEREAS, the Employee acknowledges that the City will incur substantial costs and expenses in ending the Employee through Training, including but not limited to payment of salary and benefits, tui ion, equipment, books and other expenses; and, WHEREAS, the Employee acknowledges that these expenditures are expected to be recaptured th ugh the Employee's employment with the City after completion of Training and the City will suffer su stantial losses if the Employee terminates employment early. Er va fol 3. NOW, THEREFORE, in consideration of the City's training and employment of the undersigned ployee and the Employee's service as a Firefighter for the City of Paris, Texas, and other good and aable consideration the receipt of which is hereby acknowledged, and the Employee hereby agrees as Three-Year Emplovment Commitment In consideration of the City's agreement to train and employ the Employee, said Employee agrees to remain employed with the City of Paris Police Department for a period of not less than three (3) years from the Employee's date of hiring. Reimbursement Obligation The Employee agrees that in the event his or her employment with the City as a Firefighter ceases for any reason, except involuntary lay-off by the City or personal long term disability, within the Three-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. Costs Subiect 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, books, equipment and other expenses incurred during Training; and 1 of 3 B. Cost of background investigations, physical and psychological testing and drug screening; whether such investigation, testing and screening occurs before or after employment. 4 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. Calculation of Reimbursement Obligation A. The Employee's length of service with the City will be calculated from the Employee's date of hiring to the date of Employee's resignation of employment with the City of Paris. B. In the event the Employee terminates his employment with the City prior to completing his three-year commitment, the reimbursement due City will be calculated 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 (24) after the 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) to thirty-six (36) months following the 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. Terms of Repayment 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 percent (1 per month (annual rate equals twelve percent (12%). 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. 2of3 6 7. 8. 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 from all other portions of this Agreement, and such other provisions shall not be affected by the adjudication of invalidity or unenforceability. 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. Entire Agreement This Agreement contains the entire agreement between the City and the Employee, and cannot be varied except by written agreement executed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and first above written. D AS TO FORM: Kent Mcllyar, City Attorney Kevin Carruth, City Manager Date DEPARTMENT DIRECTOR Ronnie Grooms, Fire Chief Date EMPLOYEE Signature Address Date 3 of 3 CITY OF PARIS, TEXAS