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HomeMy WebLinkAboutR-2021-104 Agreement with Anita Morales RESOLUTION NO. R-2021-104 A RESOLUTION APPROVING AN AGREEMENT WITH ANITA MORALES BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Agreement between the City and Anita Morales, attached hereto in its substantial form, is hereby approved and the Mayor is authorized to execute the Agreement on behalf of the City; and FURTHER THAT the Mayor,the City Administrator,and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the -7U day of , 2021. - "athleenL. , yor i$ TEST_ Rbbin;I�incaid;_, ity'Clerk RESOLUTION NO. R-2021-104 Agreement This Agreement is made between the City of Riverside, Missouri ("City") and Anita Morales ("Employee"). The purpose of this Agreement is to provide terms upon which the City will pay for the expense of Employee to obtain her professional Foreign Language Interpreting Certificate and upon which Employee shall provide interpreting services to the City. 1. Introduction. The professional Foreign Language Interpreting Certificate is a 21 credit hour program consisting of 6 classes and a practicum (the "Program"). The Program begins in Fall 2021 and ends in Summer 2022. The estimated tuition of the Program is $2,328.00. The parties acknowledge that successful completion of the Program is not a job requirement, and that the City's payment of the Program's tuition represents a significant investment by the City in Employee's acquisition of new and additional job skills. Part I - Program Tuition Reimbursement 2. City's Payment of Program Tuition. The City agrees to reimburse Employee for 100%of the Program's tuition and books under this Agreement's terms. The Employee will provide a copy of her paid receipt for tuition at the beginning of each semester to the City's Human Resources Manager. The City will then issue a reimbursement payment within 21 days. Upon successful completion of the Program, the Employee is required to provide the Human Resources office with a copy of the Certification. 3. Repayment of Tuition,Amount. A. If the Employee separates from employment for any reason (voluntary or involuntary), the Employee agrees to reimburse the City according to the below repayment amounts: i. Separates less than 1 year after certification— 100%repayment; ii. Separates more than 1 year but less than 2 years after certification— 75% repayment. B. If Employee fails to complete the Program or does not achieve the passing grades necessary to obtain a certificate, the Employee agrees to reimburse the City for 100% of the reimbursement amount. 4. Repayment of Tuition, How. A. If Section 3.A is applicable, Employee authorizes the City to deduct from her wages and/or any others sums owed to her by the City (such as accrued and unpaid leave compensation), an amount equal to the City's payment of the Program tuition. Any such deductions shall not reduce Employee's wage rate below the applicable legal minimum wage rate. RESOLUTION NO. R-2021-104 Employee shall pay the City the remaining balance in six equal monthly payments. The City shall invoice Employee not earlier than 15 days nor later than 30 days following Employee's employment termination date, and then every 30 days thereafter. No interest shall be due on these six equal monthly installments if the remaining balance is fully paid within 180 days of the date of the Vt invoice. Otherwise, the remaining unpaid balance shall draw interest at the rate of nine percent (9%)per annum until paid. B. If Section 3.13 is applicable,Employee authorizes the City to deduct from her wages and/or any others sums owed to her by the City (such as accrued and unpaid leave compensation), an amount equal to the City's payment of the Program tuition. Any such deductions shall not reduce Employee's wage rate below the applicable legal minimum wage rate. Such deductions shall begin within 30 days after which Employee fails to complete the Program or does not achieve the passing grades necessary to obtain a certificate and shall continue for up to 1 year provided that Employee is still employed by the City. Monthly deduction amounts shall be in an amount equivalent to 1/12 of the remaining amount owed. At the end of the 1 year time period, all remaining amounts owed to the City will be immediately due and payable. 5. Attorney Fees. Employee will be responsible for any costs of collection incurred by the City under this Agreement, including court costs and attorney fees. Part II—Interpreting Services 6. Following successful completion of the Program, Employee agrees to provide interpreting services in the Municipal Court offices and as required by the Municipal Judge when court is in session. Additionally,Employee agrees to provide interpreting services on an on-call basis for the Police Department, which can include call-outs at any time of the day and night. In some circumstances, this might be completed via the phone. 7. The parties agree that Employee shall be compensated at her regular rate of pay for any interpreting completed during normal working hours, including while Municipal Court is in session. 8. If Employee is called back after 1 hour has passed since her workday ended, then she will qualify for Call Back Pay. Each call back is equivalent to 2 hours of overtime pay or the actual additional hours worked, whichever is greater. If the employee is asked to provide interpreting services over the phone, outside of her normal working hours, she will be compensated at a rate of $25 per incident call. Part III—General Provisions 9. The following general provisions apply to the entirety of this Agreement: A. Each party acknowledges that this Agreement was fully negotiated by the parties and,therefore,no provision of this Agreement will be interpreted against either party because such party or its legal representative drafted such provision. RESOLUTION NO. R-2021-104 B. The waiver or failure of either party to exercise, in any respect, any right provided in this Agreement shall not be deemed a waiver of any other right or remedy to which the party may be entitled. C. This Agreement may only be amended,modified,or supplemented by an agreement in writing signed by each party hereto. D. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. E. This Agreement is not assignable. F. There are no 3rd party beneficiaries to this Agreement. G. Nothing in this Agreement shall constitute or create, nor is it to be construed as constituting or creating, any "property right" in employment. This Agreement does not alter the at-will employment relationship between the City and Employee. H. This Agreement is effective upon the date last signed by the parties. [Remainder of page left blank] RESOLUTION NO. R-2021-104 Employee: City of Riverside, Missour': Anita Morales Ka een L. Rose, Mayor Dated: q -<6- 2 l Dated: ;7 p� ATTEST: \ -'Robin Kincaid, City Clerk C signed b the Purchasing Agent: Br' E. oral, ity Ad m 1 for Da _