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HomeMy WebLinkAboutR-2024-041 Approving the Form of Employment Incentive Agreements and Authorizing the City Administrator to Execute the same RESOLUTION NO. R-2024-041 A RESOLUTION APPROVING THE FORM OF EMPLOYMENT INCENTIVE AGREEMENTS AND AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE SAME BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI,AS FOLLOWS: THAT the Board approves the following agreements, which are attached hereto in their substantial form and incorporated herein: i) Employment Incentive Agreement for New POST Certified Police Officers; ii) Employment Incentive Agreement for New Non-POST Certified Police Officers;and iii) Employment Incentive Agreement for CDL Training; and FURTHER THAT the Board authorizes the City Administrator to execute such agreements when he determines that it is necessary and appropriate to do so in the administration of the personnel system; and FURTHER THAT the Mayor, the City Administrator, the HR Manager 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; and FURTHER THAT this Resolution will be effective from and after the date of its approval. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 16th day of April 2024. • ttWt,A1)4 7orie t2L Kat leen L. Rose, May ATU'EST: Robin Kincaid, ity Clerk Police—already has academy CITY OF RIVERSIDE,MISSOURI EMPLOYMENT INCENTIVE AGREEMENT 1. PURPOSE The purpose of this agreement is to provide financial incentive for employment as a police officer and be willing to work for the City of Riverside("City") for at least three(3)years following. 2. PARTIES This is an agreement between the City and ("Individual"). 3. TERMS AND AGREEMENT It is agreed between the parties and in consideration of the mutual covenants set forth herein as follows: (a) The Individual shall accept employment as a police officer. If this condition is met, the City will compensate the Individual$5,000 minus applicable employment taxes on their first paycheck. If the Individual successfully completes the field training program and one (1) year of service, the City will compensate the Individual an additional $5,000 minus applicable employment taxes. (b) Upon hire, Individual agrees to provide the City with three (3) years of full-time service as a police officer subject to Section 4(g). (c) If the Individual voluntarily terminates his/her full-time employment or be involuntarily terminated with the City at any time within thirty-six (36) months after the date of hire,then such Individual shall reimburse the City a portion of the money paid to him/her under Section 3(a).The money shall be paid back to the City within six (6) months from the date of separation according to the following schedule: (i) Less than one year since hire— 100% (ii) More than one but less than two years since hire—75%repayment (iii) More than two but less than three years since hire—50%repayment (d) The Individual agrees that the amount to be reimbursed to the City may be deducted from compensation and/or any other sums that may be due the Individual at the time of such termination of service to the maximum extent allowed by law. Any additional balance owed by the employee will be paid in six(6)equal monthly payments commencing on the 15`h of the month following the month in which the employee's employment with the City ends. If the balance owed exceeds $5,000, the City may, at its discretion, approve a repayment plan that exceeds six (6) months, provided that interest will accrue after the initial six(6)month period. 1 (e) Attorney's Fees. If the City brings any legal action regarding the collection under or enforcement of this Agreement, the City shall be entitled to recover its reasonable attorney fees from the Individual,in addition to any other relief that may be granted. (f) If the Individual's employment is discontinued due to injury or illness resulting in the Individual's permanent inability to perform the essential functions of the job, the Individual will not be responsible for repayment. If the Individual's employment is discontinued due to death,the Individual's heirs to their estate will not be responsible for repayment. 4. ADDITIONAL PROVISIONS (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. (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 remedies provided in this Agreement shall not be exclusive of any other rights or remedies available to one party against the other, either at law or in equity. (e) This Agreement is not assignable. (f) There are no 3`d 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) The Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Missouri.The parties hereto agree that any action at law, suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Platte County, Missouri or in federal court of the Western District of Missouri and waive any objection based upon venue or forum or otherwise. (i) This Agreement is effective upon the date last signed by the parties. (j) By signing this Agreement, the Individual acknowledges that the Individual has had sufficient time to examine the Agreement, including the opportunity to consult with an attorney about the Agreement, and fully understands the contents herein. IN WITNESS HEREOF, this agreement has been executed this day of , 2024. City of Riverside, Missouri: Brian Koral City Administrator Dated: Attest: Robin Kincaid City Clerk Individual: Dated: Police—before academy CITY OF RIVERSIDE,MISSOURI EMPLOYMENT INCENTIVE AGREEMENT 1. PURPOSE The purpose of this agreement is to provide financial incentive to enroll and complete the police academy and be willing to work for the City of Riverside ("City") for at least three (3)years following. 2. PARTIES This is an agreement between the City and ("Individual"). 3. TERMS AND AGREEMENT It is agreed between the parties and in consideration of the mutual covenants set forth herein as follows: (a) The Individual shall enroll in the police academy at Kansas City Police Department by and stay continuously enrolled and regularly attend class. While enrolled,the Individual shall make passing grades.The City will pay the full tuition for the police academy. (b) Upon successful completion of the police academy and successfully obtaining a Missouri POST license, Individual will receive a $1,000 retention incentive and agrees to provide the City with three(3)years of full-time compensated service as a police officer subject to Section 4(g). (c) If the Individual quits the police academy, fails the program, or is otherwise unsuccessful in obtaining Missouri POST licensing, then Individual agrees to pay back to the City all tuition expenses paid on their behalf under Section 3(a)plus all money paid to them under Section 3(b). The money shall be paid back to the City in full within 6 months from the date of written notice by the City in the case of quitting the program, failing the program, or being unsuccessful in obtaining licensing. (d) The Individual further agrees that if he/she should voluntarily terminate his/her full- time employment or be involuntarily terminated with the City at any time within three (3) years after the date of employment; then such Individual shall reimburse the City all or a portion of the money paid on their behalf in Section 3(a)or paid to him/her under Section 3(b). The money shall be paid back to the City within 6 months from the date of separation according to the following schedule: (i) Less than one year since hire— 100%repayment (ii) More than one but less than two years since hire—75%repayment (iii) More than two but less than three years since hire—50%repayment 1 (e) The Individual agrees that the amount to be reimbursed to the City may be deducted from compensation and/or any other sums that may be due the Individual at the time of such termination of service to the maximum extent allowed by law. Any additional balance owed by the employee will be paid in six (6) equal monthly payments commencing on the 15t''of the month following the month in which the employee's employment with the City ends. If the balance owed exceeds $5,000, the City may, at its discretion, approve a repayment plan that exceeds six (6) months,provided that interest will accrue after the initial six(6)month period. (f) Attorney's Fees. If the City brings any legal action regarding the collection under or enforcement of this Agreement, the City shall be entitled to recover its reasonable attorney fees from the Individual,in addition to any other relief that may be granted. (f) If the Individual's employment is discontinued due to injury or illness resulting in the Individual's permanent inability to perform the essential functions of the job, the Individual will not be responsible for repayment. If the Individual's employment is discontinued due to death, the Individual's heirs to their estate will not be responsible for repayment. 4. ADDITIONAL PROVISIONS (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. (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 remedies provided in this Agreement shall not be exclusive of any other rights or remedies, either at law or in equity. (e) This Agreement is not assignable. (f) There are no 3`d 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) The Agreement shall be governed by and interpreted, construed and enforced in accordance with the laws of the State of Missouri.The parties hereto agree that any action at law, suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Platte County, Missouri or in federal court of the Western District of Missouri and waive any objection based upon venue or forum or otherwise. (i) This Agreement is effective upon the date last signed by the parties. (j) By signing this Agreement, the Individual acknowledges that the Individual has had sufficient time to examine the Agreement,including the opportunity to consult with an attorney about the Agreement, and fully understands the contents herein. [Remainder of page left blank] IN WITNESS HEREOF, this agreement has been executed this day of , 2024. City of Riverside, Missouri: Brian Koral City Administrator Dated: Individual: Dated: Public Works - CDL CITY OF RIVERSIDE,MISSOURI CDL TRAINING AGREEMENT 1. PARTIES. This is an agreement between the City of Riverside, Missouri and ("Individual"). 2. PURPOSE The Individual is not currently certified to drive a commercial vehicle. The Individual is desirous of attending a training program and thereafter obtaining a Commercial Driver's License. The City is willing to pay the costs associated with the training provided that the Individual remain employed with the City for at least three(3) years following successful completion of the training. 3. TERMS AND AGREEMENT It is agreed between the parties and in consideration of the mutual covenants set forth herein as follows: (a) The City will pay for the costs associated with the Individual's training. The CDL training is provided by a third-party,and the Individual agrees to reimburse the City its actual expenses associated with such training, which will be$ (b) Upon successful completion of the CDL training program, including obtaining a commercial driver's license, Individual agrees to provide the City with three (3) years of full-time service in the Public Works Department, subject to Section 4(g). (c) If the Individual voluntarily terminates his/her fulltime employment or be involuntarily terminated with the City at any time within three (3) years after the date of completion of the CDL training program, then such Individual shall reimburse the City all money paid to him/her or for his/her behalf under Section 3(a).The money shall be paid back to the City in full within 6 months from the date of separation. (d) The Individual agrees that the amount to be reimbursed to the City may be deducted from compensation and/or any other sums that may be due the Individual at the time of such termination of service to the maximum extent allowed by law. Any additional balance owed by the employee will be paid in six (6) equal monthly payments commencing on the 15th of the month following the month in which the • employee's employment with the City ends. If the balance owed exceeds $5,000, the City may, at its discretion, approve a repayment plan that exceeds six (6) months, provided that interest will accrue after the initial six(6) month period. (e) Attorney's Fees. If the City brings any legal action regarding the collection under or enforcement of this Agreement, the City shall be entitled to recover its 1 reasonable attorney fees from the Individual,in addition to any other relief that may be granted. (f) If the Individual's employment is discontinued due to injury or illness resulting in the Individual's permanent inability to perform the essential functions of the job, the Individual will not be responsible for the reimbursement of money paid to him/her under Section 3(a). 5. ADDITIONAL PROVISIONS (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. (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 remedies provided in this Agreement shall not be exclusive of any other rights or remedies available to one party against the other, either at law or in equity. (e) This Agreement is not assignable. (0 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 Individual. (h) The Agreement shall be governed by and interpreted, construed, and enforced in accordance with the laws of the State of Missouri.The parties hereto agree that any action at law, suit in equity, or other judicial proceeding arising out of this Agreement shall be instituted only in the Circuit Court of Platte County, Missouri or in federal court of the Western District of Missouri and waive any objection based upon venue or forum or otherwise. (i) Failure to fulfill the provisions of this Agreement shall be considered a breach of contract. (j) This Agreement is effective upon the date last signed by the parties. (k) By signing this Agreement, the Individual acknowledges that the Individual has had sufficient time to examine the Agreement, including the opportunity to consult with an attorney about the Agreement,and fully understands the contents herein. [Remainder of page left blank] IN WITNESS HEREOF, this agreement has been executed this day of , 2024. City of Riverside, Missouri: Brian Koral City Administrator Dated: Individual: Dated: