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HomeMy WebLinkAboutR-2025-005 Agreement for $9,500.00 with Erika Benitez Attend Training RESOLUTION NO. R-2025-005 A RESOLUTION APPROVING AN AGREEMENT WITH ERIKA BENITEZ BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI,AS FOLLOWS: THAT the Agreement between the City and Erika Benitez, 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 21st day of January 2025. Kathleen L. Rose, Mayor :ATTEST: Robin Kincaid, City Clerk RESOLUTION NO. R—2025-005 Agreement This Agreement is made between the City of Riverside, Missouri ("City") and Erika Benitez ("Employee"). The purpose of this Agreement is to provide terms upon which the City will pay for the expense of Employee to pursue a personal professional development opportunity through the University of Virginia's Senior Executive Institute program. 1. Introduction. The Senior Executive Institute program is a two week residential leadership program for local government executives (the"Program"). The Program begins July 13, 2025 and ends in July 25, 2025. The estimated tuition of the Program is $9,500, which includes instruction, lodging, most meals, and materials. The parties acknowledge that successful completion of the Program is not a job requirement, and that the City's payment of the Program's fees represents a significant investment by the City in Employee's acquisition of new and additional job skills. Part I- Program Fees Payment 2. City's Payment of Program Fees. The City agrees to fund 100% of the Program's fees under this Agreement's terms. The Employee will provide a copy of the City's paid receipt for the Program to the City's Human Resources Manager. Upon successful completion of the Program, the Employee is required to provide the Human Resources Manager with documentation certifying successful completion of the program. 3. Repayment of Fees,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 Program completion— 100%repayment; ii. Separates more than 1 year but less than 2 years after Program completion —75%repayment. iii. Separates more than 2 years but less than 3 years after Program completion —50%repayment. B. If Employee fails to complete the Program or does not achieve the requirements necessary for Program completion, the Employee agrees to reimburse the City for 100% of the program fees. 4. Repayment of Fees, How. A. If Section 3.A is applicable, Employee authorizes the City to deduct from their wages and/or any others sums owed to her by the City (such as accrued and unpaid leave RESOLUTION NO. R—2025-005 compensation), an amount equal to the City's payment of the Program fees. Any such deductions shall not reduce Employee's wage rate below the applicable legal minimum wage rate. 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 1st invoice. Otherwise, the remaining unpaid balance shall draw interest at the rate of nine percent (9%)per annum until paid. B. If Section 3.B is applicable, Employee authorizes the City to deduct from their wages and/or any other sums owed to them by the City (such as accrued and unpaid leave compensation), an amount equal to the City's payment of the Program fees. 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 requirements necessary to successfully complete the Program 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. Failure to achieve the requirements necessary for Program completion" shall be defined as failure to attend the full duration of the Program, failure to meet the.Program's performance or participation standards as set by the University of Virginia's Senior Executive Institute, or failure to obtain the required certification or documentation of completion as provided by the Program. 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 III—General Provisions 6. 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. 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. RESOLUTION NO. R— 2025-005 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— 2025-005 Employee: City of Riverside, Missouri: FAA( ob- A. Erika Benitez Kath een L. Rose, Mayor Dated: 1 JZZIZUZ Sr- Dated: �.(,a oaf ..- -% 'ATTEST: • `. 4,- - ,-,,_ ........, . , . Q `, Robin Kincaid, City Clerk ' ' '' - Countersi: -• he Purchasing Agent: AI`_ .r- _ Bri. . Kor.., City A;. ; or D I ted: O1 -)5 ;c_