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HomeMy WebLinkAboutR-2025-082 Employment Incentive Agreement RESOLUTION NO. R-2025-082 A RESOLUTION APPROVING THE FORM OF EMPLOYMENT INCENTIVE AGREEMENT 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 agreement, which are attached hereto in the substantial form and incorporated herein: i) Employment Incentive Agreement for New POST Certified Police Officers; and FURTHER THAT the Board authorizes the City Administrator to execute such agreement 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 17th day of June 2025. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City 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 following successful completion of the field training program. If the Individual successfully completes one (1)year of service,the City will compensate the Individual an additional $5,000 minus applicable employment taxes. (b) The Individual may at their discretion, elect to purchase up to a maximum of 80 hours of vacation time with part of their first $5,000 payment. This election must be made before the first payment on the attached election form and is subject to the repayment schedule detailed below. (c) 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). (d) 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). In addition, the individual shall reimburse the City for the value of any vacation time purchased under section 3(b). 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 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 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. (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. ADDITONAL 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 , 202_. City of Riverside, Missouri: City Administrator Dated: Attest: City Clerk Individual: Dated: Employment Incentive Agreement Election Form Individual elects the following payment method: Payment 1 — On the first paycheck following completion of FTO Full $5,000 cash payment Purchase up to 80 hours of vacation in lieu of full payment Rate of Pay Hours Purchased Total Vacation Cost Remining Incentive Payment Payment 2 —S5,000 on the first paycheck following one year of service Name Signature Date