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HomeMy WebLinkAbout2024-08-19 I01E_02 Buyout-Training Expense Reimbursement_HerraraAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: August 19, 2024 AGENDA ITEM:Consideration of approval of a resolution approving Buyout/Reimbursement training Expense Agreement FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: Melvin Herrara recently accepted an offer of employment with the Waukee Police department as a certified Police Officer with an anticipated start date of September 3, 2024. The City has agreed to buyout the balance of Mr. Herrara’s training agreement with the City of Iowa City and establish terms in the event the employee is terminated or resigns from the Waukee Police Department without having served as a certified Police Officer for at least two years from the date of hire. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Estimated $9,532.89 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the Buyout/Reimbursement Training Expense agreement. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I.Proposed Resolution II. Buyout/Reimbursement training Expense Agreement PREPARED BY:Michelle Lindsay REVIEWED BY: . I1E2 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING BUYOUT/REIMBURSEMENT TRAINING EXPENSE AGREEMENT BETWEEN MELVIN HERRARA AND THE CITY OF WAUKEE, IA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the Waukee Police Department has made an offer of employment as a certified Police Officer to Melvin Herrara, who has accepted the position, with an anticipated start date of September 3, 2024; AND, WHEREAS, Herrara was formerly employed by the City of Iowa City, Iowa as a certified Police; AND, WHEREAS, the City and the employee agree the City of Waukee will pay to the City of Iowa City, Iowa a total of $9,532.89 to satisfy an existing contract covering Herrara’s initial certified peace officer training costs and establish terms in the event the employee is terminated or resigns from the Waukee Police Department without having served as a certified Police Officer for at least two years from the date of hire ; AND, WHEREAS, the agreement shall not be construed in any way as an employment agreement, which would proffer a property right or interest in employment. WHEREAS, City staff recommends approval of a Buyout/Reimbursement Training Expense Agreement to address matters related to Melvin Herrara’s certified peace officer training costs. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of August 2024, that the Buyout/Reimbursement Training Expense Agreement between Melvin Herrara and the City of Waukee, IA, is hereby accepted and approved. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair AGREEMENT This agreement is entered into by the City of Waukee. Iowa" hereinafter refened to as "City" and Melvin Herrara, hereinafter referred to as "Employee." THE INTENT OF THIS AGREEMENT IS TO PROVIDE FOR THE CITY OF WAUKEE, IOWA TO BUYOUT / REIMBURSE TRAINING EXPENSES INCURRED BY THE CITY OF IOWA CITY, IOWA FOR THE BENEFIT OF MELVIN HERRARA TO SERVE AS A CERTIFIED POLICE OFFICER IT SHALL NOT BE CONSTRUED IN ANY WAY AS AN EMPLOYMENT AGREEMENT, WHICH WOULD PROFFER A PROPERTY RIGHT OR INTEREST IN EMPLOYMENT. 1. The City and the Employee agree the City of Waukee will pay to the Citv of Iowa Citv. Iowa a total of $9.532.89 to satisfr an existing contract covering employee's initial certified peace officer taining costs. 2.T'heEmployee shall have aprobationary period of one year, consistent with Waukee Police Department policy and State law. 3. In consideration for the City paying the Reimbursement Amount, the Employee agrees to work for the City as a police offrcer for at least two yeaxs from the date of hire. 4. In the event the Employee is terminated from the Waukee Police Departrnent or the Employee resigns without having served as a certified police officer for at least two yeaxs after the date of hire, the Employee shall reimburse the City in accordance with the following schedule. a. If the Employee is terminated or resigns less than one year following the payment of the Reimbursement Amount, one hundred percent (10070) shall be paid by Employee to City. b. If the Employee is terminated or resigns after one year but less than two years after the payment of the . Reimbursement Amount fifty percent (50%) shall be paid by Employee to City. 5. If the Employee is terminated or resigrs after the second full year, Employee shall not be responsible to pay any of the Reimbursement Amount to City. 6. The reimbursement total pursuant to the above repayment schedule shall be made within 30 days of termination or voluntary resignation, unless the parties agree in writing to alternate arrangements. lnterest shall commence from the date of termination or voluntary resignation at the rate of five percent (5%o) per annum, and shall be calculated on the ,rnpaid principal balance after thirty days from the date of termination or voluntary resignation. Interest will not apply if the parties agree, in writing, on alternate repayment axrangements as long as Employee is in compliance with the altemate arrangements. 7. It is further acknowledged if reimbursement is not made in accordance with this agreement, the City may seek the Employee's decertification as an Iowa law enforcement officer, as well as any further remedies available to the City under the law for collection of the amounts owed. Employee agrees to reimburse the City for any and all attorneys fees incurred in collecting the amounts owing under the Agreement. 8. This Agreement is governed by Iowa Law and the parties hereto agree any action, suit, or proceeding based upon any matter, claim, or controversy arising under this agrcement shall be brought solely in the state courts located in Dallas County, Iowa. Waukee Police Departm ent Reimbursement Agreement Page I of2 9. This agreement may be amended or canceled only upon agreement, in writing, of both the City and the Employee. fr Executedthis Y day of ftUV ,2024. (or designee) Waukee Police Department Reimbursement Agreement Page 2 of2 OFFICER TRAINING REIMBT'RSEMENT AGREEMENT THIS AGREEMENT, made and enterd this i4e Day of Noverrbe4}A}l, by and between the City of Iowa City, Iowa, a Municipal Corporatiorq 410 E. Washington Street, Iowa City, Iowa 52240 (the "CITYil) and Melvin Herrera,1265 Melrose Ave., fowa City, Iowa (the "THE EMPLOYEE"). TI{E INTENT OF TIIIS AGREEMENT IS TO PROVIDE FOR THE TRAINING OF THE EMPLOYEE AS A POLICE OFFICER, AND TO SPECTFY THE CONSIDERATION THAT THE EMPLOYEE PROVIDES THE CITY IN RETURN FOR SAID TRAINING. THIS AGREEMENT OLTTLINES THE RIGHTS A}.ID RESPONSIBILITIES OF THE CITY AND THE EMPLOYEE TO PROVIDE IOWA LAW ENFORCEMENT CERTTFICATION TRAININC AND REIMBURSEMENT OF THE COSTS OF SUCH TRAINING UNDER THE CONDITIONS OUTLINED BELOW. THIS AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY AS AN EMPLOYMENT AGREEMENT TIIAT WOT]LD PROFFER A PROPERTY RIGHT OR INTEREST TO THE EMPLOYEE. NOW, THEREFORE, THE CITY A}ID THE EMPLOYEE, FOR CONSIDERATION HEREIN SET FORTH, DO MUTUALLY AGREE AS FOLLOWS: L TRAININC O['TIIE EMPLOYEE Thc CITY and the EMPLOYEE hereby acknowldge that all law enforccment oflicers mtst bc c€rtified through the sr:ccessful complction of training at an approved law eirforcsnent training facility to be eligible for ernployrrelrt as an Iowa law enforcement officer. The CITY and EMPLOYEE acknowledge that EMPLOYEE is not currently ccrtificd to pcrform thc duties of an Iowa law enforcement officer. To that en4 the CITY and the EMPIOYEE hercby expressly agree that the CITY shall pay the total training expenses as defined and set forth bclow for the EMPLOYEE to attend the Iowa Law Enforc€ment Academy or Cedar Rapids Police Acaderny (the nAcademy') to obtain Iowa Law Enforceinent Certification as sq)n as the EMPLOYEE is accepted itro the program. 1) Total training exlrenses ('Total Training Expense") rqxesents the tcturl costs incurrcd by the CITY for: a) Wages paid (above curent ffiual, state, or CITY e,mployee minimun wage, whichever is greate$ and bsnefits provided to the EMPLOYEE while attending the Academy (salary costs above the currerrt federal minimum wage while intraining); and b) The cost of ravel to and from the Aeademy; and e) Any monies paid to the EMPLOYEE while stndying for classes at the Acadeiny; and d) The EMPLOYEE S mileagg food, lodging and tuition while attending the Acaderny; and e) All costs associated with replacing an offrcer while in training if the repliacement officer is a temporary employee hired for that purpose only, or if the replaceme,nt requires the payment of overtime; andf) Any other costs incurred by the City relating to the training of the EMPLOYEE; OR, 2) "Total Training Expenses" do not include wages and benefits for any time spent by the EMPLOYEE perfomring services for the CITY, inchrding dispatching filing, patrol work" or other work assigned by the CITY. A. B. 3) fu estimate of Total Training Expenses is set forth in Exhibit "A" attached hereto and incorporated by this reference herein for the EMPLOYEE'S reference. Both parties hersto acknowledge and agree that Total Training Expe,nses shall be based on actual costs incurred by the CITY. Accordingly, upon the Employee's successful complaion oftraining at the Academy and certification as a law enforcement ofEcer, the CITY shall pmvide the Employee with an iternization of Total Training Expenses incurred by the CITY hereunder for the EMPLOYEES files. This final accounting of actual Total Training Expeirses stlall be in essentially the same fomrat as estimatd costs are pres€nted in Exhibit "A" ofthis Agreement. B. In the went the EMPLOYEE elects not to complete the Acaderry training program or does not otherurise suecessfully complete the Acaderny training program, the EMPLOYEE shall be released from enrployment with the CITY, and the EMPLOYEE shall reimburse the CITY for Total Training Expeirses incurred to date in accordance with the reimburseurent obligations set forth in Soction II below. REIMBURSEMENT OF TOTAL TRAINING EXPENSES A. In eonsideration of the e:rpenditrnes incurred by the CITY to train the EMPLOYEE as a c€rtifid law enforcernent officer, the EMPLOYEE expressly agrees to serve as a full time police officer for the CITY for at lea$t four (4) years from the date upon which the EMPLOYEE graduates from the and has met all other criteria needed to receive proper certification as a law emforcemeirt officer. B. If any of the following occurs during the Reimbursenre,nt Period: 1) The EMPLOYEE volurtarily resigrrs from the Iowa City Police Deparunexil; OR 2) The EMPLOYEE is dismissd during the probationary perid which begins the date ofhire, (said probationary p€riod expressly includes the training period hereunder) or within nine (9) months follo*,ing the date of successful completion of training at the Academy; OR 3) The EMPLOYEE is properlyteminatd; OR 4) The EMPIOYEE is decertified by the Academy for reasons not connected to the Iowa City Police Department; THEN the EMPLOYEE shall reimburse the CITY for Total Training Expe,nses under the terms of this Agreement as set forth below: Years of Service followine approved trainine Amount of Reimbursement 0-l yr. l -2 yrs. 2-3 5trE. 34 yrs. more than 4 5n:s. 100% of actual costs 75Ya of actual costs 50% of actual costs 25%of acfial costs No reimbursement required C. In the event that the EMPI,OYEE is required to make reimbursernent payments hereunder, the EMPLOYEE shatl immediately, and in tro event later than fifteen (15) catendar days from the date of resignation, disnrissal, termination or decertification, as applicablg contact the City Finance Director to make payment arrangements under the following terms: III. l. The fint payment shall be made thirty (30) calendar days &om the date of resignatiorq disnrissal, termination or decertificatioru as applicable, and on the same date for each succasive month thereafter until the CITY has been reimbursed in full for Total Training Expeirses hereimder. 2. The minimum monthly pajrment shall be $1,000.00. 3. Int€rest shall commeirce from the date of resignatioq fismissal, temrrination or decertificaion at the rate of six percent (6V"\ pq year, and strall be calculated on the unpaid prircipal balance to the date of each insallment paid, with payments being cdited first to the accnrod interest and then to the roduction of principal. 4. Until such time as the CITY has been reimbursd in full by the EMPLOYEE ifl accordarce with the terms of this Agreement, the EMPLOYEE shall have an ongoing duty to noti$ the CITY of any change in the EMPLOYTEs place of residqrce. Such notice shall be in writing and strall be made no later than fifteen (15) calendar days from the date ofany such change in place ofresidence. D. The EMPIOYEE does hereby expressly acknowledge and understand that, in addition to any remedies at law or in equity that the CITY may have to recov€r Total Training Expenses hereunder, the CITY may, at its sole election, also sek to have the EMPLOY-EE decertifidas an Iowa law enforcernent officer. E. TIIE EMPLOYEE DOES FURTIIER IIEREBY EXPRESSLY ACKNOWLEDGE AI\TD TJNDERSTAND THAT THE REIMBTIRSEMENT OBLIGATION SET FORTII HEREUNDBR IS MAI\DATORY. IN OTEER WORDS, WHILE THE CITY HAS THE DISCRETION TO DETERMINE WIIETHER TO SEEK DECERTIFICAfiON OF THE EMPLOYEE AS A LAW,ENTORCEMENT oTFICE& NO SUCH AFURMATwE ELECTION Or ENFORCEMENT IS REQUIRED FOR THE EMPLOYEE'S REIMBI,JRSEMENT OBLIGATION TO AI}IIERE TJNDER THIS AGRAEMENT. FAILTIRE ON TIIE PART OF THE EMPLOYEE TO SATIS}'T THE EMPLOYEE'S EMPLOYMENT OBLIGATION DURING TTIE REIMBT}RSEMENT PERIOD HEREI'NDER SHALL AUTOMATICALLY TRIGGAR MAI\I}ATORY REIMBURSEMENT OF TOTAL TRAINING EXPENSES UNDER TIIIS AGREEMENT. F. If the EMPLOYEE is dismissed for any reason other than those set forth in Section U(B) above, such as reduction in force, the EMPLOYEE shall not be required to reimburse the CITY for any Training Expenss incured hereunder. G. If the EMPLOYEE is killed or permanently and totally disabled, as defined under Chapter 411 of the Code of Iowa, while in the employ of the CITY, felal fpaining Expe,nse reimbr.rsement obligations hereunder shall be deemed satisfied in full. DUTIES DTruNG TRAINING. The EMPLOYEE may, at ths CITYs sole option, be required by the CITY to work for the Iowa City Police Department while attending the Acadelny training program, and may be rquired to patrol, dispatch, operate computer systems, perfomr clerical tasks, or do other duties as assigned by the Chief of Police or the Chiefs designee; The hours expended by the EMPLOYEE in attendance at the Academy training program and in service to the Iowa City Police Departnrent shall be subject to the same limitations and compensatory time policies as apply to all police officers of the C[TY, IV.BONA FII}E EMPLOYMENT. The EMPLOYEE does hereby expressly acknowledge that the CITY is entering into this Agreement to facilitate the bona fide einployment of the EMPLOYEE as a potce officer by the CITY. Accordingly, the EMPLOYEE does hereby further ackrowledge that the EMPLOYEE is not entering into this Agreement to achieve certification as a law enforcernent oflicer by way of "sponsorship" through the Acaduny training progfirm by the CITY CONTROLLING LAW This Agreeinent is to be govemed by the laws of the State of Iowa. The parties hereto agree that any action, suit, or proqeeding based upon any matter, claim or controversy arising under this Agreement shall be brought solely in the state courts located in Johnson County, Iowa. The parties hereto irrevocably waive objection to the venue of the above-mentioned couf,ts, including any claim that such actioq zuit or proceeding has been brought in an inconvenient forum. Both parties hereby expressly acknowledge and agrec that nothirg contained in this Agreernent shall be constnred to require the parties to submit to mandatory arbitration or mediation in the event cf a breach or dispute hereunder. EEADINGS The heading of sections of this Agreement are for convenie,nt reference only and shall not be deerred f6 limi1, cotrstrue, affect, modifu or alter the meaning of such sections. SEVERABILITY If any section, subsectior, t€rrn or provision of this agreement or the application thereof to the EMPLOYEE, the CITY or a particular circr:rnstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Agreernent or the application of sanoe to the EMPLOYEE, the CITY or particular circumstances other than that for which it was held valid or invalid or unenforceable, shall not be affected thereby and each re,maining section, subsection, term or provision of this Agreeme,nt shall be valid and enforceable to the fullest extent of the law. AUTHORITY The persons signing this Agreemeirt warrant and represent that they have the authority to sign as, or on behalf of, the party for whom they are signing. v. Yf. YII. \rIII. I)c I'INAL AGREEMENT Both the EMPLOYEE and the CITY hereby expressly acknowldge and agree that this Agwma$ is inteirded to s€t foah the e,ntire agree,ment betweqr the parties regarding reimbursement of Total Training Expenses by the EMPLOYEE, that there ane no oth€r eonsiderations or monies mntingeirt upon or resulting from the execution of this Agreement, and that no other monies or cmsideration have been solicited. No waiver, change, modification or amerdfirent of this agrc€rnent shall be binding upon either party hereto unl€ss in writing and signed by both the EMPLOYEE and the CITY. The waiver by either party hereto of a breach of any provision of this Agreeinent shall not operate or be constnred as a waiver of any zubsequent breach of that provision or of any othcr provision or condition in this agreemexrt. THE EMPLOYEE:CITY OF IOWA Melvin Eerrera, Police Oflicer iston, Clhief of Police EXHIBIT {{AI} ESTIMATEN 2fi22 TOTAL TRAII-{ING HXPEN$ES ACADEMY TUITION ACADEMYMEALS TASER CERTTFICATION ACADEMY PE CLOTHTNG TRANSPORTATION (City provided vehicle and gas) TLEA ADMTNISTRATIVE FEE 16 WEEKS SALARY (above City rninimum wage rate) 16 WEEKS BENEFITS (assumes family plans) ESTIMATEN TOTAL TRATI'{TNG HXPH}ISHS $6,650.00 $ l,5oo.0o fi225.00 $225.00 $2,115.00 $ 125.00 $6,822.4fi $7,301"oo fi2,4,p63.4fi 114122-4121122 Academy Actual Traininq Ex nses- Melvin Herrera Wages Benefits Pay Rate CIC Minimum Wage difference in pay rate from minimum Hours Total Per Pay Period Per Month # Step 1 Officer Pay $2S.66 $t s.00 $10.66 624 $6,651 ,84 Step 1 Officer Pay OT $sa.4e $22.50 $ t s.ee 31 .4 $502.0e $7,153.93 health insurance 1114, 1129,2111, 2125,3111, 3125, 4t8 $3oz.0e 7 $2,149.63 dental insurance 1114, 1129,2111, 2125, 3111, 3125, 4t8 $t t .17 7 $24.1 e life insurance 114,2111,3111 4t8 $8.75 4 $ss.00 $2,262.92 Academv ILEA Admin fee $0.00 Tuition- ILEA $6,650.00 Taser Certificat on $zzs.00 Academy Cloth ng $230.00 $7,105.00 Meals Meals - Hyvee Catering $2,121 .12 Transportation Number of Trips Miles/Trip Total Miles Fed Rate/Mile Total Gost 32 118 3776 0.56 2114.56 $422.91 5 attendees = 115 of total total =$19,065 .79 100% $t 9,065 .79 75o/o $1+ ,299.33 50% $9,532.99 25o/o $4,766.44 -11t13t22 -11113123 -1 1113124 -1 1t13t25 1 1 114121 11 114t22 11114123 11114123