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HomeMy WebLinkAbout2007-01• Ordinance 2007-01 Police Department Training and Equipment Agreement Adopted: January 9, 2007 Effective: January 9, 2007 • • Ordinance 2007 - Ol Police Department Training and Equipment Agreement WHEREAS, the Town Council of the Town of Pulaski, Virginia has previously approved a contract between the Town of Pulaski and newly hired police officers providing for the recovery of training costs and equipment and modifications to said contract have been suggested by Town Staff and; NOW THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, that the proposed contract attached hereto and expressly made a part hereof as Exhibit "A" is hereby adopted and approved. This ordinance is effective upon adoption and is hereby adopted this ~~- day of January, 2007 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Jeffrey S. Worrell -Aye Joel B. Burchett, Jr. -Aye Dan Talbert, Jr. -Aye David L. Clark -Aye Lane R. Penn -Aye Larry Clevinger, II -Aye TOWN OF PULASKI, VIRGINIA Charles L. Wade, Mayor Attested: Patricia Cruise, Clerk of Council • TOWN OF PULASKI POLICE DEPARTMENT BINDING CONTRACT FOR LIQUIDATED DAMAGES IN THE EVENT OF EARLY RESIGNATION (1) Parties: This contract has two (2) parties, namely the Town of Pulaski, Virginia, a Virginia Municipal Government, and (the applicant), an individual who has applied for employment as a Police Officer with the Town of Pulaski. (2) General Purpose: The Applicant acknowledges that the Applicant has agreed that if accepted as a Police Officer with the Town, the Applicant will remain in the said position for a period of three (3) years from the date of employment, unless sooner terminated by the Town. The applicant acknowledges that the general purpose of the Town in requiring Applicants to commit themselves to a minimum term of employment is to provide for the public safety by maintaining a police force consisting of veteran, experienced officers, who are well trained and who are familiar with the Town of Pulaski and its citizenry; and, to conserve the fiscal resources of the Town by reducing the expense of interviewing, processing, training, and/or re-training and educating, equipping and replacing police officers. Both parties acknowledge that the training and equipment herein stated is individualistic in nature and tailored to the Applicant and has no transferable value to any replacement Applicant should Applicant leave the Town employ prematurely. (3) Specific Purposes: The more specific purpose of this contract is to fix liquidated Damages to the Town in the event that the Applicant voluntarily leaves the employment of the Town within three (3) years from the date of hiring. (4) Reliance b the Town: The applicant acknowledges that the Town of Pulaski will rely upon the Applicant's promise to remain in the Town's employment for a minimum period of three (3) years from the Applicant's official hire date of in making its decision to hire, train, and equip the Applicant at the taxpayers' expense. (5) Recitals• (A). The Town agrees that upon acceptance of the Applicant as an employee, the Town will provide the Applicant with training and supervision necessary to allow the Applicant to fulfill the duties of a Police Officer with the Town of Pulaski in accordance with the obligation of the Town to provide for the public safety of its citizens. (B). The Applicant acknowledges that the training and experience that the Applicant will gain as a Police Officer with the Town of Pulaski will furnish a professional background which will make the Applicant a better prospective employee for third parries and that said experience and training has an economic value. (C). The Applicant also acknowledges that the Town of Pulaski has expended the taxpayer's money in processing the Applicant's application and will go to additional expense in training, equipping, supervising and educating the Applicant during the probationary period of one (1) year and beyond, including the three (3) years contemplated by this agreement, and that the public safety will require that this position be filled at similar expense in the event of the cessation of the Applicant's employment. (D). The Applicant acknowledges that the direct and indirect costs to the Town include but are not limited to clerical costs, background investigation, police academy training, education, field training, field supervision, the salary of the Applicant and supervisory personnel during the probationary period and during training, and throughout the term of this agreement; and, that similar expenses would be incurred by the Town in replacing the Applicant; and, that to itemize and prove the exact amount of these costs would be burdensome to either party. ACCORDINGLY, THE APPLICANT AGREES TO PAY AND THE TOWN AGREES TO ACCEPT THE SUM SET FORTH AS LIQUIDATED DAMAGES IN THE EVENT OF THE APPLICANT'S CESSATION OF EMPLOYMENT. IT IS SPECIFICALLY AGREED BY BOTH PARTIES THAT THESE LIQUIDATED DAMAGES WILL BE PAID AND ACCEPTED REGARDLESS OF THE ACTUAL AMOUNT OF EXPENSES INCURRED BY THE TOWN, WHETHER MORE OR LESS THAN THESE DAMAGES. (6) Cessation of Emuloyment: In the event of the cessation of the Applicant's employment with the Town prior to the expiration of three (3) years from the date of hiring, the Applicant will pay liquidated damages to the Town in accordance with the following schedule: • (A). If the Applicant resigns less that sixty (60) days from the date of hiring, the Applicant shall pay the sum of $ 1,500.00 as liquidated damages to the Town. The liquidated damages are as follows: pre-employment physical, eye examination, psychological evaluation, as well as background check, administrative costs and uniforms. (B). If the Applicant resigns from the sixty (60) days to one (1) year from the date of hiring, the Applicant shall pay the sum of $ 26,947.77 as liquidated damages to the Town. The liquidated damages shall include all costs listed in paragraph A, but also include costs for training at the academy and costs during field training. If the officer resigns from sixty (60) days to one (1) year from the date of hiring, there is no prorata. (C). If the Applicant resigns after one (1) year service, the Applicant shall pay the sum of $ 26,947.77 as liquidated damages, less a credit for service of $ 748.55 for each calendar month of continuous full time employment. Any absence from work due to illness, non-duty related injury, or other cause for a period greater than two (2) weeks shall be excluded from the period of service for which credit will be given. The liquidated damages would include all costs listed in paragraph 6B. (7) Terms of Reuayment: In the event of voluntary resignation and the incurrence of liquidated damages as set forth herein, Applicant agrees to make full payment within 90 days of resignation. After said 90 days, Applicant shall be deemed to be in default, and further agrees to pay interest at the rate of 9% annual interest on the unpaid balance until paid in full plus reasonable attorneys fees should legal action be commenced in the amount of 25% of said unpaid balance. The Applicant agrees that • in the event of the Applicant's failure to make any payment within five (5) days of the payment date, the Applicant shall be in default and the Town may, at its option, declare the entire unpaid balance of liquidated damages immediately due and payable. Any waiver by the Town in the event of default shall be at the will of the Town. (8) Types of Cessation of Employment to Which This Contract Pertain: The liquidated damages will be payable to the Town as set forth herein whenever the Applicant's employment ceases within the three (3) year period by reason of the Applicant's voluntary resignation. The liquidated damages shall not apply to cessation of employment where the Applicant becomes physically unable in the medical opinion of a licensed physician selected by the Town of Pulaski to perform the duties of a Police Officer or where the Applicant is terminated by the Town with just cause or at will. (9) Separate Obligation: This contract sets forth an agreement between the Applicant and the Town which is separate and distinct from any other agreement that the parties may have in reference to the employment of the Applicant, and except as specifically set forth herein, is severable from any other agreements that the parties may have. This contract sets forth the entire understanding of the parties in reference to the reimbursement/liquidated damages obligation of the Applicant. (10) Recession Period/Opportunity to Seek Legal Advice: In order to • ensure that the Applicant has entered into this contract freely and voluntarily, and with ample opportunity to seek legal advice if the Applicant has not yet done so, the Applicant is hereby given the right to rescind and/or revoke this contract within (5) business days of its execution. Any sums expended by the Town during the said period from execution of the Conditional Offer Of Employment to the said time this contract is rescinded and/or revoked shall be the responsibility of the Applicant. This right can be exercised by hand- delivery of a written notice signed by the Applicant to the Office of the Chief of Police by 5:00 p.m. on the 5~' business day (Monday through Friday) following the execution of this agreement. (11) Disclaimer by Town: It is specifically understood that nothing contained herein shall constitute an obligation by the Town to employ the Applicant for a specific period of time; that is, the Applicant, if hired may be terminated at will by the Town and nothing contained herein shall confer any additional remedy upon the Applicant not otherwise granted by law and it is with the understanding that the parties signatory hereto accepts this covenant and its terms and conditions as presented herein. Through this understanding we commit our good faith and signatures. (12) Attached hereto is a schedule of new police officer recruit cost labeled as "Attachment A", attached hereto and expressly made a part hereof. C. (13) Entire Agreement: It is agreed between the parties hereto that this • Agreement is a reasonable settlement of the rights of the parties hereto and that it is the entire understanding of the parties and that no negotiations or verbal agreements exists, but that all such agreements are hereby merged into this document. No modification of this agreement shall be allowed unless in writing and signed by the parties hereto. (14) Further Documents: Each party agrees to execute any and all documents, instruments, or further writings or documents which may be necessary or appropriate to effectuate the terms of this Agreement. (15) Severability: If a Court of competent jurisdiction at any time holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect. (16) Voluntary Execution: The parties acknowledge that they are entering into this Agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this Agreement, either by the other party hereto or by any other person or persons; that they have ascertained and weighted all facts and circumstances likely to influence their judgement herein; that they have sought or had the opportunity; and that they clearly understand and assent to all provisions herein. All questions pertinent thereto, have been fully and satisfactorily explained to them; that the settlement embodied in this agreement is in all respects acceptable to them, and that accordingly they assent to all the provisions hereof. Signature (Applicant Name) (Date) (Printed Name) Commonwealth of Virginia ) County of Pulaski ) to wit: Given under my hand this the day of , Notary Public My commission expires: • • Signature (Town Manager) (Date) (Printed Name) Commonwealth of Virginia ) County of Pulaski ) to wit: Given under my hand this the day of Notary Public My commission expires: • I, Fatricia Cruise, Clerk of Council, certify that the forgoing Ordinance 2007-O1 Police Department Training and Equipment Agreement is a true and correct copy as adopted by the Pulaski Town Council at their regular meeting on January 9, 2007. • ~~ Patricia Cruise, Clerk of Council TC/clordinancelcertification 2007-O1 •