PRE-EMPLOYMENT TRAINING AGREEMENT AIRPORT SAFETY OFFICER

Transcription

1 PRE-EMPLOYMENT TRAINING AGREEMENT AIRPORT SAFETY OFFICER THIS AGREEMENT, made and entered into this day of, 20, by and between the Cedar Rapids Airport Commission, 2515 Arthur Collins Parkway SW, Cedar Rapids, Iowa (the AIRPORT ) and (name) (address),(the EMPLOYEE ). THE INTENT OF THIS AGREEMENT IS TO PROVIDE FOR THE TRAINING OF THE EMPLOYEE AS AN AIRPORT PUBLIC SAFETY OFFICER, AND TO SPECIFY THE CONSIDERATION THAT THE EMPLOYEE PROVIDES THE AIRPORT IN RETURN FOR SAID TRAINING. THIS AGREEMENT OUTLINES THE RIGHTS AND RESPONSIBILITES OF THE AIRPORT AND THE EMPLOYEE TO PROVIDE IOWA LAW ENFORCEMENT CERTIFICATION TRAINING AND ARFF TRAINING 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 THAT WOULD PROFFER A PROPERTY RIGHT OR INTEREST TO THE EMPLOYEE. NOW, THEREFORE THE AIRPORT AND THE EMPLOYEE, FOR CONSIDERATION HEREIN SET FORTH DO MUTUALLY AGREE AS FOLLOWS: I. TRAINING OF THE EMPLOYEE A. The AIRPORT and EMPLOYEE hereby acknowledge that all law enforcement officers must be certified through the successful completion of training at an approved law enforcement training facility to be eligible for employment as an Iowa law enforcement officer. Furthermore, the AIRPORT and the EMPLOYEE hereby acknowledge that all ARFF firefighters must be certified through the successful completion of training at an FAA approved ARFF training facility to be eligible for employment as an ARFF firefighter. The AIRPORT and EMPLOYEE acknowledge that EMPLOYEE may not be currently certified to perform the duties of an Iowa law enforcement officer, or certified to perform the duties of an ARFF firefighter, OR that EMPLOYEE has been previously certified and owes reimbursement to the EMPLOYEE s former employer for those certification costs by reason of the EMPLOYEE S resignation from that position to take employment with the Cedar Rapids Airport Commission, in which case the Cedar Rapids Airport Commission will make reimbursement to the former employer on behalf of the EMPLOYEE. B. To that end, the AIRPORT and the EMPLOYEE here by expressly agree that the AIRPORT shall pay the total training expenses as defined and set forth below for

2 the EMPLOYEE to attend the Iowa Law Enforcement Academy or Cedar Rapids Police Academy (the Academy ) to obtain Iowa Law Enforcement Certification and for the EMPLOYEE to attend a FAA Certified ARFF training facility to obtain FAA ARFF Certification, as soon as the EMPLOYEE is accepted into the program, OR, that the AIRPORT shall make payment to the EMPLOYEE S former employer on behalf of the EMPLOYEE for any training costs owed by the EMPLOYEE to his/her former employer. 1) Total Training Expenses represents the actual costs incurred by the AIRPORT for: a) Wages paid (above current federal minimum wage) and benefits provided to the EMPLOYEE while attending the Academy (salary costs above the current federal minimum wage while in training); and b) Cost of travel to and from the Academy; and c) Any monies paid to the EMPLOYEE while studying for classes at the Academy; and d) The EMPLOYEE S mileage, food, lodging and tuition while attending the Academy; and e) All costs associated with replacing an officer while in training if the replacement officer is a temporary employee hired for that purpose only, or if the replacement requires the payment of overtime; and f) Any other costs incurred by the AIRPORT relating to the training of the EMPLOYEE S or, g) Payment to the EMPLOYEE S former employer of unreimbursed training costs on behalf of the EMPLOYEE or, h) Wages paid (above current federal minimum wage) and benefits provided to the EMPLOYEE while attending the Aircraft Rescue and Firefighting (ARFF) Certification training (salary costs above the current federal minimum wage while in training); and i) Training associated with EMPLOYEE s Aircraft Rescue and Firefighting (ARFF) Certification, tuition and travel costs. 2) An 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 hereto acknowledge and agree that Total Training Expenses shall be based on actual costs incurred by the AIRPORT. C. In the event the EMPLOYEE already possess the qualifications and certifications to perform the duties of an Iowa law enforcement officer, the EMPLOYEE is

3 eligible to receive a signing bonus in the amount of $7,500 less any payments to the EMPLOYEE S former employer on behalf of the EMPLOYEE for any training costs owed by the EMPLOYEE to his/her former employer. The net signing bonus will be payable in six monthly installments, less all applicable withholdings, due on the first paycheck of the month, upon execution of this Agreement. II. REIMBURSEMENT OF TOTAL TRAINING EXPENSES A. In the event the EMPLOYEE elects not to complete the Academy training program or does not otherwise successfully complete the Academy training program, or if the EMPLOYEE elects not to complete the ARFF training program or does not otherwise successfully complete the ARFF Training program, furthermore, if the EMPLOYEE shall be released from employment with the AIRPORT within forty eight (48) months of hire, as Public Safety Officer, the EMPLOYEE shall reimburse the AIRPORT for the Total Training Expenses incurred by the AIRPORT to date in accordance with reimbursement obligations. In addition, in the event the EMPLOYEE is terminated from employment with the AIRPORT for cause under the terms and conditions of the Union contract within forty eight (48) months of hire, the EMPLOYEE shall reimburse the AIRPORT for the Total Training Expenses incurred by the AIRPORT to date in accordance with the reimbursement obligations. In the event that EMPLOYEE voluntarily terminates his employment with Employer for any reason whatsoever or EMPLOYEE S employment with Employer is terminated by Employer for "Cause" before forty-eight (48) months of hire, EMPLOYEE shall reimburse the AIRPORT for the Gross Signing Bonus received to date in accordance with the reimbursement obligations. B. Reimbursement - The amount due shall be determined by crediting 1/48 th of the total liquidated damages amount agreed to above for each month of the EMPLOYEE S service with the AIRPORT following completion of the respective certification training or by crediting 1/48 th of the total Gross Signing Bonus received for completion of each month of the EMPLOYEE S service with the AIRPORT following their hire date. The EMPLOYEE will then be required to reimburse the balance(s). C. Term of Reimbursement - Monthly payments shall begin within thirty (30) days of acceptance of employment and shall be in an amount not less than 1/48th of the total liquidated damages amount agreed to and shall continue each month thereafter until the reimbursement amount is paid in full. D. Decertification - Failing to make reimbursement in accordance with this Agreement may, in addition to any other remedy available to the AIRPORT under this Agreement, result in decertification of the EMPLOYEE as an Iowa Law Enforcement Officer pursuant to Iowa Code Section 80B.11(7) and IAC (2).

4 E. THE EMPLOYEE DOES FURTHER HEREBY EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT THE REIMBURSEMENT OBLIGATION SET FORTH HEREUNDER IS MANDATORY. IN OTHER WORDS, WHILE THE AIRPORT HAS THE DISCRETION TO DETERMINE WHETHER TO SEEK DECERTIFCIATION OF THE EMPLOYEE AS A LAW ENFORCEMENT OFFICER, NO SUCH AFFIRMATIVE ELECTION OF ENFORCEMENT IS REQUIRED FOR THE EMPLOYEE S REIMBURSEMENT OBLIGATION TO ADHERE UNDER THIS AGREEMENT. FAILURE ON THE PART OF THE EMPLOYEE TO SATISFY THE EMPLOYEE S EMPLOYMENT OBLIGATION DURING THE REIMBURSEMENT PERIOD HEREUNDER SHALL AUTOMATICALLY TRIGGER MANDATORY REIMBURSEMENT OF TOTAL TRAINING EXPENSES UNDER THIS AGREEMENT. III. BONA-FIDE EMPLOYMENT A. In accordance with IAC (2) this Agreement is being entered into contemporaneously with an offer of employment for the position of Airport Safety Officer as governed by Iowa Code Chapter 80B and Iowa Code Chapter 384 and FAA Regulations Part 139 at sometime within the twelve (12) months following employment. The EMPLOYEE does hereby expressly acknowledge that the Airport is entering into the Agreement to facilitate the bona-fide employment of the EMPLOYEE by the Airport as an Airport Safety Officer and not for the purpose of achieving certification as a law enforcement officer or ARFF certification by way of sponsorship through the Law Enforcement Academy and the ARFF certification program by the AIRPORT. IV. CONTROLLING LAW A. This Agreement is to be governed by the laws of the State of Iowa. The parties hereto agree that any action, suit, or proceeding based upon any matter, claim or controversy arising under this Agreement shall be brought solely in the state courts located in Linn County, Iowa. The parties hereto irrevocably waive objection to the venue of the abovementioned courts, including any claim that such action, suit or proceeding has been brought in an inconvenient forum. Both parties hereby expressly acknowledge and agree that nothing contained in this Agreement shall be construed to require the parties to submit to mandatory arbitration or mediation in the event of a breach or dispute hereunder. V. HEADINGS A. The heading of sections of this Agreement are for convenient reference only and shall not be deemed to limit, construe, affect, modify or alter the meaning of such sections. VI. SEVERABILITY A. If any section, subsection, term or provision of this agreement or the application thereof to the EMPLOYEE, the AIRPORT or a particular circumstance shall, to

5 VII. AUTHORITY any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Agreement or the application of same to the EMPLOYEE, the AIRPORT or particular circumstances other than that for which it was held valid or invalid or unenforceable, shall not be affected thereby and each remaining section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent of the law. A. The persons signing this Agreement warrant and represent that they have the authority to sign as, or on behalf of, the party for whom they are signing. VIII. FINAL AGREEMENT A. Both the EMPLOYEE and the AIRPORT hereby expressly acknowledge and agree that this Agreement is intended to set forth the entire agreement between the parties regarding reimbursement of Total Training Expenses by the EMPLOYEE, that there are not other considerations solicited. No waiver, change, modification or amendment of this agreement shall be binding upon either party hereto unless in writing and signed by both the EMPLOYEE and the AIRPORT. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provisions or condition in this agreement. Dated this of, 20 EMPLOYEE CEDAR RAPIDS AIRPORT COMMISSION WITNESS AIRPORT DIRECTOR ATTEST