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HomeMy WebLinkAboutContract 25881 CITY CONTRACTENO Y5SJ EMPLOYMENT TRAINING AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This EMPLOYMENT TRAINING AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation situated in Tarrant, Denton Johnson Counties, Texas acting by and through Mike Groomer, its duly authorized Assistant City Manager, and Dale E. Jones, Jr. ("Employee"), an individual. WHEREAS, Employee is an employee of the City in the Department of Information Systems and Services ("Department"); and WHEREAS, the City wishes to enroll Employee in and to pay or otherwise provide for certain highly technical training courses (`Training") described in Exhibit "A" attached hereto and hereby made a part of this Agreement, and Employee wishes to enroll in and complete the Training; and WHEREAS, Employee recognizes and acknowledges that the City will expend considerable resources in order to provide the Training for Employee and that following completion of the Training, Employee will be a more highly skilled worker in his or her field; NOW, THEREFORE, in consideration of the benefits, promises and mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by both the City and Employee, the City and Employee agree as follows: 1. PERFORMANCE STANDARDS DURING TRAINING. Upon enrollment in the Training, Employee agrees to complete the Training unless the City in writing requires or consents to Employee's withdrawal from the Training prior to its completion. Employee shall present the Department Director or authorized designee a certificate of completion issued by the Training provider or other written evidence of completion satisfactory to the City. 2. PERIOD OF OBLIGATED SERVICE TO CITY FOLLOWING TRAINING. Following completion of the Training Employee covenants and agrees to remain in an active duty status as an employee of the City for a period of 18 months ("Post-Training Service"), unless (i) the City in writing requires or consents to a separation from active duty employment prior to the end of the Post-Training Service or (ii) Employee elects to retire on or after Employee's normal retirement date, as defined in Section 2-206 of the City Code (`Normal }Q� �e`I U U o Retirement Date"), or (iii) Employee is awarded a disability pension by the Board of Trustees of the Employee's Retirement Fund in accordance with Section 2-209 of the City Code. Employee's Post-Training Service shall commence on the first regular work day following Employee's completion of the Training, as evidenced by a certificate of completion issued by the Training provider or other written evidence of completion satisfactory to the City. 3. LIQUIDATED DAMAGES. 3.1. Employee covenants and agrees that Employee shall materially breach this Agreement if Employee (i) fails to complete the Training in a manner acceptable to the City or (ii) resigns, retires before Employee's Normal Retirement Date or otherwise voluntarily ceases active duty employment with the City prior to the end of Employee's period of Post-Training Service. Employee further covenants and agrees that such breach will harm the City and that the extent of such harm will be difficult or impossible to measure. As a result, in the event that Employee (i) fails to complete the Training in a manner acceptable to the City or (ii) resigns, retires before Employee's Normal Retirement Date, or (iii) otherwise voluntarily ceases active duty employment with the City prior to the end of Employee's Post-Training Service, Employee will pay the City Liquidated Damages. . For purposes of this Agreement, "Liquidated Damages" shall consist of (i) the full reimbursement all actual expenses incurred by the City in the Provision of Training for Employee, including, but not limited to, expenses for tuition, books, aids, manuals and travel, and (ii) the full reimbursement of all administrative expenses incurred by the City to advertise to replace Employee with an employee of substantially similar qualifications and training as of the date Employee ceases active duty employment with the City. 3.2. Unless otherwise agreed to in writing by the City, Employee agrees that Employee shall fully pay the City all Liquidated Damages within one hundred eighty (180) days following the date Employee ceased his or her active duty employment with the City. In the event that Employee fails to pay the City the full amount of such Liquidated Damages within this 180 day period, Employee shall pay the City interest on the outstanding balance of the Liquidated Damages owed to the City at a rate of two percent (2%) per month or the highest rate permitted by applicable law, whichever is less, until the Employee has fully paid the City all Liquidated Damages. 3.3. Employee agrees that if Employee becomes liable to the City hereunder for Liquidated Damages, the City may withhold, in whole or in part, any money due Employee from the City or the Employees' Retirement Fund of the City in order to satisfy Employee's obligations under this Agreement. 4. ERFORMANCE STANDARDS FOLLOWING TRAINING. Employee agrees that Employee will be subject to the City's Personnel Rules and Regulations at all times, including Employee's period of enrollment in the Training and Employee's Post-Training Service thereafter. Employee acknowledges that this Agreement does not provide in any manner a guarantee of employment with the City for coo ED 'GMY C��,^��I t(����1(�ti, Ifo WrC�i)i`_'�Np 09 any particular period of time, including Employee's period of enrollment in the Training and Employee's Post-Training Service thereafter K IN W TNESS WHEREOF, the parties hereto have executed this Agreement this day of 2000. CITY OF FORT WORTH: Dale E. Jones, Jr. By: 4 Mike Groomer Assistant City Manager ATTEST: ATTEST: By: B 2� y: � y Secretary S'a5�0 APPROVED AS TO FORM AND LEGALITY: Assistant City Atto Contract Authorization Date Exhibit "A" The following courses will be completed as part the extended PC network application developer training: 1) Mastering Microsoft Visual Basic 6 Development: At the end of the course, students will be able to write a Microsoft Visual Basic-based application that accesses data from a database; write a Visual Basic-based application that uses component object model (COM) components; create an ActiveX@ control; create a COM component; and list the opportunities that Visual Basic developers have to incorporate Internet technologies into their applications. 2) Mastering Enterprise Development Using Microsoft Visual Basic 6: This course will teach Microsoft® Visual Basic® programmers, who currently build desktop applications and access corporate databases, the basics of how to build three-tier client/server solutions. Implement business and data services in a Microsoft SQL ServerT11' database through the use of stored procedures. Apply basic debugging, error handling, and security techniques in a three-tier application. 3) Mastering Distributed Application Design and Development Using Microsoft Visual Studio: This course will teach how to build a simple distributed application. Explain Microsoft's recommended architecture for enterprise applications. Implement practical examples of the core elements needed to develop distributed applications. Reference additional sources of information and training. 4) Implementing a Database on Microsoft SQL Server 7.0: Describe the elements of Microsoft SQL Server 7.0 and the environments in which it can operate. Describe the elements of the Transact-SQL language. Describe and configure the data storage architecture of SQL Server. Create and manage files, file groups, databases, tables, and transaction logs. Enforce data integrity using constraints, defaults, and rules. Plan for appropriate use. Create and maintain indexes. Write queries that retrieve and modify data using joins and subqueries. Write queries that summarize data. Manage locking options and transactions to ensure data concurrency and recoverability. Create views of data. Design and create stored procedures. Design and create triggers. Work with distributed data. Exhibit "A" Cont.: 5) Mastering Web Application Development Using Microsoft Visual InterDev Describe the issues involved in creating an enterprise Web site. Create and publish a simple Web site with Microsoft® Visual InterDevT11' Web development system version 6.0. Create interactive content for a Web site. Add server scripting to a Web page using active server pages (ASP) and COM components. Implement security in a Web site. Read and write information to an OLE DB provider from ASP using Visual InterDev data tools. Build reusable, robust COM components with Microsoft Visual Basic® programming system version 6.0 that are compatible with Microsoft Transaction Server (MTS). Integrate Web solutions with Microsoft BackOffice® family services.