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HomeMy WebLinkAboutContract 25882 CITY SECRETARY����� CONTRACT NO. 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 Edwin J. Helt ("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 CVA COAL Neu-QD U Ua VJ V�Cr�� Q RK 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 Rill 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. PERFORMANCE 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 CON g(-CpJ�.�D any particular period of time, including Employee's period of enrollment in the Training and Employee's Post-Training Service thereafter IN W TNESS WHEREOF, the parties hereto have executed this Agreement this 2 day of , 2000. CITY OF FORT WORTH: Edwin J. Helt B y: Mik roomer Assistant City Manager ATTEST: ATTEST: By: 2�; By: l ty Secretary APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Contract Authorization Exhibit "A" The following courses will be completed as part of the MicrosoftT"r System Engineer Certification training program: 1) Introduction to Networking with A+: This class covers software (DOS, Windows 9x, Windows NT) and hardware issues related to personal computer (PC). This course covers trouble shooting problems within the computer system itself. 2) Networking Essentials: This course covers basic network protocal. 3) Novell IntranetWare 4.11 Admin.: This module is a Novell networking protocol that is taught to help prepare for the NT4.0 core exams. 4) Administering Windows NT 4.0: This is a core class that covers the internal and external workings of NT 4.0 dealing mainly with the administration of desktops and network accounts. 5) Supporting NT 4.0 Core Technologies: This is a core class that covers information from all platforms. These Platforms are NT Workstation 4.0, NT Server 4.0, and NT Enterprise 4.0. 6) Microsoft TCP/IP: TCP/IP is the major protocol that most networks use. This class covers how and why TCP/IP works. The city network runs on this protocol. 7) Supporting NT Server 4.0 Enterprise Technologies: This class provides a comprehensive exposure to NT 4.0 Enterprise Server. It covers Enterprise Server environment configuring and supporting server enterprise. 8) Concepts & Administration of Microsoft Exchange Server 5.5 & Microsoft Exchange Server 5.5: These final two modules are preparation for full understanding on how to configure and administer Microsoft Exchange and Exchange Server.