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HomeMy WebLinkAbout20091264.tiffRESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - TRAVIS MORROW WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract for Training and Employment Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Paramedic Service, and Travis Morrow, commencing June 15, 2009, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract for Training and Employment Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Paramedic Service, and Travis Morrow, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2009. -�T BOARD OF COUNTY COMMISSIONERS WELD COUNTY-,- ORADO \William F. Garcia, Chair 1/EXCUSED ATTEST: Weld County Clerk to th BY: Deputy Cle to the Board APS v i j TO FORM: K ounty Attorney Date of signature' Douglas Rademacher, Pro-Tem C. Sean P. Conway EXCUSED Barbara )Cirkmeyer David E. Long Co 2009-1264 AM0020 CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This Contract is made and entered into this 2 6 day of /740-y , 2009, by and between the Weld County Board of County Commissioners, acting on behalf of the Weld County Paramedic Service, hereinafter called "Weld County," and Travis Morrow, hereinafter called "Trainee." WITNESSETH: WHEREAS, Weld County is increasing its employment positions for paramedics in order to meet the increasing service needs demonstrated, and WHEREAS, Travis Morrow, a current Emergency Medical Technician -Basic, has expressed a desire to obtain his formal paramedic education through the program at HealthOne EMS in Englewood, Colorado ("HealthOne"), and to become certified as a paramedic in the state of Colorado. NOW, THEREFORE, for and in consideration of the promises and mutual agreements contained herein, the Trainee and Weld County hereby agree as follows: 1. Paramedic Education: Weld County agrees to endorse and Trainee agrees to successfully complete formal paramedic education through the program offered at HealthOne (sometimes referred to herein as "the formal education"). This training shall commence on or about June 15, 2009 and shall be completed on or about December 23, 2009. 2. Completion of Paramedic Education: Upon completion of this formal paramedic education, Trainee also agrees to successfully complete all other requirements and qualifications for obtaining paramedic certification for the state of Colorado. Trainee shall notify Weld County Paramedic Service no later than the next business day after Trainee receives his paramedic certificate, of such receipt. Upon notification of Trainee's receipt of the paramedic certificate from the state of Colorado, Weld County agrees to provide and Trainee agrees to successfully complete the Weld County Paramedic Service Field Instructor's preceptorship. The preceptorship shall commence within one week of Trainee's notification to Weld County Paramedic Service of Trainee's receipt of his paramedic certificate, and shall be completed within approximately six months from the commencement date of the preceptorship, or sooner, if Trainee is released by the medical director and the field instructor. The entire process by which Trainee will become a practicing paramedic, including the formal education, certification and Field training, is expected to be completed on or before July 15, 2010. 3. Payment of Salary, Benefits, and Tuition: During Trainee's formal training at HealthOne, June 15, 2009 through on or about December 23, 2009, Weld County agrees to pay Page 1 of 4 Pages 2009-1264 Trainee his regular EMT -Basic hourly wages and benefits on the following formula: Trainee's hourly pay rate times forty-two (42) hours per week. Upon successful completion of formal training at HealthOne, if Trainee presents to Weld County his paramedic certificate from the state of Colorado, then during Trainee's Field Instructor preceptorship, Weld County agrees to pay Trainee hourly wages and benefits commensurate with paramedic graduate or apprentice paramedic pay as set forth on the pay grid for employees of the Weld County Paramedic Services. Unless and until Trainee presents to Weld County his paramedic certificate from the state of Colorado, Trainee will continue to be paid his regular EMT -Basic hourly wages and benefits as above set forth, until such time that Trainee completes the Field Instructor preceptorship. Upon such date as Trainee completes Trainee's Field Instructor preceptorship, his rate of pay will be increased to reflect that pay of an EMT -Paramedic. The parties acknowledge and agree that the Trainee is expected to acquire the required credentials to be a practicing paramedic in Colorado within the time frame specified herein. The rate of pay Weld County agrees to pay Trainee during his formal training, certification and Field training is based upon his current salary and/or the pay grid for employees of the Weld County Paramedic Services, but the agreement to pay said amount should not be construed to indicate that Trainee may return to Weld County Paramedic Services as an EMT -Basic after he has completed the formal paramedic training at HealthOne as contemplated by this Agreement. 4. Payment of Tuition, Books, and Entrance Fee: Weld County agrees to pay all (100%) of Trainee's tuition and books required by the Training course. 5. Transportation and Housing Costs: Trainee agrees to assume all housing and transportation costs associated with his formal training. 6. Position Vacancy: Weld County agrees not to permanently fill Trainee's position during his tenure of formal training at HealthOne. Trainee and Weld County acknowledge that in order to provide adequate emergency medical services to Weld County residents it will be necessary for Weld County to incur expenses for additional hours worked by other employees. 7. Recoupment Period, Contract Term, Weld County Personnel Policy: In consideration of Weld County's provision of paramedic education for Trainee, of Weld County's expenditures for Trainee's salary and benefits, of Weld County's agreement to pay 100 percent of the cost of tuition and books required by the training course, of Weld County's agreement not to permanently fill Trainee's position during the formal training period at HealthOne, Weld County agrees to employ Trainee to perform paramedic duties and services and Trainee agrees to satisfactorily perform such duties and to satisfactorily render such services as a certified Colorado Page 2 of 4 Pages paramedic for a period of two (2) years commencing on the first day of duty following Colorado certification as a paramedic and completion of the Field Instruction preceptorship, whichever date occurs later. This two year period shall hereafter be called a recoupment period. During his training and recoupment period, Trainee shall continue to be subject to the policies and procedures set forth in the Weld County Employee Policies and Benefits Handbook, Chapter 3 of the Weld County Code, as amended. The parties agree that the terms of this Contract shall prevail over any conflicting provisions set forth in the Weld County Employee Policies and Benefits Handbook, Chapter 3 of the Weld County Code, as amended, during the term of this Contract. 8. Remedies for Breach of Contract for Employment Services: Trainee's failure or refusal to successfully complete the formal paramedic education, certification, and Field Instruction preceptorship on or before July 15, 2010, or failure to satisfactorily provide the paramedic services and duties for Weld County during the recoupment period, may be considered, at Weld County's election, a breach by Trainee in addition to the grounds for discharge listed in the Weld County Employee Policies and Benefits Handbook, Chapter 3 of the Weld County Code, as amended. Trainee's failure to successfully complete the paramedic education, certification, and Field Instruction preceptorship, and to provide paramedic duties and services during the two-year recoupment period solely due to Trainee's death or permanent total disability, shall not constitute a breach of this Contract. Trainee's death or permanent total disability shall result in the termination of all rights, duties, and obligations set forth in this Contract. Upon a breach of this Contract by Trainee's failure to successfully complete the formal paramedic education, certification, and Field Instruction preceptorship on or before July 15, 2010, and/or failure to satisfactorily provide paramedic services for Weld County during the two- year recoupment period, Trainee shall repay to Weld County a sum equal to the tuition paid by Weld County, plus an amount equal to the sum of any salary paid by Weld County during the education and/or Field Instruction preceptorship period. Said repayment shall be reduced at the rate of Five Dollars ($5.00) per hour for each hour of full-time employment worked by Trainee as a paramedic for Weld County during the two-year recoupment period. Trainee and Weld County acknowledge that it is impossible to ascertain the entire or exact cost, damage, or injury which Weld County may sustain by reason of Trainee's breach of this Contract. The above -described methods of offset are agreed upon as compensation for any injury suffered by Weld County. Trainee and Weld County acknowledge that this sum is not a penalty, but rather compensation for injury suffered by Weld County. Trainee and Weld County further agree that in the event Weld County incurs attorney's fees, court costs, or other costs of collection in an effort to collect any sums owed to Weld County pursuant to this Contract by reason of Trainee's breach, Trainee will pay such expenses in Page 3 of 4 Pages addition to those reimbursed sums. 9. Acknowledgment of Receipt/Waiver of Right to Independent Legal Advice: Trainee understands that he has the right to have this document examined by an attorney of his choosing and to discuss its terms with such attorney prior to signing it. Trainee indicates his acknowledgment of his right to examination by an attorney of his choosing by initialing on one of the lines below as applicable: tir' I fully understand the nature and terms of the binding obligation created pursuant to this Contract and have chosen to waive my right to consult an attorney. I have consulted an attorney regarding this Contract and have received his/her explanation of its terms as evidenced by the attorney's signature below. Attorney for Trainee (# ) Date IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first - above written. WELD COUNTY PARAMEDIC SERVICE TRAINEE Dave Bressler Director BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTYOLORADO c By: William F. Garcia .09 Travis Morrow ATTEST: clink! — 1 ?nn9 B Page 4 of 4 Pages Deputy Cl to e Boar l'C'1 t)76 Hello