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HomeMy WebLinkAbout20061601.tiff RESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - PENNY COPLEY 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 Penny Copley, commencing June 28, 2006, and ending December 22, 2006, 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 Penny Copley 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 14th of June, A.D., 2006. /s, BOARD OF COUNTY COMMISSIONERS ii \WELD COUNTY, '►LORADO ATTEST: fa . ,i 1'Frwus . eile, Chair Weld County Clerk to the : Pot�� c t,: David E. Long, Pro-Tem BY: Iola De Clerk thehoard "'h,1- / /Th--- 1 Willia . Jerke AST M: h,\, Robert. Masden ounty Attorney 1100c9 Glenn Vaa Date of signature: 2006-1601 AM0018 e n a Li e-u 0 (77-/ ? -c)Co CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This Contract is made and entered into this )S'h day of V1\(n/L , 2006, by and between the Weld County Board of County Commissioners, acting on Uhalf of the Weld County Paramedic Service, hereinafter called "Weld County," and Penny Copley, hereinafter called "Trainee." WITNESSETH: WHEREAS, Weld County is increasing its employment positions for paramedics in order to meet the increasing service needs demonstrated, and 3asc , WHEREAS, Penny Copley, a current Emergency Medical Technician-Ixedratc?`has expressed a desire to obtain her paramedic education through the program at HCA-HealthONE in Denver, 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. This training shall commence on or about June 28, 2006 and shall be completed on or about December 22, 2006. 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 her 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 her 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 physician advisor and the field instructor. 3. Payment of Salary,Benefits,and Tuition: During Trainee's formal training at Health One(June 28,2006 through December 22,2006),Weld County agrees to pay Trainee her regular EMT-Intaiaiatthourly wages and benefits on the following formula: Page 1 of 4 Pages 2006-1601 Trainee's hourly pay rate times forty-two (42) hours per week. Upon successful completion of formal training at HealthOne and during Trainee's F' Id Instructor preceptorship,Weld County agrees to pay Trainee her regular EMT- Iiitermediate`hourly wages and benefits. Upon such date as Trainee completes Trainee's Field Instructor preceptorship, her rate of pay will be increased to reflect that pay of an EMT-Paramedic. 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 her formal training. 6. Position Vacancy: Weld County agrees not to permanently fill Trainee's position during her 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 training period, 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 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 her 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 Handbooks 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 paramedic education, certification, and Field Instruction preceptorship, or failure to satisfactorily provide the paramedic services Page 2 of 4 Pages 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 paramedic education,certification,and Field Instruction preceptorship,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 addition to those reimbursed sums. 9. Acknowledgment ofReceipt/Waiver of Right to Independent Legal Advice: Trainee understands that she has the right to have this document examined by an attorney of her choosing and to discuss its terms with such attorney prior to signing it. Trainee indicates her acknowledgment of her right to examination by an attorney of her choosing by initialing on one of the lines below as applicable: c _ I fully understand the nature and terms of the binding obligation Page 3 of 4 Pages 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 a ressler Penny Copl) P Director ATTEST: � LD COUNTY PARAMEDIC SERVICE, fateSND THROUGH THE WELD COUNTY iS6t OF COUNTY CLERK TO THE BOARD '""` MISSIONE S BY: BY: Dep } Clerk t he Bo d . . ei e, Chair JUN 14 2006 Page 4 of 4 Pages 070010—/60/ Hello