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HomeMy WebLinkAbout20050302.tiff RESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - JARED WEBB 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 Sheriff's Office, and Jared Webb, commencing March 22, 2005 and ending July 27, 2005, 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 Sheriff's Office, and Jared Webb 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 24th day of January, A.D., 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /12(/`/ 166I William H. J ke, Chair�• a F:} + t lerk to the Board ® •�� M. ile P Tem v Deputy Clerk t the oard eM.1 Fo Ci David E. Long APPRO AS TO EXCUSED Robert D. Masden, �Jp�un Attdfne 4.t.t �Glenn VVV Date of signature: ! M` 2005-0302 SO0026 X2-03 4 CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This Contract is made and entered into this 6th day of January, 2005 by and between the Weld County Board of County Commissioners, acting on behalf of the Weld County Sheriffs Office, hereinafter called "Weld County", and Jared D. Webb, hereinafter called "Trainee". WITNESSETH: WHEREAS, Weld County currently has unfilled employment positions for deputies who are certified under the Police Officer Standards Training ("P.O.S.T.), and WHEREAS, Jared D. Webb, a current employee of the Weld County Sheriffs Office, has expressed a desire to obtain his P.O.S.T. certification through the Highlands Ranch Public Safety Training Institute in Littleton, Colorado, and to become certified by P.O.S.T. 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. P.O.S.T. Education: Weld County agrees to endorse, and Trainee agrees to successfully complete, formal P.O.S.T. education through the program offered at Highlands Ranch Public Safety Training Institute, Littleton, Colorado. This training shall commence on or about March 22, 2005, and shall end on or about July 27, 2005. 2. Completion of P.O.S.T. Training: Upon completion of this formal P.O.S.T. education, Weld County agrees to provide and Trainee agrees to successfully complete the Weld County Sheriff's Office Field Training Program. The One on One Field Training shall commence on or about February 7, 2005, and shall end on or about September 23, 2005. Trainee also agrees to successfully complete any and all other requirements or qualifications, or both, if any, which may be necessary to obtain the employment status of Deputy II at the Weld County Sheriffs Office. 3. Payment of Salary, Benefits, and Tuition: During Trainee's formal training at Highlands Ranch Public Safety Training Institute (March 22"d through July 27, 2005 proposed), Weld County agrees to pay Trainee his regular basic salary and benefits, which does not anticipate any overtime wages which Trainee may have otherwise earned. Page 1 of 4 Pages 2005-0302 Upon successful completion of formal training at Highlands Ranch Public Safety Training Center and during Trainee's Field Training beginning on or about February 7, 2005, Weld County agrees to pay Trainee his regular Deputy I salary and benefits. Upon such date as Trainee is classified as a Deputy II, his rate of pay will be increased to reflect this change. 4. Payment of Tuition, Books, and Entrance Fee: Weld County agrees to pay $1,000 toward Trainee's tuition. Any and all additional costs or expenses for books, fees, or other expenses associated with the P.O.S.T. training will be assumed by Trainee. 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 Highlands Ranch Public Safety Training Institute. Trainee and Weld County acknowledge that in order to provide adequate shift coverage for public safety 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 P.O.S.T. education and training for Trainee, of Weld County's expenditures for Trainee's salary and benefits, of Weld County's agreement to pay $1,000.00 toward the cost of tuition, of Weld County's agreement not to permanently fill Trainee's position during the training period, Weld County agrees to employ Trainee to perform Deputy II duties and services and Trainee agrees to satisfactorily perform such duties and to satisfactorily render such services as a Deputy II for the Weld County Sheriff's Office for a period of two (2) years commencing on the first day of duty following Colorado graduation from the Field Training Program as a Deputy II. 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 Code, Section 3, and the Weld County Employee Policies and Benefits Handbook, as amended. The parties agree that the terms of this Contract shall prevail over any conflicting provisions set forth in the Weld County Code and the Weld County Employee Policies and Benefits Handbook during the term of this Contract. 8. Remedies for Breach of Contract for Employment Services: Trainee's failure or refusal to successfully complete the P.O.S.T. education and certification or Page 2 of 4 Pages failure to satisfactorily provide the Deputy II 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, as amended. Trainee's failure to successfully complete the P.O.S.T. education and certification and to provide Deputy II 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 P.O.S.T. education and certification and/or failure to satisfactorily provide Deputy II 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 recoupment period. Said repayment shall be reduced at the rate of three dollars and fourteen cents ($4.24) for each hour of full-time employment worked, not inclusive of overtime, by Trainee as at least a Deputy II for the Weld County Sheriff's Office during the two-year recoupment period. Trainee and Weld County acknowledge that 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. Acknowledgement of Receipt/Waiver of Right to Independent Legal Advice: Trainee understands that he has the right to have this document examined by attorney of his choosing and to discuss its terms with such attorney prior to signing it. Page 3 of 4 Pages • Trainee indicates his acknowledgment of his right to examination by an attorney of his choosing by initialing in one of the boxes below as applicable: .i 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. WE D COUNTY SHERIFF'S OFFICE TRAINEE ////// v�vWebb J n Cooke ared D. Webb eriff WELD COUNTY SHERIFF'S OFF AO IELk• )�J - -DD� Y AND THROUGH THE • 7�/ WELD COUNTY BOARD OF Cl ,.1'C4 a ST: COMMISSIONERS �'��:?� �' TO THE BOARD .. NSA,r. (C? By: -7t /l � ``�! % ti \I Y: Y: ♦ William H. Jerke Chair Deputy JAN 2 7005 Page 4 of 4 Pages . 1005--O5 Hello