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HomeMy WebLinkAbout20052004.tiff RESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - RYAN WEEKS 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 Services, and Ryan Weeks, commencing July 6, 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 Weld County Paramedic Services, and Ryan Weeks 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 13th day of July, A.D., 2005, nunc pro tunc July 6, 2005. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: `' IEL EXCUSED j a illiam H. rke, Chair Weld County Clerk to the .gf ( �.� � '•"°. �� . J. eile, Pro-Tem BY: Deputy Clerk to the Boa LI N EXCUSED D ' E. Long O APP AS T F% / VVC---- Robert as:- Attor 'Mt a 7/� Glenn Vaad Date of signature: 2005-2004 AM0018 C '. 14+1It3 O7-d s o ST CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This Contract is made and entered into this day of , 2005, by and between the Weld County Board of County Commissioners, acting on behalf of the Weld County Paramedic Service, hereinafter called "Weld County," and Ryan Weeks, 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, Ryan Weeks, a current Emergency Medical Technician-Intermediate, has expressed a desire to obtain his paramedic education through the program at St. Anthony Institute of Emergency Medical Training in Denver, Colorado("St. Anthony's"), 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 St. Anthony's. This training shall commence on or about July 6, 2005 and shall be completed on or about December 17, 2005. 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 physician advisor and the field instructor. 3. Payment of Salary, Benefits, and Tuition: During Trainee's formal training at St. Anthony's (July 6, 2005 through December 17, 2005), Weld County agrees to pay Trainee his regular EMT-Intermediate hourly wages and benefits on the following Page 1 of 4 Pages 2005-2004 formula: Trainee's hourly pay rate times forty-two (42)hours per week. Upon successful completion of formal training at St.Anthony's and during Trainee's Field Instructor preceptorship,Weld County agrees to pay Trainee his regular EMT- Intermediate hourly wages and benefits. 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. 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 St. Anthony's. 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 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 Page 2 of 4 Pages refusal to successfully complete the paramedic education, certification, and Field Instruction preceptorship, 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 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 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: Page 3 of 4 Pages • Se-- 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 e Bressler Ryan Weeks Director IL/41472414 WELD COUNTY PARAMEDIC SERVICE, % BY AND THROUGH THE WELD COUNTY sIB61 (', 7i P' .l BOARD OF COUNTY r• 5 t M• /O THE BOARD COMMISSIONERS , ( oft BY: 4Gf..4/0 BY: - .c Deputy Clerk to the Board f M. J. Geile, Chair Pro—Tem 07/13/2005 Page 4 of 4 Pages aim s-any, Hello