HomeMy WebLinkAbout20031551.tiff RESOLUTION
RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND
AUTHORIZE CHAIR TO SIGN - MICHELLE MOORE
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,on June 4,2003,the Board was 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 Sheriffs Office,and Michelle Moore,with
terms and conditions being as stated in said contract, and
WHEREAS, upon review, the Board deemed it advisable to schedule a work session to
discuss the issue further and continued the matter to June 18, 2003, and
WHEREAS,on June 18,2003, 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 Michelle Moore 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 18th day of June, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COLORA O
ATTEST: `� ` 11 r�� AYE
` D vid E. Lon Ch 'r
Weld County Clerk to th1 =o. -'1861 . (12? AYE
52'r Robert D. M den, Pro-Tem
BY: ._dA •
Deputy Clerk to the B 4;6/ (AYE)
APP D AS M: ' X kve (NAY)
Willi m H. Jer
ounty Attorney
(AYE)
Date of signature:
(/ Glenn Vaa
2003-1551
SO0024
Cep 50
CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES
Rt, ,y
This Contract is made and entered into this 2 3 day of y , 2003 by and
between the Weld County Board of County Commissioners, acting on behalf of the Weld County
Sheriffs Office, hereinafter called "Weld County," and Michelle Moore, 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, Michelle Moore, a current employee of the Weld County Sheriff's Office,has
expressed a desire to obtain her 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 May 27, 2003, and shall be completed on or about
September 25, 2003.
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 September 29,2003, and shall end on or
about January 9,2004. 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(May 27,2003 through September
25, 2003), Weld County agrees to pay Trainee her regular basic salary and benefits,
which does not anticipate any overtime wages which Trainee may have otherwise
earned.
Page 1 of 4 Pages
a063 - 1551
Upon successful completion of formal training at Highlands Ranch Public Safety
Training Center and during Trainee's Field Training beginning on or about September
29, 2003, Weld County agrees to pay Trainee her regular Deputy I salary and
benefits. Upon such date as Trainee is classified as a Deputy II, her 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 her formal training.
6. Position Vacancy: Weld County agrees not to permanently fill Trainee's position
during her 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 her 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 failure to
satisfactorily provide the Deputy II services and duties for Weld County during the
Page 2 of 4 Pages
3--SS/
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($3.14)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 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 in one of the boxes below as applicable:
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.
Page 3 of 4 Pages
,2b3-I55%
_ 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.
ELD COUNTY SHERIFF'S OFFICE TRAINEE
L,,,o/ 27,6c,
Jo Cooke Mic le oore
S 'ff
WELD COUNTY SHERIFF'S OFFICE,
BY AND THROUGH THE
WELD COUNTY BOARD OF COUNTY ATTEST: „4,0,
COMMISSIONERS CLERK TO THE O
By: E _ s
David E. Long, Chair By: 7' �. Cc- �_-i' ;'„•`���
((0-/S-ato- 3� Deputy
Page 4 of 4 Pages
22003-15S(
Hello