HomeMy WebLinkAbout881207.tiff RESOLUTION
RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES WITH
TERRI YETTER AND AUTHORIZE CHAIRMAN TO SIGN
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 with Terri Yetter, and
WHEREAS, the terms and conditions are as stated in said
Contract, a copy of which is attached hereto and incorporated
herein, and
WHEREAS, after study and review, the Board deems it advisable
to approve said Contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Contract for
Training and Employment Services with Terri Yetter be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 19th day of
December, A.D. , 1988 .
��jj t � BOARD OF COUNTY COMMISSIONERS
ATTEST: .1.G4tAK ,ed/t f,,/, ( WEL OUNTY, COLORADO
Weld County erk and Recorder i�
and Clerk to the Board Gene R. Brantn r, Chairman
BY: // C. Kir PTem
Deputy unty C
APPROVED AS TO FORM: J cqu 1 ns
O
c-- Gord ,/ y ,
County Attorney
Frank amaguchi
881207
111 1
CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES
THIS CONTRACT, made and entered into this 19th day of
December , 1988 , by and between THE WELD COUNTY HEALTH
DEPARTMENT AND THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS in
its own capacity and as ex-officio Weld County Board of Health
(hereinafter called "Weld County" ) and TERRI YETTER (hereinafter
called "Trainee") .
WITNESSETH:
WHEREAS , Weld County is developing a new employment position
for a nurse practitioner in order to meet the increasing service
needs demonstrated in the Weld County Health Department Pre-Natal
and Family Planning Programs, and
WHEREAS, Terri Yetter, a current Weld County Health
Department employee, has expressed a desire to attend nurse
practitioner training through the Harbor General Program offered
at U.C.L.A. , California, and to become qualified as a nurse
practitioner in the State of Colorado.
NOW, THEREFORE, for and in consideration of the promises and
mutual agreements contained herein, Trainee and Weld County hereby
agree as follows:
1 . Nurse Practitioner Training. Weld County agrees to
provide and Trainee agrees to complete successfully formal nurse
practitioner training through a four-month formal training program
offered at Harbor General , U.C.L.A. , California. This training
shall commence one upry q , 19 24 , and shall terminate on
5 , 1 fl . Upon completion of this training, Weld
C Count ' agrees to provide and Trainee agrees to complete
successfully a five-month preceptorship in the Weld County Health
Department clinics or through private physicians ' offices . This
preceptorship shall commence on 5,41q0,4g , 19 89 , and
shall terminate on ept4irr �2 , 1527 . Upon completion of
this training, Trainee agrees to fulfill successfully all further
requirements and qualifications for becoming a nurse practitioner
certified and Licensed in the State of Colorado.
2 . Payment of Salary and Benefits, Tuition, and Housing --
Delay of Special Programs. During Trainee' s four-month formal
training through Harbor General , U.C.L.A. , California, and the
five-month preceptorship, Weld County agrees to pay to Trainee her
regular salary and benefits according to Trainee' s existing pay
rate and schedule. The total salary for this training period of
nine months is approximately $19 , 863 . 00 .
Page 1 of 5 Pages 881207
Trainee ' s tuition at Harbor General, U.C.L.A. , California,
will total approximately $5 ,500 .00 . These tuition costs will be
covered by Title X Funding.
Trainee ' s transportation and housing costs associated with
her four-month training through Harbor General, U.C.L.A. ,
California, will total approximately $1,800 .00 . Trainee agrees to
assume these costs personally.
Weld County agrees to keep open for Trainee her nursing
position with the Weld County Health Department during Trainee ' s
nurse practitioner nine-month training period. Trainee and Weld
County acknowledge that in order to provide adequate nursing
coverage during Trainee ' s absence for training, special projects
and program development within the Weld County Health Department
will be delayed.
3 . Recoupment Period -- Contract Term -- Weld County Per-
sonnel Policy Handbook. In consideration of Weld County's
provision of nurse practitioner training for Trainee, of Weld
County' s expenditure of Trainee ' s regular salary and benefits
during her training, of Weld County' s holding Trainee ' s employment
open during the training period, and of the delay of special
projects and program development within the Weld County Health
Department due to Trainee' s nurse practitioner training, Weld
County agrees to employ Trainee to perform nurse practitioner
duties and services and Trainee faithfully and diligently agrees
to perform such duties and to render such services for a period of
two (2) years commencing on the completion of Trainee ' s training
and due qualification in Colorado as a nurse practitioner.
Trainee and Weld County anticipate that this two-year period shall
begin onlVep4AALADA 19 $`] , and shall terminate on
49.5 , 19 9/ 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 Personnel Policy Handbook, as amended, 1988 . The
parties agree that the terms of this Contract for Employment
Services shall prevail over any conflicting provisions set forth
in the Weld County Personnel Policy Handbook during the term of
this Contract for Employment Services.
4 . Remedies for Breach of Contract for Employment Services .
Trainee' s failure or refusal to complete successfully the nurse
practitioner training and qualifications or to provide the nurse 's
practitioner duties and services for Weld County during the
two-year recoupment period may be considered, at Weld County' s
election, a breach by Trainee of this contract for employment
Page 2 of 5 Pages 8812'97
services. Such a failure or refusal by Trainee to complete
successfully the training and qualifications or to fulfill the
duties and provide the services of a nurse practitioner shall be
grounds for diischarge in addition to the grounds for discharge
listed in the Weld County Personnel Policy Handbook, as amended
1988 , of the Trainee from employment with Weld County.
Trainee 's failure to complete successfully the nurse ' s
practitioner training and qualifications or Trainee' s failure to
provide the nurse ' s practitioner' s duties and services for Weld
County during the two-year recoupment period solely due to
Trainee' s death or permanent total disability shall not constitute
a breach of this Contract for Employment Services . Trainee ' s
death or permanent total disability shall result in the
termination of all the rights, duties, and obligations set forth
in this contract for employment services.
Upon a breach of this Contract for Employment Services by
Trainee' s failure to complete successfully the nurse' s
practitioner training and qualifications, Trainee shall pay to
Weld County the sum of $19,863 .00 or the amount of any salary paid
to Trainee during the training period up to the time of the
breach, whichever sum is less. The parties agree that this sum
shall compensate Weld County for injury by reason of such breach.
Upon a breach of this Contract for Employment Services by
Trainee' s failure or refusal to provide nurse practitioner duties
and services for Weld County during the two-year recoupment
period, Trainee shall pay to Weld County the lesser of $19 ,863 .00
or $19 ,863.00 reduced by the per diem rate of $38 . 05 for each
eight (8) hour day of full time employment worked by Trainee as a
nurse practitioner for Weld County during the two-year recoupment
period.
Trainee and Weld County acknowledge that it is impossible to
ascertain or to estimate the entire or exact cost, damage, or
injury which Weld County may sustain by reason of Trainee ' s breach
of this Contract for Employment Services. The total sum of
$19,863 .00 and the above-described methods for offset are agreed
upon as compensation for the 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 reimbursement sums.
881207
Page 3 of 5 Pages
5 . Acknowledgment of Receipt/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.
RCA_ I fully understand the nature and terms of the binding
w— 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 or her explanation of its terms as
evidenced by the attorney' s signature below.
Attorney of Trainee (I
Reg. No.
Date
IN WITNESS WHEREOF, the parties hereto have executed this
Contract on the date first above written.
TRAINEE:
Terri Yetter /
eleq/ SUBSCRIBED AND SWORN to before me this /q? day of
sXALA, -, 19 rr .
WITNESS my hand and official seal .
acj nr_tce,
Notary Pub
My commission expires: .3-oe - �/ 6
Page 4 of 5 Pages 881297
WELD COUNTY HEALTH DEPARTMENT �j �
BY: � L�l�tiCtf 2.-4-}44 / 't
Ran olph G rdon, M.D.
Public Health Director
BY Kirr-V"
Rozel C
Health Administrator
By: /��C Otu c iitAcc[l�
Debbie Drew
Director of Community Health
Services Division
SUBSCRIBED AND SWORN to before me this P7 day of Ae uynt/(,(Cit/
D
,1
WITNESS my hand an official seal.
7
Notary Public
My commission expires: ,3-c2787- 6/0
BOARD OF COUNTY COMMISSIONERS
-16r WELD COUNTY, COLORADO
ATTEST: � /, 1'"',i' 0fn.?
Weld County Clerk and Recorder By: t
and Clerk to the B ar ens R. Brantner, C airman
By:
Deputy Cou y Cler
Page 5 of 5 Pages p
8812, 7
mEmoRAnDum
Gene Brantner, Chairman
Board of County Commissioners December 15, 1988
To 9 Date ��j�
Randy Gordon, M.b. , Director & Chuck KozEY. ealth Administrator
COLORADO From
Approval of Training and Employment Services Contract for
Subject. Terri Yetter
Your action is being request to approve the contract for nurse practitioner
training and employment services for Terri Yetter.
Enclosed are copies of the contract. Please contact me for any additional
clarification.
cc: Commissioner Bill Kirby
Don Warden, Director of Finance
Dale Peters, Chairman, Weld County Board of Health
Weld County Personnel Department
Enc.
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