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HomeMy WebLinkAbout910338.tiff CONTRACT FOR TRAINING AND EMPLOYM-IENT SERVICES • THIS CONTRACT, made and entered into this / / day Of /2,v-tie , 1991, by and between the Weld County Board of County Commissioners iits own capacity and as ex-officio Weld County Board of Health on behalf of the Weld County Health Department, hereinafter called "Weld County," and Jamie Lindahl, hereinafter called "Trainee." WITNESSETH WHEREAS, Weld County is developing an employment position for a nurse practitioner in order to meet the increasing service needs demonstrated in the Weld County Health Department Community Health Programs, and WHEREAS, Jamie Lindahl, a current Weld County Public Health Nurse at the Weld County Health Department, 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, the 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 on April 29, 1991, and shall terminate on August 16, 1991. Upon completion of this training, Weld County 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. The preceptorship shall commence on August 21, 1991, and shall terminate on January 21, 1992. 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 on 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 $21,460.00. Trainee's tuition at Harbor General, U.C.L.A. , California, will total approximately $ 8,000.00. 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 $ 2,000.00. Trainee agrees to assume these costs personally. 91_0.33 µL a°13 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 Personnel 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 on January 22, 1992, and shall terminate on January 23, 1994. This two-year period shall hereafter by 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, Weld County Ordinance 118-J, as amended, January 22, 1991. 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's 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 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 discharge of the Trainee from employment with Weld County. Such grounds for discharge are in addition to and in no way shall they replace those grounds for discipline and/or discharge set forth in the Weld County Personnel Policy Handbook, Weld County Ordinance 118- J, as amended. 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 CT W ' e� �r J..v c_i�0. t.. qualifications, Trainee shall pay to Weld County the sum of $21, 460.00 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 reasonably compensate Weld County for injury caused by such breach. Trainee waives any right of presentment of such sum when and if it becomes due and Weld County shall be entitled to a judgment thereon, including any accumulated interest at the statutory rate from the date 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 $21,460.00 or $21,460.00 reduced by the per diem rate of $41.11 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. The parties agree that this sum shall reasonably compensate Weld County for injury caused by such breach. Trainee waives any right of presentment of such sum when and if it becomes due and Weld County shall be entitled to a judgement thereon, including any accumulated interest at the statutory rate from the date of such breach. 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 $21,460.00 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 is compensation for injury suffered by Weld County by reason of Trainee's breach. 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. 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. 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 or her explanation of its terms as evidenced by the attorney's signature below. 010338 Attorney of Trainee (# ) Date IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first above written TRAINEE:9m1zz // - / /( ie Lindahl / SU9BLCRIBED AND SWORN to before me this it-a_ day of ( Aiji , W WITNESS my hand and official seal. Not Public My commission expires: 42744)19/ /952 WELD COUNTY HEALTH DEPARTMENT BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO By; Par-A et."- ---- By: Randolph Gordon, M.D. , M.P.H. Go 14 y hairman ATTEST: Atirilidetan Weld CountyClerk tto the Board c�By: \.C7U- , /l / 1 `31fi/� Deputy Ck rk to the Board f ' MEMORAnDum Gordon E. Lacy, Chairman Board of County Commissioners April 15, 1991 To Date COLORADO From Jeannie K. Tacker, Business Manager fU�pJ Contract for Training and Employment Servicis Subject: l Enclosed for Board approval is a contract between Weld County and Jamie Lindahl. Ms. Lindahl is a current Public Health Nurse II at the Weld County Health Department and will be attending nurse practitioner training at U.C.L.A. in California from April 29, 1991 through August 16, 1991. During this period, she will continue to be paid her salary. She will assume responsibility for transportation and housing costs associated with the training. In return, Ms. Lindahl agrees to perform duties as a nurse practitioner at the Health Department for a two-year period. The time period of this contract shall be from April 15, 1991 through January 23, 1994. If you have any questions, please feel free to contact me. JKT/ja 910iJd 4 C ol5 Hello