HomeMy WebLinkAbout930818.tiff RESOLUTION
RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE
CHAIRMAN TO SIGN - SHELAGH FAGAN
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 Weld County Health Department and Shelagh Fagan,
commencing August 30, 1993, and ending June 1, 1996, 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 Weld County Health Department and Shelagh Fagan 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 18th day of August, A.D. , 1993.
ATTEST: 6 ��G„�!!/4 ���4� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board / -
Constance L. Barber , hairman
BY:
Deputy C erk to the Bo W. ebster, Pr -Tem
APPROVED AS TO FORM: 'V C�-<
f eorge Baxte
i
ounty lAttorn@y ale K. a 1
j (�!
/Barbara J. Kirkmeyer
930818
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CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES
THIS CONTRACT, made and entered into this ; I day of �1t5±, 1993
by and between the Weld County Board of County Commissioners in its min capacity
and as ex-officio Weld County Board of Health on behalf of the Weld County Health
Department, hereinafter called "Weld County," and Shelagh Fagan 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, Shelagh Fagan, 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 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 August 30, 1993, and shall terminate
on December 17, 1993. 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 December 22, 1993, and shall
terminate on May 31, 1994. 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 $27,758.00.
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.
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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 June 1, 1994, and shall terminate on June 2, 1996.
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-K, as amended, January 22, 1992. 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 fourth in the Weld
County Personnel Policy handbook, Weld County Ordinance 118-K, as amended.
Trainee's failure to complete successfully the nurse's practitioner
training and qualification 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.
Trainees shall pay to Weld County the sum of $27,758.00 or the amount of any
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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 $27,758.00 or $27,758.00 reduced by the per hour rate of $17.72 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 $27,758.00 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 fee, court costs, or other costs of collection in an effort to collect
any sum 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 term 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.
930815
Attorney of Trainee (# )
Date
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the
date first above written.
TRAINEE:
Shelagh an
SUBSCRIBED AND SWORN to before me this 17/4.., day of , 19 73 .
WITNESS my hand and official seal.
N.
//7/12..7 /\ ,\mod Cn/6
Notary blis,
My commission expires l (2/ /994
WELD COUNTY HEALTH DEPARTMENT BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
By: >7 1),// By: ` C�
Constan L. ML
ATTEST: �
Weld County Clerk to e Board
By:/ li G4 -, A.-.-1L..
Deputy Cler to the Bo .r 2
930818
f ''/ , MEMORAnDum n r�. . r ,
WIIDe ro Constance L. Harbert, Chairman
Board of County Commissioners Date Au st-12', 190
COLORADO Jeannie IC. Tacker, Business Manager, Weld County Health( dj 4 r
From
Subject: Contract for Training and Employment Service --
J
uu..ivotu :.. ',Gard approval is a contract between Weld Cutnti.y heasut utydi uaeui.
and Shelagh Fagan.
Ms. Fagan is currently a Community Health Nurse Supervisor and will be attending
nurse practitioner training at U.C.L.A. in California from August 30, 1993
through December 17, 1993. 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. Fagan 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 August 30, 1993 through June 2,
1996.
I would recommend your approval of this Contract.
If you have any questions, please feel free to contact me.
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