HomeMy WebLinkAbout950030.tiffRESOLUTION
RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES BETWEEN
THE AMBULANCE SERVICE AND DAVID E. JACOBY 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 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 Ambulance Services Department,
and David E. Jacoby, commencing January 4, 1995, and ending two years following Mr. Jacoby's
certification as a paramedic in the State of Colorado, 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 Ambulance Services Department, and David E. Jacoby 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 4th day of January, A.D., 1995.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CQLORADO
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
DaIleK. Hall, Chairman
/ ka..>
Barb J. Kirkmeye.,'ro-Tem
George E. Baxter
APP D AS TO FORM: (-6//,-,,,26---e.
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Constance L. Harbert ,J
ounty Att nro eci �~ --/ / � /1) ilt / I
W. H Webstor
950030
AM0008
�_�; Gfi)ANl;Uaceby
CONTRACT FOR TRAINING AND LMPLOYMENT SERVICES
This Contract is made and entered into this Z'aday of �t Ley.AtDe� , 1994 by and
between the Weld County Ambulance Service, by and through the Weld County Board of County
Commissioners, hereinafter called "Weld County," and David E. Jacoby, 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, David E. Jacoby, a current Emergency Medical Technician -Basic, has expressed
a desire to obtain his paramedic education through the HealthOne program at Swedish Medical
Center in Englewood, Colorado, 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
Swedish Medical Center, Englewood, Colorado. This training shall commence on
or about January 6, 1995 and shall be completed on or about June 20, 1995.
2. Completion of Paramedic Education: Upon completion of this formal paramedic
education, Weld County agrees to provide and Trainee agrees to successfully
complete the Weld County Ambulance Service Field Instructor's preceptorship. The
preceptorship shall commence on or about June 21, 1995 and shall end on or about
December 20, 1995, or sooner, if Trainee is released by the physician advisor and the
field instructor. Trainee also agrees to successfully complete all other requirements
and qualifications for obtaining paramedic certification for the state of Colorado.
3. Payment of Salary, Benefits, and Tuition: During Trainee's formal training at
Swedish Medical Center (January 6, 1995 through June 20, 1995), Weld County
agrees to pay Trainee his regular EMT -Basic hourly wages and benefits on the
following formula:
Trainee's hourly pay rate times fifty-six (56) hours per week.
Page 1 of 4 Pages
950030
Upon successful completion of formal training at Swedish Medical Center and during
Trainee's preceptorship beginning June 21, 1995, Weld County agrees to pay Trainee
his regular EMT -Basic hourly wages and benefits. Upon such date as Trainee
demonstrates that he is EMT -Paramedic certified by the State of Colorado, his rate
of pay will be increased to reflect this change.
4. Payment of Tuition. Books, and Entrance Fee: Weld County agrees to pay one-half
(50%) of Trainees tuition, books, and entrance fee.
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 Swedish Medical Center. 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 50 percent of the cost of tuition, books and entrance fee, 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 perform such duties and to 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. 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 Personnel Policy Handbook,
as amended. The parties agree that the terms of this Contract shall prevail over any
conflicting provisions set forth in the Weld County Personnel 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 paramedic education and certification or failure
to 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 Personnel Policy Handbook,
as amended.
Page 2 of 4 Pages
e50030
Trainee's failure to successfully complete the paramedic education and certification
and to provide paramedic duties and services during the two-year recoupment period
solely clue 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 and certification and/or failure toprovideparamedic services
for Weld County during the two-year recoupment period, Trainee shall repay to Weld
County a sum equal to the tuition, books, and entrance fee 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 reducedatthe rate of Two
Dollars and Sixty Cents ($2.60) 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 byreasonof 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. Acknowledgement 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 tosigning
it.
Trainee indicates his acknowledgement of his right to examination by an attorney of
his 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
950030
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 AMBULANCE SERVICE TRAINEE
A -\n- , & —
Gary
Director
CLERK TO THE BOARD
BY:
Deputy Clerk to the Board
Subscribed and affirmed, or sworn to before
me in the county o[, Weld, state of Colorado,
this ga,e day of ,.e{o,,,.,,L_, ,19/
My Commission Expires Fcbruaryr3,1996
E.(79
David E. Jacoby
WEI, i) COUNTY AMBULANCE SERVICE,
BY AND THROUGH THE WELD COUNTY
BOARD OF COUNTY
COMMISSIONERS
Dale K. Ha11,Chairm
Page 4 of 4 Pages
(1/9/95)
950030
December 28, 1994
To: Cyndy Giauque, Asst. County Attorney
C*n'—
From: Gary McCabe, Ambulance Service
RE: Contract for Training and Employment Services for David Jacoby
Dave Jacoby reviewed the enclosed contract, chose to waive his right to consult an attorney ,
and then signed it in the presence of Cindy G. Toth (Notary Public).
Please complete the execution of the contact, and send us two copies. Thank you.
CC: David Jacoby
File
950030
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