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HomeMy WebLinkAbout992583.tiff RESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN - MARK JACOBY 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 Service, and Mark Jacoby, with 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 Service, and Mark Jacoby 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 27th day of October, A.D., 1999. BOARD OF COUNTY COMMISSIONERS / COUNTY CO RA O ATTEST: gull I K. Hall, Chair Weld County Clerk to the (• � ./A .P/L 'arbar Kirkmeyer, Pro em BY: 6 � �� c /, Deputy Clerk to the Board --- j/� George . axter APPROVED AS T FORM. f� bid) fVl. .�Geile 1rea� ZUz ty Attorne0 Glenn Vaad 992583 TC: Ann AM0012 CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This contract, made and entered into this27d- day of October , 1999, by and between the Weld County Ambulance Service and the Weld County board of County Commissioners, hereinafter called "Weld County ," and Mark A. 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, Mark A. Jacoby, a current Emergency Medical Technician-Intermediate, 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, 2000, and shall terminate on or about June 20, 2000. 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, 2000 and shall end on or about December 20, 2000 ( Sooner, if released by the physician advisor and the field instructor. Trainee also agrees to successfully complete all other requirements and qualifications for attaining paramedic certification for the State of Colorado. 3. Payment ofSalary, Benefits, and tuition: Durings Trainee's formal training at Swedish Medical Center (January 6, 2000 through June 20, 2000), Weld County agrees to pay Trainee his regular EMT-Intermediate hourly wages and benefits based on the following formula: Trainee's hourly pay rate times forty- two (42) hours per week. Upon successful completion of formal training at Swedish Medical Center and during Trainee's preceptorship, beginning on or about June 21, 2000, Weld County agrees to pay Trainee his regular EMT-Intermediate 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. 99,4593 4. Payment of Tuition, Books, and Entrance Fee- Weld County agrees to pay 100% of Trainee's 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. 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 100% 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. 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 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. 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 of this contract for employment services. Such failure or refusal shall be grounds for discharge of the Trainee in addition to the grounds for discharge listed in the Weld County Personnel Policy Handbook, as amended. 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 due to the 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 successfully complete the paramedic education and certification, and/or failure to provide paramedic 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 reduced at the rate of fourteen- dollars and nineteen cents ($14.19) 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 impossibleto ascertain 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 above- described methods of 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 reimbursed sums. 9. Acknowledgment of Receint/Waiver of Ri To Ind nd n gal 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 to signing it. Trainee indicates his acknowledgment of his right to examine by an attorney of his choosing by initialing in one of the boxes below as applicable: MI 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/her explanation of its terms as evidenced by the attorney's signature below. Attorney of Trainee (# ) Date In witness Whereof, the parties hereto have executed this contract on the date first above written. WELD COUNTY: ,. TRAINEE: 04/6 - cleff44? airman 0007 94 �)< J6{at Board of County Commissioners WELD COUNTY AMBULANCE SERVICE PHONE (970) 353-5700, EXT. 3200 FAX: (970) 353-5700, EXT. 3215 1121 M STREET WI Il e GREELEY, COLORADO 80631 COLORADO October 19, 1999 To: Cyndy Giauque From: Gary McCabe (ANA RE: Mark Jacoby Agreement Please review the enclosed. If it meets approval I would like to have it put on the BOCC agenda fo , Tanks. 992583 F1 rr10O 2_, Hello