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HomeMy WebLinkAbout960271.tiff RESOLUTION RE: APPROVE CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES BETWEEN AMBULANCE SERVICE AND THOMAS A. DAVROS AND AUTHORIZE CHAIR 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 Service, and Thomas A. Davros, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Thomas A. Davros be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of February, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ¶ jj4P) 7 b - 4)• I ' Wu% 4,,,,Le,tct_ \._1 L-67-Z- -(''t ► i issi =��°�1 ty Clerk to the Board It 0 - "414: 0 I . L Ad . I I rgeeE. Baxter Pr -T % 1v okeputy Cle toto the Board Dale K. Hall APP STOF :412 (1117-76-7ne'Ei) � calS- � nstance L. Hart/0 ounty Attorney �^ „riN' '' �k YV. H. a ster'' 960271 AM0009 & .. 4/2/; ha Ifni sro CONTRACT FOR TRAINING AND EMPLOYMENT SERVICES This Contract is made and entered into this 5th day of January, 1996 by and between the Weld County Ambulance Service, by and through the Weld County Board of County Commissioners, hereinafter called "Weld County," and Thomas A. Davros, 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, Thomas A. Davros, 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 5, 1996 and shall be completed on or about June 18, 1996. 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 18, 1996 and shall end on or about December 31, 1996 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 5, 1996 through June 22, 1996), 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 960271 Upon successful completion of formal training at Swedish Medical Center and during Trainee's preceptorship beginning June 22, 1996, 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 all (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. 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 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 such duties and to satisfactorily 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 satisfactorily 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 960271 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 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 to satisfactorily 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 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 by reason of 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. Acknowledgment 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 to signing it. Trainee indicates his acknowledgment of his right to examination by an attorney of his choosing by initialing in one of the boxes below as applicable: YI 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 960271 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 Gar McCa �L1 Tho as A. avros Dire for ��� ri 114 T Mel? WELD COUNTY AMBULANCE SERVICE, BY AND THROUGH THE WELD COUNTY ;n BOARD OF COUNTY 0 �rE 0 THE BOARD COMMISSIONERS * LtU Deputy Clerk t e Board 'Barbara Kirkmeyer Cman 4'q4) M:\AGREE\DAVROS.DB Page 4 of 4 Pages 960?'71 Hello