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HomeMy WebLinkAbout2012-107 EMS - Landon P Weaver for Paramedic Academy TrainingNORTH CAROLINA ORANGE COUNTY Contract No.2012- PARAMEDIC ACADEMY TRAINING AGREEMENT This Employment Agreement made and entered into this _'+�, day of Ate' , 2012, by and be ween Orange County on behalf of its Emergency Services Department ( "County "), 9, Wc*y ty- ( "Trainee "). WITNESSETH: Whereas, the County has determined that there are mutual interests and advantages for the County to provide paramedic training through a Paramedic Academy Program ( "Academy ") to address a shortage of qualified paramedics, and Whereas the Orange County Emergency Services Department has developed a Paramedic Academy to train eligible persons to become Office of Emergency Medical Service ( "OEMS ") Certified Paramedics; and WHEREAS, the Trainee is a person who desires to train to become a OEMS Certified Paramedic and is eligible to trained through the Paramedic Academy; and WHEREAS, during the training, which includes both classroom and clinical training, the Trainee will be employed with Orange County in a Paramedic Trainee position receiving both a salary and employee benefits during the training period; and WHEREAS, the County and the Trainee mutually agree that in return for the County providing both salary and employee benefits to the Trainee during the Training Period, the Trainee will provide to the County at least to two years full -time of service as an OEMS Certified Paramedic following completion of the paramedic training. NOW, THEREFORE, for the purpose and subject to the terms and conditions hereinafter set forth, it is agreed as follows: 1. Term. The term of this Agreement is from the date of this Agreement until two years after the date of successful completion of the Medical Board Examination and approval of the Medical Director. 2. Training. The County and the Trainee agree the Trainee will attend Paramedic Academy to be trained and certified as a Paramedic in accordance with North Carolina Office of Emergency Medical Service 3. Training Period. The training period is the time in which the Trainee is seeking to become credentialed by OEMS as a Paramedic within the State of North Carolina and released to perform the duties of a Paramedic by the Orange County Medical Director. The training period includes time in which the Trainee is either in classroom, doing clinical work or precepting with the County Emergency Medical Services. 4. Salary and Employee Benefits. The Parties agree that the "salary" paid and employee benefits provided to the Trainee during the Training Period is not payment for services rendered, but, rather, is provided to the Trainee solely so that the Trainee may devote full time to the training program and further, that said salary does not constitute "wages ", "salary" or "compensation" insofar as those words may be interpreted as payment made in return for services rendered. Although Trainee is classified as an employee of the County during the Training Period, Trainee is not expected to, and will not be directed to, perform "work" which will be beneficial to the County during the training period. Trainee may, however, be required to perform certain tasks performed by credentialed Paramedics for the purpose of leaning how to perform such tasks correctly or to perform services as an EMT -B or EMT -I on an intermittent basis either during and emergency or where surge protection is required. However, this time shall not exceed 10% of the training period. 5. Obligations of the County: a. Salary. During Training Period. The County will provide a Grade 14 Paramedic salary during the training period at an annual salary of $31,488, which is ten percent (10 %) below the starting salary of a Paramedic, from the date of employment until the Trainee is released to practice at the Paramedic level in accordance with OEMS regulations and Orange County's Practices and Protocols. The approximate cost of the total salary during the training period shall be $19,680. ii. After Training Period. Once the Trainee is released to practice at the Paramedic level they will receive an increase in salary equivalent up to the minimum annual salary of a Grade 14 Paramedic in accordance with Orange County Salary Schedule. Thereafter, during the term of the Agreement the Trainee will receive increases under the same terms and conditions as other Trainees in similar positions. b. Employment Benefits. During the Training Period and thereafter the Trainee shall receive employment all benefits on accordance with the Orange County Personnel Ordinance, except as provided herein. c. Employment after Training Period. After completion of the Training Program, certification by OEMS as a Paramedic and authorization to practice in Orange County by the Medical Director the Trainee shall be employed by the County as a Grade 14 Paramedic. 6. Obligation of the Trainee. a. The Trainee acknowledges the expense incurred by the County for the training, salary and benefits provided to the employee to enable the Trainee to be certified as a Paramedic. The Trainee agrees that the salary paid to the employee is provided to the employee in exchange for a service, in which the Trainee must paid back to the County by serving as a Paramedic in the Orange County Emergency Services Department. b. The Trainee agrees that if they should resign their position as a Paramedic to the County at any time within two years after completion of the Paramedic Training Academy, then they shall reimburse the County the full amount of the salary as provided in subsection e below. c. The Trainee will devote full time and best efforts to the Training Program and diligently perform all assignment made in connection therewith. At all times during the term of the Agreement, the Trainee shall maintain a proficient level of service, which includes receiving scores on all practical and written testing sufficient to meet Orange County Emergency Services Department standards of practice. d. The Trainee shall serve as a Paramedic for the County for two years following completion of the Training Period and receiving certification by the North Carolina OEMS as a Paramedic and being released to practice in Orange County by the Orange County Emergency Services Medical Director. Trainee will not work in a fulltime capacity in a volunteer capacity in Orange County or as a paid employee in another EMS system or hospital, doctor's office or medical facility within this two year period. Trainee may work part-time for another EMS system with express written approval from the County Manager; however, the Trainee may not work more than one twelve -hour shift per week. e. Reimbursement. If the Trainee resigns their position as a Paramedic for the County at any time within twenty -four months after completion of said Training Period, they shall reimburse the County the cost of the salary provided in Section 5.a. above or a portion thereof. i. Calculation of Reimbursement. Specifically, the amount to be reimbursed shall be calculated as an amount equal to the sum of the salary as provided in section 5.a. divided by twenty -four, and then multiplied by the number of months less than twenty -four which the employee has served the County as a Paramedic. ii. Collection of Reimbursement. 1. The Trainee agrees that any amount to be reimbursed or any portion of any amount to be reimbursed may be deducted and retained by the County from any compensation or other monies owed by the County to the Trainee at the time of resignation, including Trainee's final paycheck and vacation leave. 2. In event the funds available from the monies owed to the Trainee by the County are not sufficient to fully reimburse the County; the Trainee agrees that they are personally responsible for the repayment to the County of all monies owed to the County and shall repay the County in monthly installment payments of no less than $820 or amount equal to one month of reimbursable service as provided in 5.a. above. 3. The Trainee shall notify the County of the employee's place of residence while in the employ of the County and until such time as the debt for total training expenses is satisfied in full. iii. Dismissal during Probationary Period. If the Trainee is dismissed during the probationary period, or properly terminated without having served as a Paramedic for two years, the Trainee shall reimburse the County for the training period as provided in Section 5 above. 7. Probationary Period. Once the Trainee is released to practice in the Orange County EMS system, the County and the Trainee agree, the Trainee will be on a one year probation period. 8. Termination. During the Training and Probationary Period the Trainees performance will be monitored by Emergency Services Department staff. If the Trainee performance is found to be unsatisfactory or there is an incident or incidents of unacceptable personal conduct, this may result in dismissal of the Trainee from the training program or from employment with Orange County at the discretion of the County. 9. Entire Agreement. The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the Parties unless and until modified by a written instrument signed by the Parties. Modifications may be evidenced by facsimile signatures. 10. Governing Law. Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and venue shall be Orange County. The terms and condition of this Paramedic Academy Training Agreement is understood and the signatures indicate that Parties understand and shall adhere to the terms of this agreement. ORANGE COUNTY, NORTH CAROLINA By Fr _W&16 , r. ounty Manager Date S__ zi � ` l " Approved as to to hnical content: Fr ontes de Oca, E gency Services Director App v jasoD7and legal sufficiency: Anndtte M. Mo re, StaftAttomey TRAINEE By Lvtq1/�L. Trainee Lav\ �1u^ Q • we_ #\V ev- Printed Name Date b V1 - U t'1 —1, 2 This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. dew �' AAz-, Clarence G. Grier, Financial Services Director 0Ioso%, coo,. 17 Ca ORANGE COUNTY EMERGENCY SERVICES Paramedic Academy Training Agreement Notice and Explanation The attached Paramedic Academy Training Agreement is a contract in which Orange County ( "County") through it Emergency Service Department agrees to provide you a salary and train you at its expense to become a Certified Paramedic. In return, you agree to work for the County as a Paramedic for at least two years following your certification as a Paramedic and to be on probation for one year. In addition, it provides that if you leave Orange County before the two years have expired you will be required to reimburse the County a portion, based on your time of service, of the amount spent on the your training. The exact amount is set forth in the contract. The two year service commitment is similar to the federal government's "student loan forgiveness program" whereby the federal government will cancel all of part of a student loan in exchange for some type of public service. In this case, the County has expended resources on you for salary and training during your training period and in return you are providing the County with at least two years of service. If you do not fulfill your commitment and leave the County prior to the end of the two year period, you must reimburse the County for the remaining amount money spent on you during your training. The contract also provides that if you have not completed the two year period and owe the County money when you leave, the County can deduct up to that amount you owe from your last paycheck or any other money the County may owe you at the time you leave (e.g. annual leave). If you agree to the terms of the contract, please sign it and return the signed agreement to Emergency Services. You must sign the Agreement to be considered for continued employment as a Paramedic Trainee through the Orange County Paramedic Academy Program. If you do not chose to sign the contract you will not be entered into the Paramedic Academy. Your employment will continue in whatever capacity you are currently in. Your status with Durham Technical Community College will remain active and you would be responsible for requesting time off or making time trades for class as you have been doing thus far. PLEASE BE SURE TO READ THE ENTIRE CONTRACT. IF YOU DO NOT UNDERSTAND IT OR HAVE CONCERNS ABOUT SIGNING THE AGREEMENT, SEEK ADVICE FROM YOUR ATTORNEY. COUNTY STAFF CANNOT PROVIDE YOU WITH LEGAL ADVICE. Care • Serve • Survive FREQUENTLY ASKED QUESTION 1. How did the County arrive at the salary listed in the contract ($19,680)? This is the approximate cost of the total salary during the training period. This cost will be adjusted for the amount of the time the employee spends in training. For example, the reimbursement cost will be less for employees who successfully pass the medical board examination close to the completion of the paramedic class than for paramedics who take longer to complete their training period. 2. How is compensation to the County handled if separation of employment occurs "PRIOR TO" being released as a Paramedic within the system. Section 6e of the contract stipulates that calculation of reimbursement is calculated as an amount equal to the sum of the salary provided during the training period. If the employee is separated prior to the medical board examination the employee would compensate the County at no less than $820 per month until the salary paid to the employee during the training period was reimbursed. For example: Employee X receives a salary of $31,488 for a period of 4 months. The hourly rate for this salary is $15.14 per hour. (31,488 divided 2080 hours) Employee X logged 694 hours on her time sheet during these four months and was separated from the County immediately after. The salary paid to this employee was $10,507.16. The County then divides this salary by $820.00. Unless other arrangements were made such as deduction from any compensation or other monies owed by the County to Employee X, the employee would have 12 months to reimburse the County for the salary. 3. What if my salary is already higher than $31,488? Do I have to take a pay cut to enter the paramedic academy? If your salary is higher than $31,488 your salary will not change during the training period. Section (b) taken from the Personnel Ordinance section on the next page pertains to you. Section (a) pertains to employees whose current salary is less than $31,488 as an EMT or temporary EMTs who are provided permanent employment. Please sign here to indicate that you have received both this Notice and Explanation and a copy of the Paramedic Training Academy Agreement. Employee Signature �— ca- -kz Date Care • Serve • Survive This selection is taken from Article V of the Orange County Personnel Ordinance Sec. 28 -59. - Salary of trainee..'` (a) (b) With the approval of the County Manager, an employee who does not meet all of the established minimum qualification requirements for the class may be appointed as a trainee at a salary no more than ten percent below the minimum salary established for the position. The employee shall continue to receive a reduced salary during the trainee appointment period until the appointing department head and the Personnel Department determines that the employee has met the minimum qualification requirements of the class, at which time the employee is moved to the minimum salary of the salary range established for the class. The trainee salary progression may include salary increases at predetermined intervals during the trainee appointment period. However, the trainee salary will not be adjusted to the minimum of the salary range for the class until all minimum qualification requirements for regular appointment have been completed. When the employee with a trainee appointment has successfully met the minimum qualification requirements for the class, the salary is increased to the minimum salary of the salary range. Care • Serve • Survive 5 ORANGE COUNTY - CONTRACT CONTROL SHEET Routing Order: (1) Department, (2) IT, (3) Risk Management, (4) Financial Services, (5) Attorney, (6) Manager, (7) Clerk This Document shall accompany all contracts and shall be submitted for signature in the Routing Order specified above. If the Manager determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should be completed through the legal review process prior to being routed for signature. Department Party/Vendor Name: Multiple (See Attached Contracts) Party/Vendor Contact Person: Kim Woodward Contact Phone: 919 - 245 -6133 Party/Vendor Address: PO Box 8181 City Hillsborough State: NC Zip: 27278 Department: Emergency Services Amount: N/A Purpose: To fund training time for Paramedics and to ensure that the time is returned via years of service. Budget Code(s): N/A Vendor # N/A (N /A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date Approved by Board Yes❑ No® Agenda Date: Title of Contract: Paramedic Academy Training Agreement If this is a Grant Agreement, pre- application has been approved by the Board of Commissioners Yes❑ No❑. If submitted for bid were bids/RFPs received Yes❑ No❑ Bid/RFP number This contract has been reviewed and approved by the Department Director as to technical content: Department Director's Signature: 72N AA,, Date: v / a pi hr., IT Director (Applicable only to hardware /software purchases or related services) This contract has been reviewed and approved by the Information Technology Director as to technical content and information technology specifications: IT Director's Signature: Date: Risk Management Include the following coverages: ❑ CGL; ❑ Auto; ❑ WC; ❑ Professional; ❑ Property; OR No Insurance Required Hold Contract pending receipt of Certificate of Insurance E]. With incorporation of Insurance provisions as shown, this contract is approved by the Risk Manager: //-- Risk Manager's Si nature: C Date: S' T /L-- Si Financial Services This Contract is condition on appropriation by the Board of Commissioners Yes ❑No A budget amendment is necessary before approval Yes❑ NoIf budget amendment is necessary, please attach to this form. is instrument has been pre - audited in the manner required by the Local Government Bud et and Fiscal Cool A t: Financial Services Director's Si nature: Un.��- f� • /` Date: l t L g !IKZ County Attorney Approval by Board ❑ (Contracts $90,000.00 or more for goods or services, $250,000.00 or more for construction, or any BOCC consultant contract). Approv by Ma ager ❑ (Most other contracts $1,000 and above). Department Director approval only ❑ (Under $1,000). This contract has n evi and approved by the Attorney as to legal form and sufficie cy: Attorney's Signature Date: County Manager This contract has been reviewed and is approve the County Manager Y No❑. This contract has been reviewed and' for si t e by the Chair Yes❑Noj]� Manager's Signature: Date: 2 Clerk to the Board Approved by BOCC on the _ day of , 20 Submitted for Chair signature on the _ day of , 20 Clerk's Signature: Date: Revised March 2012