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HomeMy WebLinkAbout2012-289 EMS - David Vaninwagen Training for Paramedics $N/A 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 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 contract also provides that if you owe the County money under the contract when you leave, the County can deduct up to that amount from your last paycheck or any other money the County may owe you at the time you 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 participation through the Orange County Paramedic Academy Program. If you do not sign the contract, you will not be considered for employment as an Orange County as a Paramedic Trainee. PLEASE BE SURE TO READ THE ENTIRE CONTRACT YOURSELF. IF YOU DO NOT UNDERSTAND IT OR HAVE CONCERNS ABOUT SIGNING THE AGREEMENT, PLEASE FEEL FREE TO SEEK ADVICE FROM YOUR ATTORNEY. Please sign here to indicate that you have received both this notice and the actual contract. September 1, 2011 "IEmployee-Signature Date Care • Serve • Survive NORTH CAROLINA Contract No.201 I- ORANGECOUNTY PARAMEDIC ACADEMY TRAINING AGREEMENT This Employment Agreement made and entered into this 1st day of September 2011, by and between Orange County on behalf of its Emergency Services Department ("County"), and David VanInwagen ("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 be 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 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: I e . The term of this Agreement is from the date of this Agreement until 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 Services. 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 learning how to perform such tasks correctly or to perform services as an EMT-B or EMT-1 on an intermittent basis either during an 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. i. 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 benefits in accordance with the Orange County Personnel Ordinance, except as provided herein. c. Employment after Training Period. After completion of the Training Program, certification by GEMS as a Paramedic and authorization to practice I 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 pay 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 assignments 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 as a volunteer in Orange County, another EMS system, hospital, doctor's office or medical facility as a paid Emergency Medical Services Provider 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 the 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 TRAINEE ` MI5 /Z By By Frank . C i on, JKawify Manager rainee Ali �Z Printed Name Date v Date September 1, 2011 0/� �1 � -- ���1 Approved as to tec ical c ent: / z Frank Monies de Oca, Emergency Services Director Approved as to form and legal sufficiency: ette M. Moore, Staff Attorney This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. a J, A Clarence G. Grier, Financial Services Director