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HomeMy WebLinkAbout2021-692-E-Carlos Orozco-Paramedic Academy Contract1 Revised January 2021 NORTH CAROLINA Contract No.20 - ORANGE COUNTY PARAMEDIC ACADEMY TRAINING AGREEMENT This Employment Agreement made and entered into this 1st day of January37, 2021, by and between Orange County on behalf of its Emergency Services Department (“County”), and Carlos Orozco (“Trainee”). W I T N E S S E T H: 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 Program to train eligible persons to become North Carolina Office of Emergency Medical Service (“OEMS”) Certified Paramedics; and WHEREAS, the Trainee is a person who desires to train to become an OEMS Certified Paramedic and is eligible to be trained through the Paramedic Academy; and WHEREAS, during the Academy, 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 the County with a minimum of two years full-time employment as an OEMS Certified Paramedic following completion of the Academy 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 from the date of this Agreement until two years after the Trainee has been certified by OEMS as a Paramedic within the State of North Carolina and passed the Orange County Medical Director’s Oral Board Exam and released to perform the duties of a paramedic within Orange County. 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. DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 2 Revised January 2021 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 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 the Trainee a salary of a Grade 16 Paramedic during the training period, which is an annual salary of thirty seven thousand fifty nine dollars and 00/100 ($37,059) 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 eighteen thousand dollars and 00/100 ($18,000). ii. After Training Period. Once the Trainee is released to practice at the Paramedic level they will receive an increase in salary equivalent to the minimum annual salary of a Grade 16 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 employees in similar positions. b. Employment Benefits. During the Training Period and thereafter the Trainee shall receive all employment benefits in accordance with the Orange County Personnel Ordinance, except as provided herein. DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 3 Revised January 2021 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 16 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 during the Training Period is provided to the employee in exchange for a service, in which the Trainee must provide to the County by serving as a Paramedic in the Orange County Emergency Services Department for a two year period. b. Once the Trainee has completed the Training Period, been certified by the North Carolina OEMS as a Paramedic and has being released to practice in Orange County by the Orange County Emergency Services Medical Director the Trainee shall serve as a Paramedic for the County for two years. 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 not work in a fulltime capacity in any 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. i. Calculation of Reimbursement. 1. Separation during Training Period. If the Trainee resigns or is terminated during the Training Period, they shall reimburse the County the full amount of their salary during the Training Period as provided in Section 5.a. above or a portion thereof. 2. Separation after Training Period. If the Trainee resigns or is terminated within two year period of time following completion DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 4 Revised January 2021 of the Training Period 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 as agreed upon by the County. 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. 7. Probationary Period. During the training period, Trainees are probationary employees and have only those rights afforded to probationary employees under the Orange County Ordinance. 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. Right to be Represented by Counsel. The Trainee acknowledges that they were not coerced into this Agreement; provided a copy of this Agreement prior to its execution; has had a full and fair opportunity to review the terms, comment upon them, and request any changes; that any changes the Parties agreed upon have been made; and further that they have been given the opportunity to retain and consult with legal counsel of their own choosing prior to execution of the Agreement. DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 5 Revised January 2021 10. Confidentiality. The Agreement and the terms thereof are a public record under N.C. Gen. Stat. § 153A-98(b)(4). North Carolina state law requires that the terms of any contract by which the Trainee is employed whether written or oral, past and current, to the extent that the county has the written contract or a record of the oral contract in its possession, is public records. 11. 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. 12. 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. 13. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 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 By _________________________________ By ________________________________ Bonnie Hammersley, County Manager Trainee Carlos Orozco ___________________________________ Printed Name Date _______________________________ Date: _______________________________ DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 12/18/202112/21/2021 6 Revised January 2021 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Carlos Orozco Party/Vendor Contact Person: Carlos Orozco Contact Phone: 919-370-1589 Party/Vendor Address: City State: NC Zip: Department: ES Amount: $18,000 Purpose: Paramedic Academy Contract Budget Code(s): 10757510 Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date January 1, 2021 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: ED40E6BE-6E33-419A-8136-C30ED7C2D6B6 12/18/2021 12/18/2021 12/20/2021 12/21/2021