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HomeMy WebLinkAboutC-23460 0 CITY OF ARCADIA AGREEMENT PARAMEDIC TRAINING This agreement ( "AGREEMENT ") is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of the 7`s day of April 2008, in the City of Arcadia, County of Los Angeles, California, by and between the CITY OF ARCADIA, a charter city duly incorporated under the laws of California (hereinafter referred to as "City ") and Michael Herdman (hereinafter referred to as "Employee "). RECITALS WHEREAS, the City is a charter city and is subject to certain provisions of the Government Code of the State of California; and WHEREAS, it is the desire of the City to provide by contract certain conditions of employment with presently employed firefighters who volunteer to be provided extensive training to become certified by the State of California and Los Angeles County as a paramedic; and WHEREAS, after completion of the voluntary paramedic training, Employee will undergo further field training and supervision by the Fire Department to continue to develop his/her skills as a paramedic for the City; and WHEREAS, the City incurs great expense in financing Employee's voluntary training through paramedic certification training; and WHEREAS, the paramedic training to be volunteered for consists of approximately five or six continuous months of instruction for approximately forty (40) hours a week (the "Training Period "); and WHEREAS, during the Training Period, the City shall maintain Employee's full salary and other benefits as mandated by rules, regulations and applicable memoranda of understanding, although the Employee will not be performing active fire suppression and medical aid services on behalf of the City during the Training Period; and WHEREAS, the expense to the City in providing Employee with paramedic training is fifty- three thousand one hundred and sixty three dollars ($53,163) in salary and benefits for six months, including Paramedic Training Institute tuition; and WHEREAS, at the conclusion of the Training Period and after subsequent certification being qualified as a paramedic, the newly certified paramedic can elect to terminate employment with the City and utilize newly marketable skills on behalf of another jurisdiction that did not fund the training and attaining of said skills, all to the significant economic and /or operational detriment of the City. 6 0 City of Arcadia Paramedic Training AGREEMENT Page 2 of 4 NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES HERETO AGREE AS FOLLOWS. SECTION 1: The City and Employee agree that the recitals contained hereinabove are true and correct and are incorporated herein by reference. SECTION 2: Employee represents that he /she is voluntarily entering into the paramedic training certification program and is voluntarily agreeing to be bound by the provisions of this AGREEMENT. SECTION 3: Continuing employment of Employee as a City Firefighter is not contingent upon Employee volunteering to participate in or completing the paramedic certification training. No repercussions shall be suffered by Employee should he /she choose to abstain from participating in the paramedic certification training program as described herein. SECTION 4: Employee has been provided ample opportunity to consult with a representative or counselor of his /her choice as to advice regarding whether or not to enter into this AGREEMENT and whether or not to volunteer for the paramedic certification training program. Employee now does so without coercion and of his/her own free will, being fully aware of the provisions of this AGREMEENT and of the economic damages that shall result from a premature termination by Employee of his /her employment status with the City. Additionally, Employee represents and warrants that he /she understands all terms and provisions this AGREEMENT. SECTION 5: Employee hereby agrees that inconsideration for the City providing paramedic certification training at City expense and continuing to pay Employee's salary and benefits during the Training Period, he or she will remain in the full -time employ, and as an employee in good standing, of the City Fire Department for at least a thirty -six (36) month period commencing upon the first day following the Training Period, and Employee shall not undertake employment as a firefighter, firefighter /paramedic or paramedic of any rank in any other jurisdiction or agency during said thirty- six (36) month period of time. If Employee does become so employed, Employee agrees to pay the City damages as set forth herein. SECTION 6: Except as otherwise provided in Section 7, the employee agrees that THIS AGREEMENT does not create a property right in employment in the position of firefighter or firefighter /paramedic in the Fire Department of the City. SECTION 7: All provisions of the City's Municipal Code and the Personnel Rules and Regulations and any current Memorandum of Understanding as now exists or may be amended shall apply to Employee. Accordingly, although Employee agrees that he /she shall not initiate termination of employment and the seeking of employment elsewhere as a firefighter, firefighter /paramedic or 2 0 City of Arcadia Paramedic Training AGREEMENT Page 3 of 4 paramedic, this AGREEMENT does not insulate Employee from being subject to any or all disciplinary actions, layoffs or other personnel actions that may be initiated by the City which may result in a separation from employment with the City. If Employee separates from employment with the City during this thirty -six (36) month period non - voluntarily, and without Employee's fault or causation, Employee shall not be required to pay the City damages as set forth herein. SECTION 8: On breach of the terms of this AGREEMENT by Employee, Employee shall pay to the City the expense incurred by the City in providing paramedic training ($53,163), multiplied by a fraction the numerator of which is the number of days remaining in the above described thirty-six (36) month period following Employee's termination of employment with the City, and the denominator of which is the number 1095. Said amount is intended to compensate the City for damages based upon the City paying for Employee's training while Employee was not actively performing medical aid or fire suppression duties for the City. Any damages recovered pursuant to this Agreement will not exceed an amount which results in Employee receiving less than the minimum wage during the Training Period. SECTION 9: Employee agrees that without the necessity of a judgment being rendered against him/her, the total amount of the agreed upon damages described in Section 8 shall be withheld by the City from any closing amount due Employee upon conclusion of employment with the City, and that any remaining unpaid balance shall be due and payable, and shall be remitted by the Employee, within thirty (30) days of leaving City employment. The City in its sole and absolute discretion may extend the time for such remittance for good cause. SECTION 10: Employee agrees to pay the City for reasonable attorney fees and/or costs incurred by the City in enforcing this AGREEMENT and in collecting any monies due and owing pursuant to this AGREEMENT, and that said amounts shall be part of any judgment against Employee for breach of this AGREEMENT. SECTION 11: This AGREEMENT shall be interpreted in accordance with the laws of the State of California. Venue shall be Los Angeles County for any and all legal or administrative actions or proceedings brought forward or filed by either the City or Employee pertaining to the matters set forth in this AGREEMENT. SECTION 12: This AGREEMENT shall be applicable only if Employee is employed by the City as a "Firefighter" and volunteers and is selected for paramedic certification training. i • City of Arcadia Paramedic Training AGREEMENT Page 4 of 4 IN WITNESS WHEREOF, the City and Employee have executed this AGREEMENT as of the dates set forth below. �1'u•-a #"' 3/1 2-10'9 Michael Herdman Date EMPLOYEE Tony L. Trabbie Date FIRE CHIEF City of Arcadia Jsti-, D- 3Ja�/oa Don Penman Date CITY MANAGER City of Arcadia Approved to form: 3125--/08 CITY ATTORNEY Date City of Arcadia 4