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HomeMy WebLinkAboutC-4357 a CITY OF ARCADIA AGREEMENT PARAMEDIC TRAINING This agreement ("AGREEMENT") is made, entered into and executed in duplicate originals, either copy f which may be considered and used as the original hereof for all purposes, as of the day of Sri--e,,i bey-, 20'x, 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 Erik Johnson (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 eighty-five thousand six hundred eighty-six dollars ($85,686) in salary and benefits for six months, including Paramedic Training Institute tuition and fees; 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. 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 in consideration 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 paramedic, this AGREEMENT does not insulate Employee from being 2 4 City of Arcadia Paramedic Training AGREEMENT Page 3 of 4 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 ($85,686), 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. 3 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. Eri.A e' •.n Date PLOYEE *04(4 7--jr:20•20 Michael E. Lang < Date FIRE CHIEF City of Arcadia t•30Az•. 2020 Degi azzaretto Date CITY MANAGER City of Arcadia Approved as to form: g n Posf=e 0c.o 11)2020 Stephen Deitsch Date CITY ATTORNEY City of Arcadia 4 c) N M n VC. g Z w R a y 0 til 00 to RI 5 li keD 1 I O O O H �..� O ti) 15Q ' ' Z CA n ',I I cr _i_ i ci 1 1 i ! .i:70- s ro20 1m N (o p• vii ,b to v p ,b O son 0 • - trl 1 _ P p, r n N r C O _• E (� O f. np Rey ,, O r. "'C - v, ,$ Z z HF.,.y O n' rrl _E. 5ci.`Crri A .r p V, o . • - O CO vii c' Cr �_ r-i ro 34w fD O a n A IV O 11111E111E 111 N O N ii I — 111111111111111 11 1111 11111 P, Ca rotiq r.. E ro O N CD N fp CO a c) Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Monday, October 12, 2020 8:32 AM To: Rachelle Arellano Subject: RE: City Attorney review - October 6, 2020 Rachelle, I have reviewed and approve as to form the Paramedic Training Agreement with Erik Johnson. You may use my stamped signature for this purpose. Thanks. Steve Stephen Deitsch Partner stephen.deitsch@bbklaw.com T:(909)483-6642 C:(951)662-9343 www.BBKlaw.com - Stay at home and public health orders issued in multiple counties across the U.S. require our offices to be physically closed. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until further notice. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e-served documents in your case to the e-mail addresses for any Best Best BE Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, October 06, 2020 9:21 AM To: Stephen Deitsch Cc: City Attorney Subject: City Attorney review - October 6, 2020 CAU*N -EXTERNAL SENDER. Hi Steve, Attached is a zip folder with the following items for your review: 1. Covenant Verbiage for review (Planning) 2. Master Meter— End User Agreement (PWSD). This is a different type of agreement that has been previously reviewed by you and discussed with PWSD. Attached for your reference is the email trail regarding that discussion. 3. Graffiti Removal and Nuisance Abatement (Planning) 4. Library Policy for review 5. Library Trellis Replacement Project (PWSD) 6. Materials and Soils Testing for Huntington Dr. and Misc. Arterial Rehab (DSD) 1