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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
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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.
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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
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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)
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