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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 6th
day of July, 2010, 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 Richard Oishi (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
sixty -two thousand, six hundred and thirty eight dollars ($62,638) Salary and Benefits for six months
plus 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.
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
subject to any or all disciplinary actions, layoffs or other personnel actions that may be initiated by
City of Arcadia
Paramedic Training AGREEMENT
Page 3 of 4
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 ($62,638),
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.
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.
J
Richar is
EMPLOYEE
Tony L. raraT abbie'
FIRE CHIEF
City of Arcadia
VIC-
on Penm
CITY MANAGER
City of Arcadia
Approved to form:
t'
Steve Deitsch
CITY ATTORNEY
City of Arcadia
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