HomeMy WebLinkAboutEquipment Agreement- Jose Arcer:-rC FIVE
MAR 2 5 2020
ERKS
The City of Oshkosh Fire Department Equent Ag eem n't E
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THIS AGREEMENT is effective this 22 day of January, 2020, by and between the City of
Oshkosh ("City") and Jose Arce ("Applicant").
WHEREAS, Applicant acknowledges that the City will incur substantial expense in the form
of time, effortand money in the screening and testing ofApplicant in the course of Applicant seeking
employment as a Firefighter, and additional expenses in training, testing and equipping new
employees.
WHEREAS, if Applicant shall leave employment with the City prior to successful completion
of their probationary period, Applicant acknowledges that the City will have suffered substantial
economic loss due to the payment of expenses on behalf of Applicant such that repayment of those
expenses, should Applicant fail to successfully complete probation, is reasonable.
NOW, THEREFORE, in consideration of the terms and conditions herein, the Parties mutually
agree as follows:
1. Should Applicant successfully complete the balance of the screening process conducted
by the City, the City will provide Applicant with necessary job related uniforms, supplies
and equipment upon appointment.
2. Should Applicant quit, resign or voluntarily terminate his or her employment for any
reason prior to completing their probationary period, Applicant shall reimburse the City
for the costs associated with Applicant's pre -employment medical examination, drug
screen, psychological evaluation, background investigation, non-logoed station uniforms
and equipment issued to Applicant subsequent to the execution of this agreement.
Applicant shall not reimburse for logoed wear which will be retained by the City, as well
as any required safety and personal protective equipment the City has provided to
Applicant.
3. Exceptions to Repayment: An approved leave of absence shall not be deemed
termination of employment for the purposes of this Agreement. However, if any such
leave is granted by the City, this Agreement shall automatically extend for a period of
time corresponding with the period of leave.
4. Applicant agrees to have the amount due the City under the terms of this Agreement
withheld from their final paycheck in accordance with the Fair Labor Standards Act and
Wisconsin's Wage Payment and Collection Law. In the event that Applicant's final
paycheck is insufficient to cover the amount due, or if Applicant is not otherwise entitled
to a paycheck, Applicant shall be invoiced and agrees to pay the invoice within 30 days
of the date of invoice.
5. In the event Applicant breaches his or her obligation to reimburse the City for any
amount due and owing under this Agreement, and the City commences litigation against
Applicant for recovery of the costs outlined in paragraph three of this Agreement,
Applicant stipulates that the City shall be entitled to the outstanding amount as well as
the City's costs incurred to commence suit.
6. Estimated Fee Schedule: Under this Agreement, Applicant may be held responsible for
reimbursement of the actual costs up to the estimated amount outlined within this
Agreement.
Physical and Drug Screen
$450.00
Psychological Evaluation
$500.00
Background Investigation
$120.00
Station Uniforms (to include pants, shoes,
belt, name tags)
$380.00
Textbooks
$90.00
Bedding
$35.00
Total Estimated Cost:
$1575.00
7. This Agreement shall be governed by the laws of the State of Wisconsin and any legal
dispute shall have Winnebago County as its legal venue.
8. This Agreement maybe amended only upon written agreement of the Parties.
9. If any provision or portion hereof contained in this Agreement is held to be invalid or
unenforceable, the remainder of the Agreement shall be deemed severable and remain
in full force and effect.
Dated this 22 day of January, 2020.
Applicant
Recommended
Michael Stanley, Fire
Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk Lynn A. orenson, City Attorney