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HomeMy WebLinkAboutEquipment Agreement- Isaac NadlerThe City of Oshkosh Fire Department Equipment Agreement THIS AGREEMENT is effective this 2.7 day of January, 2020, by and between the City of Oshkosh ("City") and Isaac Nadler ("Applicant"). WHEREAS, Applicant acknowledges that the City will incur substantial expense in the form of time, effort and money in the screening and testing of Applicant 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: 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. Screen 450.00 uation 4$500.00 ff tigation 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,2_Q__day of January, 2020. Isaac, Nadler, Applicant Recommende Michael Stanley, Fire Chief II � Pamela R. Ubrig, City Clerk Mark A. Rohloff, City Manager (t Lynn A. Lorenson, City Attorney