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HomeMy WebLinkAboutKnorst, Andrew Agreement for Conditional Employment during Basic Recruit Training 2024 05 16AGREEMENT FOR CONDITIONAL EMPLOYMENT DURING BASIC RECRUIT TRAINING THIS AGREEMENT ("Agreement") is made and entered into this 161h day of May, 2024, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City") and ANDREW WILLIAM KNORST, an individual, ("Police Officer Trainee). WITNESSETH WHEREAS, the Police Officer Trainee desires to pursue a career in law enforcement with the City and has requested that the City provide financial assistance to achieve this objective; and WHEREAS, the City is willing to fund the Police Officer Trainee's training expenses under certain terms and conditions set forth herein; and WHEREAS, it is in the best interest of the City and the Police Officer Trainee that the Police Officer Trainee receive Basic Law Enforcement Recruit training locally, which training is provided by Seminole State College, hereinafter referred to as the "Basic Law Enforcement Recruit Academy"; and WHEREAS, City and Police Officer Trainee acknowledge and agree that the Basic Law Enforcement Recruit Academy will provide Police Officer Trainee with the basic knowledge, skills and abilities to assume the role of a Police Officer for the City of Winter Springs; and WHEREAS, City and Police Officer Trainee acknowledge and agree that upon successful completion of the Basic Law Enforcement Recruit Academy, and full compliance with this Agreement, the intent is for City to hire the Police Officer Trainer as a full-time Police Officer for the City of Winter Springs; and WHEREAS, City and Police Officer Trainee acknowledge and agree that during the term of this Agreement, Police Officer Trainee will be a conditional employee with the City of Winter Springs. NOW, THEREFORE, for the consideration set forth herein, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree as follows: 1. The City will employ the Police Officer Trainee as a conditional employee during the time Police Officer Trainee is attending the Basic Law Enforcement Recruit Academy, and during the term of this Agreement. The conditional employment will commence on or about the 15`h day of July, 2024 and end on the 22"d day of January, 2025. The City will compensate Police Officer Trainee at the rate of $20.00 per hour during the Police Officer Trainee's conditional employment with the City. The Police Officer Trainee shall not be entitled to receive any benefits, including but not limited to paid leave, catastrophic leave, health, life, or disability insurance, or pension fund contributions. For purposes of health Agreement for Conditional Employment City of Winter Springs Page 1 of 6 insurance, if the conditional employment becomes a permanent position with the City after Police Officer Trainee's completion of the Basic Law Enforcement Recruitment Academy and passage of the state certification exam, the conditional employment period shall count toward the employment period necessary prior to provision of health insurance by the City. 2. During conditional employment with the City, the Police Officer Trainee agrees to abide by and comply with the following: (i) All laws of the State of Florida; (ii) All ordinances, policies, and procedures of the Winter Springs Police Department and the City of Winter Springs; and (iii) All rules and regulations applicable to members of the Winter Springs Police Department. Nothing in this agreement shall preclude the City from disciplining or terminating the Police Officer Trainee for violation of any of these laws, ordinances, rules and regulations, policies and procedures or for any other reason whatsoever, or no reason whatsoever, upon prior notice by the City. 3. The Police Officer Trainee agrees and acknowledges that they shall be subject to immediate termination prior to the end of the term as set forth in paragraph (1) should they for any reason whatsoever become physically or mentally unable to satisfactorily complete the Basic Law Enforcement Recruit Academy. The Police Officer Trainee must successfully graduate from the Basic Law Enforcement Recruit Academy on the graduation date for which the Police Officer Trainee was originally enrolled. Additionally, the Police Officer Trainee shall take and obtain a passing score on the State Law Enforcement Officer Certification Exam on the first date the exam is offered after graduation from the Basic Law Enforcement Recruit Academy. Should the Police Officer Trainee fail to graduate from the Basic Law Enforcement Recruit Academy or fail to take or pass the State Certification Exam on the first attempt at taking the Exam, as specified in this paragraph, this Agreement shall be terminated, and the Police Officer Trainee's conditional employment will be subject to immediate termination. 4. The City will pay Police Officer Trainee's costs of attending the Basic Law Enforcement Recruit Academy, which costs are course expenses, tuition fees, and State Certification Exam fee, hereinafter referred to as "Costs". The City will additionally pay Police Officer Trainee the hourly wages set forth in Paragraph 1., above during the term of this Agreement. 5. The Police Officer Trainee understands that they will receive law enforcement training at no initial charge to them. The Police Officer Trainee further agrees and acknowledges that should they fail to complete the Basic Law Enforcement Academy, the Police Officer Trainee shall reimburse the City for the Cost of the Basic Law Enforcement Recruit Academy paid by City. In the event conditional employment becomes permanent and Police Officer Trainee becomes a Winter Springs Police Officer, and should Police Officer Trainee terminate their employment with the City within two (2) years of becoming a Winter Springs Police Officer, then Police Officer Trainee shall reimburse all Costs paid by the City pursuant to Paragraph 4., above, in accordance with the calculations and schedule set forth in paragraphs 6. and 7., below, to the extent permitted by law. Agreement for Conditional Employment City of Winter Springs Page 2 of 6 6. The Police Officer Trainee agrees and acknowledges that should they fail to complete the Basic Law Enforcement Recruit academy or should they complete the Basic Law Enforcement Recruit Academy but fail the state certification exam, or should they fail to remain in City Employment as a Law Enforcement Officer for a period of two (2) years after full time employment with the City as an Winter Springs Police Officer, the Police Officer Trainee shall reimburse the City Costs, as set forth herein: a. For a Police Officer Trainee terminating conditional employment during the Basic Law Enforcement Recruit Academy or within 2 years of becoming a full-time Police Officer for the City of Winter Springs, reimbursement of all Costs paid by City during the academy training period. 7. The Police Officer Trainee further agrees and acknowledges that at the time of their termination, reimbursement for Costs may be taken from any monies due to the Police Officer Trainee, including, but not limited to salary. 8. The obligation to reimburse the City Costs as set forth in this Agreement shall not apply should the Police Officer Trainee terminate his or her employment with the City of Winter Springs and resign their certification upon termination in order to obtain employment for which certification under Chapter 943, Florida Statutes, is not required. 9. Any legal action to collect amounts owed pursuant to this agreement will be handled by the appropriate court in Seminole County, and the parties hereby agree to jurisdiction and venue therein. The successful party in any such legal action shall be entitled to an award of its/their attorney's fees and costs. This Agreement will be governed by the laws of the state of Florida. 10. By executing this Agreement, the Police Officer Trainee acknowledges that they have been provided written notification during the employment (conditional or permanent) screening process and that by accepting financial assistance from the City under the terms hereunder, they are making a two (2) year employment commitment to the City should Police Officer Trainee become a full-time Winter Springs Police Officer upon successful completion of the Basic Law Enforcement Recruit Academy and the state certification exam (this Agreement constitutes such written notification). 11. The Police Officer Trainee acknowledges that the provisions of this Agreement are intended to supplement the provisions of Florida Statutes Section 943.16, which also requires a Police Officer Trainee to reimburse the City for training expenses if they do not fulfill a two (2) year employment commitment after successful completion of the Basic Law Enforcement Recruit Academy. The Police Officer Trainee further agrees that to the extent that this Agreement provides additional obligations and requirements beyond those set forth in Florida Statute 943.16, such additional obligations and requirements are enforceable under paragraph 8., above. Agreement for Conditional Employment City of Winter Springs Page 3 of 6 12. The Police Officer Trainee will, as part of this Agreement, be required to sign and execute the Agreement for Reimbursement of Law Enforcement Officer Training Expenses for Certified Officers. This Agreement will require the Police Officer Trainee to reimburse the City for the Costs set forth herein. 13. Notwithstanding the provisions of this Agreement, the City may waive the Police Officer Trainee's requirement of reimbursement in part or in full if the City, in its sole discretion, determines that the Police Officer Trainee's conditional or full-time employment was terminated due to hardship or extenuating circumstances. 14. By executing this Agreement, the Police Officer Trainee acknowledges that they have been provided written notification during the employment screening process (conditional and permanent) that by acceptance of financial assistance from the City under the terms hereunder, and that they are classified as an "at -will" employee and will not have the right to appeal disciplinary action, termination or any adverse action taken by the Department or the City, except that if a permanent full-time employee, all disciplinary actions will proceed as set forth in City policies, to the extent permitted by law. (This Agreement constitutes such written notification). In witness of their agreement to the terms set out herein, the parties have hereunder set their hands and seals the day and year first above written. [SIGNATURE PAGE TO FOLLOW] Agreement for Conditional Employment City of Winter Springs Page 4 of 6 CITY OF WINTER SPRINGS: PhdDpHurdshntc,Irim City Manager Ph Date: �Lz/ h ATTEST: Christian Gowan, City Clerk POLICE OFFICER TRAINEE: Print: AhJreiv lehotjt Date: 05/III/2,oI4 WITNESS: Print Name: fig= vl (-'�+ Print Name: [CONTINUED TO NEX PAGE] Agreement for Conditional Employment City of Winter Springs Page 5 of 6 -c nr�' (22 y L)St STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledge online notarization, this C� or [_] who produced did / [_] did not take an oath d before me by means of L✓ physical presence or day of � 2024, by an individual, who s L\Zpersonally known to me as identification, and who �] (NOTARY SEAL) Notary Public Signature MELISSA l BUCHMAN � is •••., Notary Public - State of Florida Commission kHH 318008 Print Name: My Comm. Expires Dec 17, 2026 pcL� Bonded through National Notary Assn. Notary Public State of. Commission No.: R H S My Commission Expires: IOU,. Cl � 2� Agreement for Conditional Employment City of Winter Springs Page 6 of 6 o BOOM MH a In DSI'J>~ is