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Home My WebLink AboutO'Connor Shane Agreement for Conditional Employment during Basic Recruit Training - 2025 03 27AGREEMENT FOR CONDITIONAL EMPLOYMENT DURING BASIC RECRUIT TRAINING THIS AGREEMENT ("Agreement") is made and entered into this 25th day of March, 2025, by and between the CITY OF WINTER SPRINGS, a Florida municipal corporation ("City"), and Shane Spencer O'Connor, an individual ("Police Recruit). l,►ijy �►1��.� WHEREAS, the Police Recruit 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 Recruit'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 Recruit that the Police Recruit 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 Recruit acknowledge and agree that the Basic Law Enforcement Recruit Academy will provide Police Recruit 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 Recruit 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 Recruit as a full-time Police Officer for the City of Winter Springs; and WHEREAS, City and Police Recruit acknowledge and agree that during the term of this Agreement, Police Recruit will be a conditional employee with the City %J 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 Recruit as a conditional employee during the time the Police Recruit is attending the Basic Law Enforcement Recruit Academy, and during the term of this Agreement. The conditional employment will commence on or about the 7t" day of April 2025 and end on the 16"' day of June 2025. The City will compensate the Police Recruit at the rate of $20.6150 per hour during the Police Recruit's conditional employment with the City. The Police Recruit 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 insurance, if the conditional employment becomes a permanent position with the City after Police Recruit's Agreement for Conditional Employment City of Winter Springs Page 1 of 6 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 Recruit 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 Recruit 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 Recruit 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 Recruit must successfully graduate from the Basic Law Enforcement Recruit Academy on the graduation date for which the Police Recruit was originally enrolled. Additionally, the Police Recruit 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 Recruit 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 Recruit's conditional employment will be subject to immediate termination. 4. The City will pay Police Recruit'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 Recruit the hourly wages set forth in Paragraph 1., above during the term of this Agreement. 5. The Police Recruit understands that they will receive law enforcement training at no initial charge to them. The Police Recruit further agrees and acknowledges that should they fail to complete the Basic Law Enforcement Academy, the Police Recruit 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 Recruit becomes a Winter Springs Police Officer, and should Police Recruit terminate their employment with the City within two (2) years of becoming a Winter Springs Police Officer, then Police Recruit 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. 6. The Police Recruit agrees and acknowledges that should they fail to complete the Basic Law Enforcement Recruit academy or should they complete the Basic Law Enforcement Agreement for Conditional Employment City of Winter Springs Page 2 of 6 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, or should the City terminate their conditional or full-time employment for cause at any time, the Police Recruit shall reimburse the City Costs, as set forth herein: a. For a Police Recruit terminating conditional employment during the Basic Law Enforcement Recruit Academy or within 1 year of becoming a full-time Police Officer for the City of Winter Springs, all Costs, paid by City during the academy training period. b. For a Police Recruit terminating full-time employment as a Police Officer for the City of Winter Springs within 12 months and 1 day to 24 months of becoming a full-time Police Officer for the City of Winter Springs, an amount equal to one-half of all Costs paid by the City. 7. The Police Recruit 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 Recruit, 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 Recruit 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 Recruit acknowledges that they have been provided written notification during the employment (cononal 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 Recruit 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 Recruit 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 Recruit 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 Recruit further agrees that to the extent that this Agreement Agreement for Conditional Employment City of Winter Springs Pa5e 3 of 6 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. 12. The Police Recruit 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 Recruit to reimburse the City for the Costs set forth herein. 13. Notwithstanding the provisions of this Agreement, the City may waive the Police Recruit's requirement of reimbursement in part or in full if the City, in its sole discretion, determines that the Police Recruit's conditional or full-time employment was terminated due to hardship or extenuating circumstances. 14. By executing this Agreement, the Police Recruit 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 Pa5e 4 of 6 CITY OF WINTER SPRINGS: Kevin Sweet City Manager Date: ATTEST: Christian Gowan, City Clerk POLICE RECRUIT: Date: WITNESS: Print Name: /Lrt�/ G�ifiar�d� Print Name: j Uht� S/�'�u2% [CONTINUED TO NEX PAGE) Agreement for Conditional Employment City of Winter Springs Pa5e 5 of 6 STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was ackn wled ed before me by means of U physical presence or online notarization, thisS day of 1'�'��y'� t—� 20 'Z S , by 0 C o ``'1.6'� , an individual, who is personally known to me or ] who produced !J L as identification, and who [ ] did / [] did not take an oath (NOTARY SEAL) 4—. (�— Notary Public Signature 3UCHMAN vc .ary "r.:^' state 1 Florida 1/�{� S s <; Commis _ HH MOM Print Name: �, — ` p0' h1y Comm. cx fires Dec 171 2026 x. Bonded t)rosn anal Notary Assn, Notary Public State of: w`� Commission No.: H My Commission Expires (C C . 1:7 2 Agreement for Conditional Employment City of Winter Springs Page 6 of 6