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HomeMy Public PortalAbout170-2021 - Mr. David Rogers - donation - construction of new footpath POSITION DONATION AGREEMENT • THIS AGREEMENT is hereby entered into by and between the Richmond, Indiana, a municipal corporation,acting by and through its Parks Superintendent(hereinafter referred 46\"City"), and Mr. David Rodgers, a resident of the Spring Grove, Indiana on this day of 2021. WITNESSETH: WHEREAS,the City of Richmond,Indiana operates a Department of Parks and Recreation •(hereinafter referred to as the"Department") as permitted by applicable Indiana statute(s), which Department provides for the positive development and well-being of the Richmond, Indiana Community through the offerings of parks, greenways, trails and recreational programming facilities; and WHEREAS,the Department has previously identified a need for a Trail and Service Leader position, which, by way of example and not limitation, shall be responsible for the maintenance of trails,trailheads,signage and other related public access improvements and features;scout,plan and permit new and current trail projects;construct new small footpath tail projects; promote best practices in all trail building and volunteer activities; assist the Floral Division Team on a variety of daily tasks as needed and requested; provide community educational opportunities; provide tree maintenance, removal and proper pruning techniques; and install new landscapes and maintain existing landscapes; and WHEREAS,Mr.Rodgers has agreed to provide for the salary and benefits of the Trail and Service Leader position through a donation to the City.as he of the opinion that such a position within City Government will produce a benefit to all residents of the City; and WHEREAS, the City Administration has secured approval from the Richmond Common Council to accept and appropriate the donation monies, which are more particularly described below, for purposes of funding this position with Council's approval of said appropriation being contingent upon the City not being required to contribute to the salary or benefits of the position; and WHEREAS,the parties hereto desire to reduce their agreement to writing in order to ensure a complete understanding of the implementation of the above-stated recitals. NOW THEREFORE, in consideration of the terms and conditions contained herein, including the above stated recitals,the parties agree as follows: 1. .The City has, or will, advertise the Trail and Service Leader Position in a Manner consistent with its customary protocols. 2. Upon receiving applications and the expiration of the City's chosen advertising period,the City will undertake a review and interview process of all candidates Contract No. 170-2021 and shall have complete discretion in determining which candidate to ultimately offer employment. 3. The salary range for the Trail and Service Leader Position has previously been approved through the budgetary process of the Richmond Common Council and shall be set and paid within the range previously approved with the exact sum to be determined by the City. 4. The Trail and Service Leader Position shall be non-union;however,the position will be provided all benefits which are afforded to similarly situated employees of the City. This includes, but is not necessarily limited to, Public Employees Retirement Fund participation and health insurance. 5. Mr. Rodgers agrees to fund the Trail and Service Leader Position through December 31, 2023. Mr. Rodgers agrees to donate to the City within fifteen (15) days of the execution of this Agreement the sum of Fifty-One Thousand Dollars and 00/100($51,000.00),which donation shall be specifically allocated to fund the Trail and Service Leader Position for 2022. The City shall not be permitted to utilize the funds described herein for any purpose other than to fund the salary and benefits of the Trail and Service Leader Position. 6. In the event that total salary and benefits paid to the Trail and Service Leader Position in 2022 are less than the sum of Fifty-One Thousand Dollars and 00/100 ($51,000.00), Mr. Rodgers shall receive a "credit" for 2023 for the difference between the total salary and benefits paid to the Trail and Service Leader Position and Fifty-One Thousand Dollars and 00/100 ($51,000.00), which sum shall be maintained by the City to be used for the Trail and Service Leader Position's salary and benefits in 2023. 7. Mr.Rodgers will make an additional donation on or before June 1,2022,unless extended by the City,which shall be allocated for the salary and benefits of the Trail and Service Leader Position in 2023. Mr. Rodger's donation for 2023 shall be calculated by taking the actual salary and benefits to be paid to the Trail and Service Leader Position in 2023 minus any"credit"described in Paragraph Six (6), above. For purposes of example, if the Trail and Service Leader Position's actual total compensation paid for 2022 is the sum of Forty-Eight Thousand Dollars and 00/100 ($48,000.00) (which sum includes PERF and the City's contribution toward the employee's health insurance policy, and any other benefits), Mr. Rodgers will receive a credit in. 2023 of Four Thousand Dollars and 00/100 ($4,000.00). The City shall advise Mr. Rodgers of the amount to be paid to the Trail and Service Leader Position for 2023 prior to June 1, 2022, or later if the budgetary process is not complete, which shall extend Mr.Rodgers' donation deadline for 2023 to a period of fifteen(15) days subsequent to the budget being approved. If the amount to be paid to the Trail and Service Leader Position in 2023 is Forty-Nine Thousand Dollars and 00/100 ($49,000.00),Mr. Rodgers will make an additional donation to be used Page 2 of 4 for the Trail and Service Leader Position's salary in 2023, on or before June 1, 2022, or later as described above, in the sum of Forty-Five Thousand Dollars and 00/100 ($45,000.00). 8. In the event that the total salary and benefits paid to the Trail and Service Leader Position in either 2022 or 2023 exceed Mr. Rodgers' donations in either year, Mr. Rodgers shall have no obligation to fund any overage through an additional donation. 9. The City agrees to maintain the Trail and Service Leader Position through at least December 31, 2023; however, in the event that the employee serving in the Position resigns, is terminated, or is placed on suspension, with or without pay, and the City functions without someone serving in this role for a period of thirty(30) continuous days,the City shall engage in good faith communication with Mr. Rodgers in an attempt to reach alternative agreements,which may be memorialized through an addendum to this Agreement in the same formalities as are set forth herein. In the event that any of the above separations from employment occurs for a period of thirty(30)continuous days,and Mr.Rodgers desires to no longer fund the position,the City shall remit back to Mr. Rodgers any monies donated by Mr. Rodgers under this Agreement which have not already been utilized for the salary and benefits of the Position, and neither party shall have any further obligation hereunder. 10. In the event that the Trail and Service Leader Position takes leave under the Family Medical Leave Act, or other permitted leave under City, State, or Federal regulations,the City will attempt to backfill the position on a short-term basis. In the event that the City is unable to do so for a period of thirty (30) continuous days,the provisions of Paragraph Nine(9) shall apply. 11. The Trail and Service Leader Position shall be an employee of the City; and as such, the City shall have complete discretion in managing the teems of the Position's employment. Mr. Rodger's donation as described herein does not create any authoritative rights in Mr.Rodgers as they pertain to the governance of the Position. 12. The terms of this Agreement shall be confidential between the Parties and not disclosed to any third parties without the express written consent of all Parties except as necessary for internal administrative or insurance reporting purposes, as necessary to obtain court approval,pursuant to the Indiana Access to Public Records Act ("APRA"), if requested pursuant to a public records request, as necessary for accounting and local, state and federal tax purposes and/or as otherwise ordered by a court of competent jurisdiction. 13. If any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions contained therein shall not in any way be affected or impaired thereby. Page 3 of 4 14. The City does not make any representations regarding the tax benefits or consequences associated with the donation described herein;however,the City does assert that it is a political subdivision of the State of Indiana as contemplated by Indiana law. 15. The parties shall work cooperatively regarding the manner and method in which the donation monies described herein are to be transferred to the City;however, the City shall have the ability to direct the name of the department which shall function as the payee, with it being understood that said payee shall be the Richmond,Indiana Department of Parks and Recreation. 16. The City of Richmond shall have the ability to deposit the donation monies into any account that it deems to be appropriate, legal, and permissible under any applicable statutory authority or regulations promulgated by the Indiana State Board of Accounts;however,it is reiterated that said monies shall be allocated • solely for the purpose of funding the salary and benefits of the Trail and Service Leader Position in a manner that is consistent with the terms and conditions herein. The City of Richmond,Indiana Mr. David Rodgers by and Through its Department of Parks and Recreation Atilt" enise Retz,Parks Superintendent David Rodgers Dated: I I, LI a 2O2J Dated: 11 (93 APPRO I• /- _ _ avid M. S ,Ma • Dated: .r Z Page 4 of 4