HomeMy Public PortalAbout061-2023 - Jamey Miller - special IT position MEMORANDUM OF UNDERSTANDING AND AGREEMENT FOR DEPUTY CHIEF
OF PUBLIC SAFETY INFORMATION TECHNOLOGY SERVICES
This Agreement is entered into this ' day of
42 , 2023, by and between the
City of Richmond, Indiana, through its Board of Pub ic Works & Safety (hereafter "City") and
Jamey A. Miller (hereafter "Miller") who is currently a member of the Richmond Fire
Department, with acknowledgment from the Richmond Police Chief and the Richmond Fire
Chief as Department Heads of their respective departments.
WITNESSETH:
WI-IE.REAS, It has been determined that the position of Deputy Chief of Public Safety
Information Technology for the City of Richmond, Indiana, should be established;
WHEREAS, It has further been determined that such position should report to, and be
supervised by, the Chief of the Richmond Fire Department of the City of
Richmond, but, due to the specific nature of the work to be performed by the
incumbent of such position, which will directly benefit the Richmond Fire
Department and Richmond Police Department, should be partially funded from
the budget of the Richmond Police Department; and
WHEREAS, The parties herein and the Richmond Police Department and the Richmond Fire
Department believe that Miller can provide the necessary services to the
Richmond Fire Department and Richmond Police Department as requested and
authorized by both the Richmond Police Chief and the Richmond Fire Chief; and
WHEREAS, The City and Miller desire to set forth in writing the terms of this agreement
through this Memorandum of Understanding and Agreement regarding the hiring,
supervision, and funding of a Deputy Chief of Public Safety Information
Technology Services position with the parties herein with the acknowledgment of
the Richmond Police Chief and the Richmond Fire Chief.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, including
the above stated recitals, the parties and departments agree and acknowledge as follows:
1. DEPUTY CHIEF OF PUBLIC SAFETY INFORMATION TECHNOLOGY
SERVICES POSITION. There is a need for a Deputy Chief of Public Safety
Information Technology (hereinafter "Deputy Chief") for the Richmond Fire
Department ("RFD") and the Richmond Police Department ("RPD") as well as
for the City of Richmond.
Contract No. 61-2023
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The Deputy Chief will be an employee of the City of Richmond. The Deputy
Chief will remain a bargaining member of the RFD as construed and outlined in
Article 3 of the Collective Bargaining Agreement and it is agreed by the Parties
and acknowledging Chiefs herein that Miller in his capacity as the Deputy Chief
will be excluded from any current Collective Bargaining Agreement except for
purposes of Article 28 (B) and Article 30 of the same.
2. SALARY FOR 2023. Instead of the regular salary typically payable to a
firefighter's position, instead the salary for the Deputy Chief employed pursuant
to this Agreement shall not exceed the total amount of$60,000.00 (plus longevity,
education, and any overtime the position acquires with the drone team, emergency
callback for major incidents, or associated technological duties) during the term of
this Agreement with benefits as follows:
Social Security N/A.
Medicare 1.45% of the total earnings.
P ERF $481.56 per pay.
Health insurance $17,581.00 for 2023 plan year.
The above shall be paid entirely from the budget of the Richmond Fire
Department.
3. SUPERVISION. Miller, as the designated Deputy Chief shall be supervised by
the Richmond Fire Chief when performing his duties although the Richmond
Police Chief, or his designated agent, shall also be deemed a co-supervisor in
connection with employment services performed by Miller during the course of
an official investigation in which Miller's employment services are directly
utilized by RPD.
4. TERM OF AGREEMENT. This Agreement shall be effective for the 2023
calendar year after it is completely executed by the Parties and the acknowledging
Chiefs and shall continue on a yearly basis provided the budget of the RFD can
support said position. Notwithstanding the 2023 term and any future yearly
terms, either party may terminate, for any reason, this Agreement with fourteen
(14) days prior written notice of the date of the Agreement's termination.
Notwithstanding the term of this Agreement, City may terminate this Agreement
in whole or in part, for cause, at any time by giving at least five (5) working days
written notice specifying the effective date and the reasons for termination which
shall include but not be limited to the following:
a. failure, for any reason of Miller to fulfill in a timely manner his obligations
under this Agreement;
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b. submission of a report, other work product, or advice, whether oral or written,
by Miller to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for
all work performed in the Deputy Chiefs capacity prior to the date this
Agreement is terminated, but shall he relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or Miller, in whole or
in part, by mutual Agreement setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the portion to be terminated.
Termination of this Agreement shall not interfere with the statutory rights of
Miller he possesses as a current member of the RFD in the event Miller's
employment status reverts back to a non-Deputy Chief position nor interfere with
the subsequent rights which may be reinstated under the Collective Bargaining
Agreement upon Miller's return to the RFD as a non-Deputy Chief member of the
RFD.
5. PROHIBITION AGAINST DISCRIMINATION. Pursuant to Indiana Code
22-9-1-10, Miller or any person acting on behalf of Miller shall not discriminate
against any employee or applicant for employment to be employed in the
performance of this Agreement, with respect to hire, tenure, terms, conditions or
privileges of employment or any matter directly or indirectly related to
employment, because of race, religion, color, sex, disability, national origin, or
ancestry.
6. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS. Pursuant to Indiana Code 22-5-1.7, Miller is required to
enroll in and verify the work eligibility status of all newly hired employees of the
contractor through the Indiana E-Verify program (if applicable). Miller is not
required to verify the work eligibility status of all newly hired employees of the
contractor through the Indiana E-Verify program if the Indiana E-Verify program
no longer exists. Prior to the performance of this Agreement, Miller shall provide
to the City his signed Affidavit affirming that Miller is not an unauthorized alien
and/or does not knowingly employ an unauthorized alien in accordance with IC
22-5-1.7-11 (a) (2). In the event Miller violates IC 22-5-1.7 Miller shall be
required to remedy the violation not later than thirty (30) days after the City
notifies Miller of the violation. If Miller fails to remedy the violation within the
thirty (30) day period provided above, the City shall consider the Miller to be in
breach of this Agreement and this Agreement will be terminated. If the City
determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect
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until the City procures a new contractor. If this Agreement is teiniinated under
this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable
to the City for actual damages.
7. IRAN INVESTMENT. Pursuant to Indiana Code (IC) 5-22-16.5, Miller certifies
that he is not engaged in investment activities in Iran. In the event City
determines during the course of this Agreement that this certification is no longer
valid, City shall notify Miller in writing of said determination and shall give
contractor ninety (90) days within which to respond to the written notice. In the
event Miller fails to demonstrate to the City that Miller has ceased investment
activities in Iran within ninety (90) days after the written notice is given to Miller,
the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In
the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Miller in
the manner set forth in IC 5-22-16.5, the City reserves the right to consider Miller
to be in breach of this Agreement and terminate the agreement upon the
expiration of the ninety (90) day period set forth above.
8. MISCELLANEOUS. This Agreement shall be construed according to the laws
of the State of Indiana.
9. AMENDMENTS. No amendment or modification to this Agreement shall be
made except in writing and signed by both parties.
[Signature Page to Follow.]
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•
10. AUTHORIZATION. The individuals signing below represent that they have full
authorization to execute this document.
In Witness Whereof, the parties execute this agreement as of the date first set forth above.
"CITY" "MILLER"
City of Richmond, Indiana, through 3971 North Round Barn Road
its Board of Public Works & Safety Richmond, Indiana 47374
By L./ By
Vicki Robinson, President fler
Emily Palmer, Member Date
Matt Evans, Member
1/-6--
Date
Approved by the Mayor this j day
of ik_tpit., , 2023.
David M. Snow, Mayor
Approved by the Fire Chief this_ 11 day Approved by the Police Chief this 11 day
of_ , 2023. of 2023.
Am.
- -
Tim Brown, Fire Chief Mike Britt, Police Chief
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