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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 Page 1 of 5 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; Page 2 of 5 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 Page 3 of 5 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.] Page 4 of 5 • 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 Page 5 of 5