HomeMy Public PortalAbout120-2005 Tyler _Employee AgreemenRICHMOND SANITARY DISTRICT
EMPLOYMENT AGREEMENT FOR DISTRICT DIRECTOR
This Agreement is entered into this 23rd day of August, 2005, by and
between the City of Richmond, a municipal corporation in the County of Wayne, State of
Indiana, acting through its Department of Public Sanitation as authorized by the Board of
Sanitary Commissioners for the Richmond Sanitary District, hereinafter referred to as
"Employer", and Robert W. Tyler, P.E., L. S., hereinafter referred to as "Employee".
WITNES SETH:
WHEREAS, Employer is in need of the services of a person possessing executive
ability and professional knowledge required to manage Employer's Department of Public
Sanitation and to serve as Director of the Richmond Sanitary District; and
WHEREAS, Employee, as a result of his education and experience, possesses the
requisite executive ability and knowledge to perform such duties; and
WHEREAS, Employer therefore desires to engage the services of Employee as
District Director for the Richmond Sanitary District and Department Head of the City's
Department of Public Sanitation, who will report directly to the Board of Sanitary
Commissioners, (hereinafter referred to as the "Board") in conjunction with the Mayor of
the City of Richmond, pursuant to the authority vested in Employer by I.C. 36-9-25-10
and pursuant to I.C. 36-4-9-2.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, including the above stated recitals, Employer and Employee agree as follows:
1. Term. Employer hereby employs Employee as District Director of the
Richmond Sanitary District and Department Head for the City of Richmond's Department
of Public Sanitation and Employee hereby accepts such employment pursuant to the terms
of this Agreement. The term of employment shall be for a period of three (3) years
commencing September 23, 2005, and continuing through September 22, 2008.
Contract No. 120-2005
1
2. Duties. Employee hereby agrees to devote his best efforts and his full time to
the service of Employer as Director of the Richmond Sanitary District and Department
Head for the Employer's Department of Public Sanitation. Specifically, the duties of
Employee shall include overseeing the following facilities and/or services of Employer, to -
wit: Wastewater treatment Plant, Sanitary Sewer System, Solid Waste Collection, Solid
Waste Landfill, Stormwater Sewer System, and Recycling Program, as more specifically
set forth within the Job Description incorporated by reference herein and attached hereto
as Exhibit A, plus any and all other activities reasonably required by the Board and/or
Mayor consistent with the duties of District Director.
3. Place of Employment. The duties required of Employee hereunder shall be
rendered at the offices of employer at 2380 Liberty Avenue, Richmond, Indiana 47374,
and such other place or places as Employer shall reasonably require. In consideration for
the employment granted herein, Employee agrees to continue to reside within the area
serviced by the Richmond Sanitary District during the term of this Agreement or any
renewal thereof.
4. Compensation. Employer shall pay to Employee the salary of $67,954.25 per
year, payable biweekly while this Agreement shall be in force. This annual salary provided
herein shall be reviewed at the end of each year of this Agreement and may be increased in
an amount mutually agreed upon by the parties. All such increases shall be based upon the
anniversary dates of this Agreement and shall not necessarily be affected by Employer's
budget years.
4.1. Benefits. In addition to the base salary contained herein, Employee shall be
entitled to the same fringe benefits and policies as provided all other employees of the
Richmond Sanitary District, including group medical insurance, pension participation
(upon fulfillment of any eligibility requirement), vacation, and sick days.
5. Facilities, Supplies, and Assistance. Employer shall furnish Employee with
office facilities within the aforementioned premises of the Richmond Sanitary District
suitable for Employee's performance of his duties as District Director. Employer shall
also provide, at Employer's expense, all assistance, and supplies, equipment, training, and
material as may be reasonably required in the performance of such duties. Employer shall
also provide a vehicle for Employee's use during the term of this Agreement pursuant to
normal Employer's policies regarding vehicles.
6. Termination. Notwithstanding the three year term of this Agreement,
Employer shall have the ability to terminate the Agreement and remove Employee at any
time for cause, after notice and hearing. Such removal for cause shall include, but not be
limited to, the criminal violation of any felony; the physical inability of Employee to
perform the services required herein; the performance of any activity by Employee which
will prevent him from properly discharging his duties or will be detrimental to Employer;
or if Employee breaches the terms of this Agreement. If a termination of this Agreement
2
is exercised by Employer for cause, Employer shall be relieved of all obligations herein,
except for any payment or benefits due for the period of time prior to termination.
7. Governing Law. This Agreement and the employment of Employee hereunder
shall be controlled and construed pursuant to Indiana law, including, but not limited to, all
applicable provisions of IC 36-9-25-1 et. seq. and any other applicable statutes. Any
provisions of these statutes which are in conflict with this Agreement shall apply in lieu of
any such conflicting provisions.
8. Modification. No modification or waiver of this Agreement or any covenant,
condition, or provision herein contained shall be valid unless in writing and duly executed
by the parties hereto.
9. Miscellaneous. This Agreement is personal to the parties hereto and neither
party may assign or delegate any of its rights or obligations hereunder without the prior
written consent of the other party. No amendments or additions to this Agreement shall
be binding unless in writing and signed by both parties.
10. Notice. In the event notice is required to be given by any party hereto to the
other party, said notice shall be given in writing to the other party at the following
addresses; or at such other addresses as provided by the party in writing.
Employer
President, Richmond Board
of Sanitary Commissioners
2380 Liberty Avenue
Richmond, Indiana 47374
Copy to: Richmond City Attorney
50 North 5th Street
Richmond, In 47374
Employee
Robert W. Tyler
2545 S.W. M. Street
Richmond, Indiana 47374
IN WITNESS WHEREOF, the parties have executed this agreement at Richmond,
Indiana as of the day and year first above written, although signatures may be affixed on a
subsequent date.
"EMPLOYER"
CITY OF RICHMOND, INDIANA, by
and through its Board of Sanitary
Commissioners
S/S Rodney A. Phenis
Rodney A. Phenis, President
S/S Richard W. Bodiker
Richard W. Bodiker, Vice -President
S/S Terrance J. Dull
Terrance J. Dull, P.E., Member
"EMPLOYEE"
S/S Robert W. Tyler
Robert W. Tyler
0