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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