Employee Reimbursement Agreement EMPLOYMENT REIMBURSEMENT AGREEMENT
This Employment Reimbursement Agreement ("Agreement") is entered into this 8th day
of May, 2017, by and between the City of Salina, Kansas ("City"), and The First Tee. Saline
County, Kansas, Inc., a Kansas not for profit corporation ("Chapter").
Recitals
A. The Chapter, pursuant to the terms and conditions of its agreements with World
Golf Federation, Inc., a Florida not for profit corporation, by and through its division, The First
Tee, is a member of The First Tee National Association whose purpose is to create facilities and
programs to make golf more accessible to people of all diversities and social strata, particularly
youth, who otherwise may not have an opportunity to learn and play the game of golf.
B. The City and the Chapter entered into an Agreement dated July 10, 2000
("Agreement"), setting forth the terms and conditions relating to the development, construction,
operation, and maintenance of a six-hole golf course, together with related facilities, including a
practice green, driving range and clubhouse/teaching center at 2500 E. Crawford, Salina, Kansas
("Facility"), which is operated as part of The First Tee's national program.
C. Pursuant to the parties' Agreement dated July 10, 2000, the parties agreed to,
among other things, provide priority access to junior golfers at the Facility, and to adopt and
implement The First Tee program curriculum at the Facility.
D. The Chapter has requested that the City hire a director for the overall management
of the operations at the Facility ("Director"), and the City has agreed to solicit and hire a
Director, subject to the terms and conditions of this Agreement.
The parties, in consideration of the mutual promises set forth in this Agreement, agree
and covenant:
1. Employment of Director. The City agrees to hire and employ a Director for the
overall management of the operations at the Facility, together with any other legally permissible
and proper duties and functions as the City may assign. The Director shall be an employee of the
City. From time to time, and upon the request of either party, the City and the Chapter shall
meet and confer regarding the Director position, the Director's responsibilities, and the overall
management of the operations at the Facility, including an annual evaluation with the Director's
supervisor. As an employee of the City, the Director shall be subject to all rules, regulations, and
personnel policies of the City, and the Chapter shall neither have nor exercise any control or
direction over the methods by which Director performs the responsibilities of employment. The
parties acknowledge and agree that, as an employee of the City, the Director shall be afforded all
of the rights and protections afforded public employees pursuant to the Kansas Tort Claims Act,
K.S.A. 65-6101, et seq.
2. Reimbursement of City.
2.1. Reimbursement Oblisation. During the term of this Agreement, and for so
long as the Director is an employee of the City, the Chapter agrees to reimburse the City for the
Director's gross compensation paid by the City, together with all other direct costs attributable to
the Director's employment, including but not limited to salary, training costs and expenses,
employment-based benefits including health insurance, KPERS, taxes, deferred compensation
plans, and workers' compensation and social security obligations (collectively, the
"Compensation").
2.2. Invoicing. The City shall invoice the Chapter, on a rarterly basis,
commencing on or before July 25, 2017, and on or before the twentieth (25 ) day of each
October, January, April, and July thereafter, for all Compensation attributable to the Director's
employment during the immediately preceding calendar quarter.
2.3. Payment. The City's invoices will be due and payable within thirty (30)
days of receipt by the Chapter.
3. Director's Compensation; Modifications. The parties acknowledge and agree
that the Director's initial annual salary shall be approximately $48,000.00. The City shall be
entitled, from time to time and in its sole discretion, to modify the Compensation, or individual
components of such Compensation, consistent with the City's employment policies and practices
applicable to other City employees, as they now exist or may hereafter be amended. The City
shall make good faith, best efforts to notify the Chapter of any modifications to the Director's
Compensation, but formal approval by, or notification to, the Chapter shall not be a condition
precedent to the effectiveness of any modifications to the Director's Compensation.
4. Term. The term of this Agreement shall commence upon execution of this
Agreement by both parties, and shall remain in effect until terminated as provided herein.
5. Termination. Either party may terminate this Agreement, with or without cause,
upon thirty (30) days advance written notice to the other party. In the event of such termination,
the City shall be compensated or reimbursed for all Compensation through the effective date of
the termination, but the Chapter shall not be obligated for any Compensation attributable to the
period after the effective date of the termination.
6. Non-Assignable. Due to the unique qualifications and capabilities of the Chapter,
neither the rights nor responsibilities provided for under this Agreement shall be assignable by
either party, either in whole or in part.
7. Notices. All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier
service. Notice shall be considered given when received on the date appearing on the return receipt,
but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by
registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or address, notices to the giver of that notice shall
thereafter be given as demanded in that notice.
CITY: City Clerk
Attn: Parks and Recreation Department
P.O. Box 736
Salina, KS 67402-0736
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CHAPTER: The First Tee, Saline County, Kansas, Inc.
2500 E. Crawford
Salina, KS 67401
8. Administration of Agreement. All references in this Agreement requiring the
City's participation or approval shall mean the participation or approval of the City Manager or his
designee, unless otherwise provided herein.
9. Attorney Fees. If any suit or action is instituted by either party hereunder,
including all appeals, the prevailing party in such suit or action shall be entitled to recover
reasonable attorney fees and expenses from the non-prevailing party, in addition to any other
amounts to which it may be entitled.
10. Applicable Law; Venue. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or
interpret this Agreement, the sole and exclusive venue shall be in the Saline County, Kansas District
Court.
11. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid, or illegal.
12. Authority and Consent to Transaction. Each party represents to the other that
the person executing this Agreement has full and legal authority to bind such party to the terms
of this Agreement, and that the execution and delivery of this Agreement have been duly and
validly authorized by the governing body of each party.
13. Persons Bound. This Agreement shall extend to and bind the heirs, executors,
administrators, trustees, successors and authorized assigns of the parties hereto.
14. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, or in multiple originals, and all such counterparts or
originals shall for all purposes constitute one agreement.
15. Amendments. Neither this Agreement nor any of its terms may be changed,
modified, waived, or terminated except by an instrument in writing signed by an authorized
representative of the party against whom the enforcement of the change, waiver, or termination is
sought.
16. Waiver. No failure or delay by a party hereto to insist on the strict performance of
any term of this Agreement, or to exercise any right or remedy consequent to a breach thereof, shall
constitute a waiver of any breach or any subsequent breach of such term. No waiver of any breach
hereunder shall affect or alter the remaining terms of this Agreement, but each and every term of
this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
17. No Third-Party Beneficiaries. Solely the parties to this Agreement shall have
rights and may make claims under this Agreement. There are no intended third party beneficiaries
under this Agreement, and no third parties shall have any rights or make any claims hereunder.
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18. Headings. The headings of the sections of this Agreement are included for the
purposes of convenience only and shall not affect the interpretation of any provision hereof
19. Merger Clause. These.terms are intended by the parties as a complete, conclusive
and final expression of all the conditions of their Agreement. No other promises, statements, •
warranties, agreements or understandings, oral or written, made before or at the signing thereof,
shall be binding unless in writing and signed by all parties and attached hereto.
{Signature page follows}
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their authorized representatives.
CITY OF SALINA, THE FIRST TEE, SALINE COUNTY,
KANSAS, INC.
By:
Karl Ryan,Vice-Mayor By:I(n124,C ,( AJ—>
,1����� " ka.- Q. Coinch (name)
Attest: WttW crp Roa•rot (title)
Shan i Wicks, CMC, City Clerk
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