HomeMy WebLinkAbout1998-11-09 99-5 ORDERCOUNCIL ACTION
Item No 99-5
Dam: I1-9-98
Item/Subject: Order, Authorizing and Amendment to the Employment Agreement Between the
City of Bangor and Bob Ziegelaar
Responsible Department: City Maeaga
Commeumry: The L>tyhded Bob Ziegalau anpermavmt Airport Dhecmrw August of 1993. At that time,m
employmentagwas signedwhichsetHob'ssalaryetSap Nine oftheappropriam employeepay rungs.
Bob quickly moveiositoda Step 11, the top eshuy feithe position. The remaining rums and covditima oftha original
emPloymem apreemmt have not changed since it was ongimBy vgnedW.
At thu timglwouldl8xa recommmdammbero£chmgesatbie agtcement. Tbeeeare:
1. An increase is vacation accrual from three to ibu weeks per year,
2. Au increase m the car allowance which is provided from$300 to$360 per mouth;
3. An increase in the City's contribution to Bob's deferred compemation Plan from $7,500 to$8,000 Per year,
and
4. An increase to the Prorninm@e City provides for life amance from $375 1* $525 No your.
Nhile Bob bas been associateswith the Airport for many years, he has been an *.m=1 mol -time employee her only
the last g years. As a result, he currently accrues only 3 weeks of vacation pa year. QVaa the amomt Oftmvelmg
which Bob is required to do in his poshim, m edditi ood week ofvacatim per yam se®e reasonable and
appropriate. The increase in deferred co npemation will simply recognize a recent charge to federal law which hon
increased the round harit to$8,M. qbe odour changes are reflective ofwcr dcaets since 1993.
Bob has dote m excellent job as our Airport Director, and I would urge you approval of these Changes b his
employment agremvmt. These Muages have man reviewed and eudoreed by the Airport Committee.
Depm4met Heed
Manager's Comments:
city Manager
Associated Information: Order, Original EtnploymeM Agreement
BudgetApproval:
Finance D melor
Legal APpros'al:
moi) Ci olicitor
170aced for
1 WSW
First Reading Page—of-
-
Referral
99-5
Aedpied to Couneltm Robson November 9. 1998
CITY OF BANGOR
(TITLE.) (Orber, Authortzing and Amendment to the EmPloyment Agreement Between
the City of Bangor and Bob Ziegelaar
BY Bm atv Comm of W cBg WBaapor:
ORDERED,
THAT the City Manager is hereby amhorized re execute an amended employment
agreement with Bob W. Ziegelaar incorporating the following changes to the existing agreement
1. Employee shall have credited to his personal accoonttwenty(20) days peryear of vacation leave.
2. Employa agrees to pay into an appropmaw deferred compensation or retirement program acceptable to
Employer and Employee the sum of Eight Thousand ($8,000) dollars per year.
3. Empluyaagnes to provide Employee$525 dollarspa yeartoward atena life msmencepolicy.
d. Employer shall pay Employee annually vehicle allowance of $360 per month in lieu of 'ranter
vehicle provided by the City.
These changes shall be effective as of July 1, 1996.
IN CITY COUNCIL
November 9, 1998
Passed ;t 99-5
O R D E R
CIg'Y C fT� Title, Authorizing and Amendment to the
�i Employment Agreement Between the City
of Bangor and Bob Zieglaat
......................................
...................................
-Fy� 0-�&Wv
Amig edto
. o a�.��
99-5
CBAST rx1
'IIIIB Agraent, verb and entered into this Ifday of P R; L 1991, by
and barren the CPM O BAEIIAt (Batlntrt Cuunty), State of Mare, a Bond 1pil
corporation, hereinafter aemeT.iaaa refernd to as "Employer-, and Bob W.
Ziegelaar of Bangor, Mute, hereinafter semetimes referred to as "Hploy2 ".
W1TEffiS l
FdffiiF+15, the City of Bangor desires to employ the sezvicas of said Bob W.
Ziegalaae as Airport Director of Bangor international ALrp rt; and
EAB:SFAS, the parties have reached Agreement as to the benefits, conditions
of employment, and working conditions Of said Ehploy e;
E , �r 10 Con9ir' Cation of the normal covenants herein contairai,
the parties af¢FB as follows:
section 1. Duties
9nplayer herby agrees to employ p W. Zlegelaar to perform the functions
and dutleS of Airport Director of the City of Bangor and to pxrform such other
,Woes and funetlae aS the City Manager shall fron time to time assign.
Section 2 1Em
A. Employee agrees to remain in the arrluslve employ of 8aployer until
June 30, 1993, and relthar to ado pt employment rcs to Ree employed by any
Oth� oyer, including self-mplopent, as lay as this Agreement shall be
B. Ernhig in this Agreement shall proem, limit, or otlerwlae interfere
with the right of the ymployre to resign at mry time fmn his position with
Employerr upon thirty (30) days notice to fnployerr mmbject oNy to the
provision set forth fn Section 3 of this Agreament.
C. nothing N this Agreement shall pr nt, limit, or otherwise interfere
with the right of the City Managac to tenoinate the services of the Employee at
any time, upon n5nsty (90) days notice to Boployee, subject ouy, to the
pmvisirre set forth In Section 3 of this Agreement.
D. A the anent Written notice is not given by either party to this
AWeeeaOt to the other thirty (30) days prior to June 30, 1993r this Agreement
shall be extadal an the sane tame and coditione por, dM for an a ricn i
tape of ore (1) year angi ing on Jure 30, 1994.
During The origynol tarn of this hyeamet, Employes may be revwerl or
suspended only for cause. in the ement Inployee is terminated by the City
manager at the expiration of the aforesaid term of employment, or durbg MW 5
extension tbarmf I ad during such time that Employee he willing and able to
perform his d:ties vier clue PgcaamaR, the in that sweat Employer ageas to
pay Eaplo}ee a lump sus cash payment equal to two (2) maths' aggregate
of ary not involving lLs gaintennW bied b �f h�
have no cbligntim to pry the aggregate severance sun designated in this
paragraph.
Sectirh 4. Sadaxv.
A. Employer agrees to pay Employee fret lie eervicvs radeard przssuaht
h sato an amain base salary of Fifty-nine tlnusard, five hwdved slxcy-nine
dollars ($59,559), Step 91 P.xecutive Pay Range 2 of the City's Pay Plan,
payable do installments at the sans time as other eiployeas of the Employer are
Paid•
B. Ruployer agrees ro inureenG said base salary to Step 11, Emecutive Pay
Range 2, effective with the first full pay period commencing on or after
Employee's six awCb employment anniversary.
C. Employer agrees to handle future salary increases beyond these outlired
m B above m accoxdarcs with the provfsima applicable to employees in the
Eirecutive Pay Ranges vier the City's Caipensation Plan.
D. Eg110yer agneas to mdarYaie a review of the current salary range
estsbliahed for the position of Airport fuxector. m,;a review will include tha
Collection ad analysis of salaries pati to the Chief Airport Executive of
other national and regional aizporGs cmparebla to Bangor ERexruatlral.
Comparable auyorts will be these which hava: Similar enplaraiade to BSA,
similar bass federal Airport Snptoweoent Fading ort an acetal basis, and/or
similar reverme ad expenditure budgets. The results of this s o ey will be
tempered by mnnldexstirn of appropriate regional laMr market ad met of
live considerations. s. yhis review shell be caplened within one year. Final
action regarding any adjustment to the mens salary range wfll be at the
discretion of the City Council. Should the range be adjusted, any future
increases hn salary to additional steps which nay be created within the rage
shall this
Agreement.
Section 5. Performance a aluatiah.
A. On an annual basis, the City Manager ad, Employee shall define a ch
goals ami perfon objectives witch tey deem necessary for the proper
operation of Bangor Tntemational Airport ad shall reduce said goals ad
objectives to writing. They shall genarally be attachable with the time
limitations specified ad the annual operating avi capital ludgets and
appropriation Provided.
B. 19a City tanager shall review ad evaluate the performance of the
Employee annually on or about the Employee's anniversary date of esployment
with the City. Mare fayu'.nt reviews may be held at the d;acrenuza of the City
Dweger. Said review ad evaluation shall be in accordance with the goals ad
performance object£ws jobttly daveloped by the City Manager ad Employes ad
99-5
• tto normal atarderde used to evaluate the Performance of oiler City employees
uhich are applirable to EVloyes's position.
C. In effectug the provisions Of Lala Section, the City Manager and
aVInyes normally agree to abide by the provislo S of amn ham» lay.
D. HigloyW agaos and n.wrstands that the Leman of his emplaynont as
Airport Dilator shall be subject to the City's lera0nnel tiles and aagO ariaaa
as they currently exist and as trey may be nmdiffad fram time to fire eempt
where provisions of this Agreement nOdlfy or auperr ' the Personal talea ad
Regulations.
Section 6. Outside Activities
EhVlayee shall not participate in any ton-aVlcyer coneeted business or
eg¢lcynont wi.ttmK tax print approval of the City manager,
Section 7. Vacation ad Sick ]erre.
On the cane Cis+ ant of this Agent, employee Shall be itedited with five
(5) days of Vacation leays and ten (10) days of sick leave. 0*reafterr
anQlc w shall lave credited to his personal account, vacation ]erre at the
rate of fifteen (15) days Per year and sick lemma at the sae rate as other
ORp10yv s of ftployer. Vacation leave may be taken by the Bvployse at any time
as log as his abserca d7a rot unreaamaDly imer£ete with tie operations of
the City and the Airport Sod such leave is approved in adverce by the City
Manager.
Section 8. EtinQe ]3acfita
Employer agreeS to provide Employee with all categories of fringe benefits
not Otletwlse specified in this Agreement in the sere a uat5 and coveFe as
are pro JAOJ fxvm tine to tine by Employer to other mployses of rhe City.
Section 9. eetir�ent
In aklition to the salary to be paid by &Wloysr to Employee, nVicyar
�
_to pay iinto ia an appmpriare deferred cv�ereatlon 0r ratinat r program
]Lployer and Employes the Sam of Seven-thanead five tmffilrnid
($7,500) per year. Payments shall he sale on a SoartIy 0r weekly teals. ]lis
y torment stall be in lift of anployee not Joining the Mafre State Eetvament
System.
Section 10. Life Insurance
Polity layer argtxm to pay tie rega.ired In�ir� on a term life insaram
HPIOyea £Or the auwmt of SevaSy-five ttnueand dollars ($75,000).
This I mF&SA: may he nada on a Separate policy or to appropriately proporrimed
On a larger policy whore tie remaining mats are paid by tie £mployex•
Sagtion 11 AmIxr.bile
In adiition to the basic salary, Employer Shall pry Elployes a mo Mthly
vehicle allowance of Three h aired ($300) d011ars in lien of a actor w 19
furnished by the City. EmplOyea Shall he responsible for paying for liability,
(� c..+ion 12 .m Ado+ Professional
A. Employer agrees to bidget and W pay for the paofesaional dues and
sutacriptiona of the Ehployee necessary for his full • x;^ipation in the
Axericm Association of Airport fx jgnas (PARE) on both a national eM
regional level.
B. Eaployex why agras to boaget for aM W pay the travel ani
subsistence expeoleaS of Epployea for professional ani official traral,
meetings, and occasima odre ate to continue the professional dewlap mrt of
Employes ani to adequately pursue treceasary official ata other fvrxvma for
Epple , including Wt nrt limiter to the enwal ora mgional cmhfererces of
the A 2 and such otter internatimal, national, regional., state and local
aha c
airport relateri groups ttaes r ereof which the s carves as a
marker. The extent of such travel ata subsistence expenses shall be establiclad
annually as a part of the approved mxpmt Wdget. aenberehips avl arrivfries
beyond those aaasfatai with A nmst be apmao'mi by the City Hanger in
advance.
C. BaPloree ogress to expeditiously Pneue A oestlfiostion, tine ooste
aM expanses of Which will be born try rya Emplcyar.
Section 13. Aimark, Inc,
Fnployer understands and ack wlcdges that am>loyes's prior esplo}maht has
bean as President of Aimark, Inc., a Maitre cvrinrarion truing a place of
bUSinass at eanyr Internatioral Airport (BIA). Tia parties actou 1edge that
as of the data of this Agrement all stock of Aimark, Inc. is weed by
WICYOO Or his spouse. Tta parties firtner acknrvla'ge that c,, anrly or in
the imrediate past, the City and Aixnelt have been parties to contractus
agre®ants for marketing services anal the sale of fuel at sm by Afmark, Lo.
The paxriee achuxxvledge that Aimerk has had adlitiosal contractual
aaanga�enis with saugor Airport CiviC Oareloprent Corporation, a/k/a/ fareor,
a corporation affiliates with the City of Bangor, for the cpasation of a
Foreign Trade Zona at BIA.
Prior to April 1, 1991, frmloyee shall take all ,,,esery action to
accomplish the follmning: (1) sspololca stall resign frvn by position as
PraSid9Ot of Aimark, Inc. (2) All existing Contracts between the City of
Bangor ard Aimark, Irc. shall be tevatrahed. (3) All existing oonuacts
between Aimark, Irc. aM any thud parties, including B.an eir, shall be
terminated or shall be assigned without additioml cuipersatimn, at the City's
sole discration, by Aimerk to Lha City of Bangor. (9) Employee and his
spore shall tenainate any airport_mlated activities, including Wt not
limitai to the sale of airline ticixta, caxw services, maaatnq services and
sales of fuel at BIA or at amt other airport. (5) Employes shall provide the
City's FieanOa Director with a statment of all outstanding receivables of
Anroark, Inc., Which shall include the nave aW anuress of Lias debtor, the
ancu nt of the charges, and a brief description of the item for Wytch payvent is
owed.
99-5
Ooployes and his spmse shall be permitted to retain their stm_k to
Ainmrk, Inc. After April 1, 1991, Eglloym and his sprees shall be prohibited
frau participating g in any activity or taaftture which is directly related to tie
operation of Bogor International Airport. It is acMudedgsd that 9aplcyffi'a
sEnase, eider individually or tbrough Airmark, Ito., may to imolvai in
general tou den business related activities which nay or may not involve air
transportation in general. Sh any such activity imalve the use of Bangor
International Airport or any of its customer airlines, Hploy a most notify tFe
City Manager in advance. the City Meager shall have mie discretion in
detarninn ; whetiar or not such activity constitutes; a conflict of interest.
Ebplo shall take all necessary action to insure that bis spouse and Aioerk,
Inc. amply with this *eq'remnt.
On or before April 1 of each year while this Agreenant is in effect,
mglo shall arrange for Almark to file a written repot m the City Manager
Of its activities and eMfties with which it bas done business during tic
previously 12 aomhs.
As a condition of this Agreement, nVloyee agrees to ixkamnify and hold the
City harmless aga met all liabilities as nay accrue to tte City, 1n, officers
and empioyxea, as a result of Aimank, ins.'s activities at the Airport prior
tO April l, 1991. dte City also agrees to go= no Aimasc epioyeas tte seas
rights joyed by City employees for appointaent to vacancies as may mvist at
the Airport for a period ending Cctober 1, 1994.
ire 14 ENtum irnoIvsvest at Bassor, International
Employee agrees not to engage in any private, foo-posfit arrivities at BIA
for a period of two (2) years follceinc the date of termination of his
mployment with rho City wityaat the express wnitten consent of the City which
Shall not to unreasonably withheld.
section 15 Indeswification.
Employe shall defend, save �ess and iniamnify ftpL a against any
tort, professional liability claim or da eM or other legal setion wietMr
groundless or otMnuise, arising ort of an alleged act or anission onra rlrg in
the psfomance of fhployee's duties as Airport Director. 0uploye will
cmfmadse and settle any such claim or suit and pay the amount of any
settlement or judgment tendered tlexeon.
Mien 16. Bo dtm,
P p'ol'e shall tear the full Cost of my fidelity or other bonds requited
of the Employee oder any law or Ordinance.
SeZtim 170thaar Ronne a d Conditions of E1mn_oasast
Ate City Manager, fn cosultatfon with On Fmplayee, aball fix any such
otter terns and cvMitima of eruiolmsnt, as it may Oetemdma from tins to
tine, minting to the perforrtmra of tte Employee, pm✓idsd such terms and
conditions are, rot inconsistent with or fn conflict with the pxoviafoe of this
Agreement, the Charter or any other law. apicyee shell maintain his p d,,lpal
residosre within the mrporata knits of the City of Bogor at all tines while
this Rgreemmnt is in effect.
' Sectim 18. Not'cre.
Nai1[pe pursuant to this Agate shall be given by de it in tte custody of
the mited � FmW Service, lostags ptepadd, eduxeasod m follows:
(1) EgAoyw: City of BON=
]3 Ma S t
Bang , Maine 04401
Attn: City Mahl9PS
(2) Mgalayee: Bcb W. Elegelaar
803 PPidnsksag Averse
Bang=, Movie 04401
Alternatively, entices xa7uixed pumant to this MyeEsent may be personally
sery H in ile sore sa:va as is pmsgibe3 for p coal service of ptoress unis
ile Nate Idilea of Clvii shall he dearer given as of the date
Of personal service or ss of the date of deposit of such vaittoo roots in the
course of tzar miission in the LhL a States Postal Service.
��l�t-ST- St^SStiPTf1
A. Tba t hQOin shall C UrOte the Mti,e Agieamat betXFL41 iiia pYt .
B. This Asgeeoardt stall W binding uFon ami inns to the benefit of tla Yens
at law ami esantaxs of Employee.
C. T Agreenent stall becrne effective camencing April 11 1991.
D. If any provision, or any portion ihEtmf, cw� io this Agro o is
held uncowtitutional, invalid or urenfosceable, the rem== s of this Ago a t,
or portion hereof, shall be � severable, shall rat to affectaf ard shall
reds&: in full force ani effect.
IN Wl9NB8B WiEAfbp, the City of Bampr tors causal this Agra to De sig.ad
Mood emsv fn its betalf by its Conrail Chapman, amp duly attested try its City
Clerk, and tta bbployee tors sigd and emxv this Ai¢�, both in duplicate,
tie day add year first atvve written.
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