HomeMy WebLinkAbout1999-01-11 99-56 ORDERCOUNCM ACTION
Item No.? 56
Dean 141-"
ItemuSubject: ORDER, Authorizing the City Manager to Execute an Employment Agreement with
Frank R. Comeau to Perform the framagans and Modest of Director of Parks and Recreation
Responsible Department City Manager
Commentary: The attached orderwoudd authcriutbeexecutlonofan employmentagreemeotwith
Frank H. Comeau fmthe position ofDirutorofParks and Recrention. Frank has servedas Acting
Dhecbrsince Dale TheriauIt'sredmn m(November/Decmnba).
Frank was the only internal applicant fortheposition. Hewasimerviewedbyaselectionpanelco wwd
of myself, Bob Farm, Councilorn Famhamy Tyler and Vardamis, and arepmsentative ofthe Parks and
Recreation Advisory Committee.
Fran: is a life-long resident of this mea and came to the City from the City of Old Town where he served
as DhectorofPmks and Recreation. Hehassmedwom Recreation Supedntendentforihepastsatear
months. During his time with the City, Frank has implemented a number of new recreation programs and
brought forth a variety of new ideas and suggestions fa Ne Department.
I would recommend your approval of the attached order
Manager's Commands: 640
City ilfaaog<r
Aewaated Informatlm: Other, Contract
Budget Approve:
Finance Director
Lege Approval:
City sotich
Introduced for
x passage
_First Reading Page—of
Rehrrn
Amigned UD � Paroha January 11, 1999
_4p CITY OF BANGOR
(TIRE) (Orber, .........Anrlmrizing I Cky Manager y Execute an Employaal Agreement with
... ..... .....
Frank H. Comeau to Perform the Functions and Duties of Director of Par o and Recreation
BY EM City Council of W My of Deaver;
ORDERED,
THAT the City Manager is hereby authorized to execute the attached Employment
Agreement with FmNr H. Comeau m perforin the functions and duties ofDkeetor of Parks
and Recreation.
IN CITY COUNCIL
January 11, 1999
Motion for'Pasdege MadeandSeconded 99-56
Passed O R D E R
Title, Authorizing the City Manager to
grecuce an a loynmt Agreement with
Front a. Comeau to Perform rM Functions
dvd'bi,Eiea'6f'DiEeetdr'dE'PiiFe'E'BeE4eatipn
.......................................
AsAped to
nn
..... ...........
Councilman
99-56
TEBS Agreement, made and entered into [Itis �211� dayoflammy 1999,byand
between the CITY OF BANGOR (Penobacot County), State of Maine, amunicipal corporation,
hereinafter sometimes referred to w "Employer," and Frank H. Comeau of Old Town, State of
Maine, hereunder sometimes referred to as "Employee."
WHEREAS, the City of Bangor desires to employ the service of said Frank H. Comeau
as Director of Parks and Recreation for the City of Burger; and
WHEREAS, the parties have reached Agreement as to the benefits, conditions of
employment, and working conditions of said Employee;
NOW, THEREFORE, mconsideredion of the mutual cavernous herein concerned, the
parties agree as follows:
Employer hereby agrees to employ said Fronk H. Comeau in perform the functions and
duties of Director of Fame; and Recreation for the City of Realize: as specified under the Charter
and the Ordinances of the City of Bangor and the laws of the State of Maine, and to perform such
other duties and Reactions as the City Manager shall from time to time assign Subject to the
provisions oantffived herein, Employee shall serve at the pleasure of the City of Burger.
A. Employee agrees to remain in the exclusive employ Of Employer and January 12,
1999, and neither to accept other employment nor m become employed by any other =player
so long as this Agreement shall be in effect.
B. Nothing in this Agreement shall prevem, limit or otherwise interfere with the right of
the Employee to resign at any time from his position with Employer, upon thirty (30) days Ounce
ca Employer, subject only in the pmornions ad forth m Section 3 of this Agreement.
C. Nothing in this Agreement shall pnoem, limit, or otherwise interfere with the right of
the City Massager to terminate the services of Employee: at any true neon thirty (30) days notice
to Ernployce subject only in the provisions set font in Section 3 of this Agreement.
D. in the event written notice is trot given by either party to this Agrzanent to the other
thirty (30) days prior to January 12,1999, this Agreement shall be extended on the same terms
and conditions providing for an additional tum of one (1) year. Said Agreement shall continue
thereafter for one (1) year periods unless either party hereto gives thirty (30) days written notice
to the other party flat the party does not wish to extend this Agreement for an additional one (1)
year term
In the even Employee is command by the City Manager during or at the expiration of
the aforesaid term of employment, or during my extension thereof, and during such time that
Employee is willing and able to perform his duties under this Agreement, than in that event
Employer agrees to pay Employee a Jump sum cash payment equal to one (t) monthe aggregate
salary; provided, however, dist in the evert Employee is terminated because of his conviction of
my illegal act involving personal gain to bin, than, in that event, Employer shall have no
obligation to pay the aggregate severance sum designated in this paragraph.
A. Employer agrees in pay Employee for his services reached pmsuaN hereto an annual
base salary of Forty-eight thousand one hundred and sixty, (949,160) (Executive Pay Grade 4,
Step 3), payable in installments at the same time as other employees of the Employe are paid
B. Employer agrees to handle future salary increases in me same fashion as salary
increases me handled for other Executive Level Employees.
A. On an amoral basis, the City Manager and Employee shall define such goals and
performance objectives as they deem neeessary, for the proper operation of the Deportment of
Part and Recreation and shall reduce said goals and objectives to writing. They shall generally
be attamettle within the time limitations specified and the annual operating and capital budgets
and appropriations provided.
B. The City Manager shall review and evaluate the permiremoe of the employee
anaually an or about the Employee's am rverm y date of employment with the City. More
frequent reviews may be held at the discretion of the City Manager. Said review and evaluation
shall be in accordance with the goals and performance objectives jointly developed by the City
Manager and Employee and the owned standards used in evaluate the perfirmence of other City
employees which are applicable to Employee's position.
C. In effatiug the provisions of this Section, the City Manager and Employee mutually
agree to abide by the provisions ofappliceble Jaw.
D. Employee agrees and anderstands that the terms of his employment in Director of
Parks and Recreation shell be subject to the City's Persomel Rules and Regulations as they
currently exist and w they may he modified from time to time except where provisions of this
Agreement modify or supersede the Personnel Rules and Regulations.
Employee shall not participate in my von -Employe consorted business or employment
without the prior approval of the City Manager. Such approval shall not be unreasonably
99-56
withheld as long as the employment in question does not conflict with Employee's duties roll
responsibilities as Director of Parks and Recreation.
hbm mi L Vaeatum nd clrk Leave
Employee shall have credited to his personal account, sick leave at the same rate a other
employessofEmployer. t thecommencema ofUllsagreement,vacationshallacauem
fitteen(15)"iniperyem. Vacation leave may be takenbythe Employceffiany time so long as
his absence does rat unreesonably interfere with the operations ofthe City and such leave is
approved in advance by the City Manager.
Employer agrees to provide Employee with all categories of fringe benefits m the same
summers and coverages as are provided from time to time by Employer to other employees of the
City of Bangor except as noted elsewhere in Uds Agreement.
Employer agars to pay job-related horning expenses an the extent such training and
education is budgeted on an annual basis as approved by Employer's Governing Body.
Employee shall also be reimbursed for direct expenses associated with Employee's participation
in such job-related organizations as me approved by Employer.
In addition to the salary to be paid by Employer to Employee, Employee shall have the
option of annulling in the City's Maine State Retirement System or an alternate retirement
program composed of the ICMA-401-A program and the ICMA457 program. Should this
alternate program be selected, Employer agras to pay into the ICMA401-A program an meant
equal to 7.5% of salary and into the ICMA457 program an additional 0.5% of salary in lieu of
Employee rrotjohdng the Maine Stele Retiremrnt System.
Employer shall defend, save harmless and indemnify Employee against any tort,
professional liability claim or demand or other legal action, whether groundless or otherwise,
arising out of an alleged act or omission occurring in the performance of Employee's duties as
Director of Pais mW Recreation. Employer will compromise and settle any such claim or suit
and pay the amount of any settlement orjudgemers tendered thereon.
Employer shall bear dm fall cost of any fidelity or other bonds required of the Employee
mater any law or ordinance.
The City Manager, in consultation with the Employee, shall fix my such other terms and
conditions of employment as may be determined from time to time, relating to the performance
of Employee, provided such terms and conditions are not inconsistent with or in conflict with the
provisions of this Agreement; the Charter or any other law. Employee currently resides or Old
Town to the family's home which is also occupied by Employees mother Employee agrees that
"old he move from his prompt rmdemce, Employee will establish pemanmt reinforce within
the corporate lasts of the City of Bangor, and then would mainain residence in the City of
Bangor for the term of his employment as Director of Parks and Remention.
Notices pursued to Ods Agreement shall be given by deposit in the custody of the United
States Postal Service, Posmge prepaid, addressed as follows:
(1) Employer: City of Barger
73 Harlow Street
Bangor, ME 04401
Alm: CityManage
(2)Employee: Fmilc a Comeau
360 S. Main Street, Apt 2
Old Town, ME 04968
Alternatively, notices required puausnt re this Agrement may be personally served in
the same mumu as is prescribed for personal services of process under the Maine Rules of Civil
procedure. Notice shall he deemed given as of the date of permit service or a of the date of
deposit of such written notice in the course of transmission in the United States Prised Service.
A. ne�thmmshallcomhWWtheentire Agremmtbetwemthepart .
B. This Agreement shall be binding upon and inure to the benefit of the heirs 9 haw and
ciuscutorsoflimploym.
C. Tlus Agement shell become effmdve commencing leuary 12, 1999 orwhm
Employee assumes the position ofDirector of Parks and Recreation, whichever shall occur first.
D. If my provision, or my portion therm£, contained in this Agreement is held
mmatimtionm, invalid or unenforceable, the remainder of this Agreement cur portion thereof,
shall be domed severable, shall not be affected and shall remain in full force and effect
IN WITNESS WHEREOF, We City of Danger has caused this Agreement m be signed and
executed in its behalf by its City Manager, and duly attested by its City Clerk, and the Employee
has signed and executed this Ageemeny both in duplicate, the day and year fust above vAift=.
By.
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor
swam A. narrea
City Manager
Franc H. Comeau