HomeMy WebLinkAbout1997-10-15 97-422 ORDERCOUNCIL ACTION
Item No. 97-422
Date 1(1-15-99
Item/Subject Order, Authoriaiug the Execution or an Amended Employment
Agreement Between the City of Bangor and Edward A. Barrett
Responsible Department City County
The attached Order will authorize the execution of an amended employment ageemevt
betweenthe City and the City Manager. Specific changes incorporated this year include an
extevsi®of the content[ to love 30,1999; setting an annual salary of $83,720; and revising
the re a went provisions of the contract m recognition of the change which Maine Some
Rettreorem has made in how the retirement percentage for non -special plan employees is
calculated. The amended agreement also recognizes changes which were made in previous
years and eliminates unnecessary language included in the original contract regarding
relocation expenses.
Given the changes which have been made over the years, Be revised contract is intended to
pull together the agreed upon actors and conditions of employment in a single document.
Department Head
Manager's Comments: t/
City Manager
Associated Information: Order, Conduct
Finance Director
Legal Approval:
city Solicitor
Introduced for
)OPassage
pmt Reading Page —of _
__Referml
97-422
MignedtocumwBm Tyler October 15, 1997
CITY OF BANGOR
(TITLE.) (orba Authorizing the Execution of an Amended Employment
Agreement Between the City of Bangor and Edward A. Barrett
By use Cite cowult oltde City o7 Baneee:
ORDERED,
TUT The Chair of the Bangor City Council Is hereby authorized to execute
the attached amended employment agreement with Edward A. Barrett.
IN CITY COM'CIL
October 15, 1997 r
Passed
9]-422
ORDER
CIlY CLEPR Authorizing the Execution Of an
Amended Employment Agreement Between
the City OfBangor and
Edward A. Barrett
......................................
......................................
Aeri�gqu-d to
........ .... /.'�/=J����i ...unci.....
O Councilman
9J-422
EMPLOYMENT AGRE�
THIS AGREEMENT, made and entered into this the day of
1991, by and between the CITY OF BANGOR (Penobscot County), Santa ofhfidw, a municipal
corporation, hereinafter sometimes referred to as "Employer,' and Edward A. Barrett of Bangor,
State ofMawe, hereinafter sometimes referred to as "Employee."
WITNESSETH:
WHEREAS, the City of Bangor originally employed the services of said Edward A.
Barrett as City Manager of the City Of Bangor under an employment agreement dazed February
3,1988; and
WHEREAS, over the years, this employment agreement has been amended on several
occasions; and
WHEREAS, a another of the original contract provisions are no longer applicable; and
WHEREAS, the parties have reached agreement as to the benefits, conditions of
employment, and working conditions of said Employee; and
WHEREAS, it is in the interest of both parties in revise the original employment
agreement to reflect prior changes and current agreements.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties agree as follows:
Employer hereby agrees to employ said Edward A. Burrett to perform the functions and
duties of City Manager of the City of Bangor as specified under the Charter and the Ordinances
of 6a City of Bangor and the laws of the State of Maine, and in perform such other duties and
functions as the Council shall firm tone to time assign.
A. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the Council to terminate the services of Employee at any time, upon ninety (90) days notice to
Employee, subject only to the provisions set forth in Section 3 of this agreement.
B. Nothing in this Agreement shalt prevent, limit or otherwise interfere with the right of
the Employee in resign at my time from his position with Employer, upon thirty (30) days notice
to Employer, subject only in the provisions set forth in Section 3 of this agreement
C. Employee agrees to renter in the exclusive employ of Employer antil have 30,1999,
and neither to accept other employment nor to become employed by any other employer so long
as this agreement shall be in effect
9)-422
D. hethe event written notice is not given by either parry to this agreement to the other
ninety (90) days prior to June 30, 1999, this agreement shall he extended on the same terms and
conditions providing form additional term ofone (1)yen. Said agreement shall continue
thereafter for onayear periods unless either party hereto gives ninety (90) days written notice to
the other party that the party does not wish to extend this agreemeta for an additional one (1)
yearteme
suit i d C nn^• °ov4
In the event Employee is terminated by the Council before expiration of the aforesaid
term of employment or any extension Herm[ and during such time that Employee is willing and
able to perform his duties under this ageemenS then in that event Employer agrees to pay
Employee a lump sum cash payment equal to thrre months aggregate salary; provided, however,
that in event Employee is terminated because of his conviction of any illegal set involving
personal gain to him, dreg in that event, Employer shall have no obligation to pay the aggregate
severance sum designated he this paragraph.
A. Employer agrees to pay Employeefor his services rendered pursuant hereto an armusl
base salary of Eighty-tluee thousand seven hundred and twenty ($83,720) dollars, payable in
instalhnents at the same time as other employees of the Employer are paid.
B. Employee agrees to incrosse said base salary and/or other benefits of Employee in
such amounts and to such issuer[ as the Council may determine that it is deshable to do so on the
basis of an annual salary review of said Employee.
Stslin 5 P .rnrm roFval �atip➢
A. The Counted shall review and evaluate the performance of the Employee on or about
Jane 30, 1998 and at least every twelve (12) mmtbs thereafter. Said review and evaluation shall
be in accordance with specific criteria developed jointly by Employer and Employee. Said
criteria may be added to or deleted from as the Council may from time to time determine, in
consultation with the Employee. Further, the Council shall provide the Employee witha
summary written sentiment of the findings of the Council and provide an adequate opportunity
Nr the Employee to discuss his evaluation with the Council
B. Mnually, the Cowcil=it Employee shall define such goals and performance
objectives which they determine necessary for the proper operation of the City and in the
shammed of the Council's policy objectives and shall further establish a relative priority among
those various goals and objectives, said goals and objectives to be reduced to writing. They shall
generally be attainable within the time limitations as specified and the annual operation and
capital budgets and appropriations provided.
C. In affecting the provisions of this Section, the Council and Employee mutually
agree to abide by the provisions of applicable law.
9J-622
$endo 2 llnrxiAe Acfv'des
Employee shall not participate in any non -Employer connected business or employment
without the prior approval of the Council.
Section]yamdoo nnA neo- r.ewve
Employee shall have credited to his personal account sick leave at the same one as other
employ«sof Employer. Employeeshallhavecredit wMspefsonalwwuntmenty(20)days
of vacation annually. Vacadon leave may betaken by the Employee at any time so long as his
absence does not unreasonably interfere with the operations of the City.
r
A. Employer agrees to pay the required premiums on a te= life insurance policy equal
In m amount in one (1) times the annual gross salary of Employee.
E. Employer agrees he provide Employee with all other categories of fringe benefits in
the same amounts and coverages, as are provided from time to time by Employer to other
employees of the City of Binger.
In addition to the salary to be paid by the Employer to Employee, Employer ounces to pay
loan the retirement and/or deferred compteneatum program of Employee's choice an amount equal
to 15% of Employee's base pay. Such payments shall be made in proportionate amounts each pay
period. Employer agrees, to the extent allowed, to trans£ ownership in such plana to succeeding
employers upon Employee's resignation or discharge. Said amounts shall be in consideration of
the Employee not participating in the Maine State Retirement System. In the event competent
legal authority shall ddermwe that Employee's participation in the Maine State Retirement
System is required by applicable law, and for so long as the Employee shall participate as a
member of the Maine State Retirement System, the Employer shall have no obligation to make
the additional payments provided in this section.
Employer agrees to budget and in pay for the professional dues and subscriptions of
Employee necessary for his continuation and full participation In Maine Town and City
Management Association, hournational City Management Association and National League of
Cities.
A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses
of Employee for professional and official travel, meetings and owasions adequate to continue to
professional development of Employee and to adequately pursue necessary official and other
functions for Employer, including but not limited to the Annual Conference of International City
Management Association, the Maine Municipal Association and such other national, regional,
Mae and local govemmeirod groups and committees thereof which Employee serves as a
member.
H. Employer also agrees to budget and m pay far the novel and subsistence expenses of
Employee fin short incises, institutes and sanctions that are necessary for his professional
development and for the good of the Employer.
Seeliond2.�lr[omobile
In addition to the basic salary, Employer shall pay Employee on the fimt day of March,
1998 and each mount extension thereafter, a Imp amn of Twenty-five Hundred ($2,500.00)
IMllers as arm allowance m lieu ofamotorvehicle furnished by the City. Employeeshallbe
responsible for paying for liability, property damage and comprehensive inss mmce and for the
propose, operation, maintenance, and repair of his vehicle.
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
City Manager. Employer will compromise and sells any such claim or suit and pay the amount
of my settlement orjudgement rendered therem,
Sedion]9.-Bonding
Employer shall bear the full cost of my fidelity or other bonds required of the Employee
under any law or ordinance.
Can nn lC. MRpJ'E.elrn dSnndnfnna nfE nM�=[
The Council, in consultation with the City Manager, shall fix any such other terms and
conditions of employment, as it may determine fiom time to time, relating to the performance of
Employee, provided such temps and conditions are are inconsistent with or in conflict with the
provisions of this agreement, the City Charier, or any other law.
SMUML.115—Pu llces_
Notices garment to this agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
(1) Employer: City of Bangor
73 Hmlow Street
Baigoq ME (M901
Aft: Council Chau
9r-622
(2) Employee Edward A. Barrett
142 Husson Avenue, Apt. 73
Burger, ME 04901
Alternatively, notices required pursuant to this agreement may be personally served in the some
minnow as is prescribed for personal service ofpmcess under the Maine Rules of Civic
Procedure. Notice shall be deemed given as of the doe of personal service or as of the date of
deposit of such written notice in the worse of transmission in the United States Point Service.
A. The text berrin shall constitute the entire agreement between the parties.
B. This agreement shell be binding upon and inure to the benefit of the hems at law and
executors of Employee.
C. This agreement shall become eff tive commencing July 1, 1997.
D. if my provision, or my portion thereof, contained in this agreement is held
unconstitutional, invalid or unenforceable, the remainder of rods agreement, or portion thereof;
shall be deemed severable, shall not be affected end shall remain in full force aM effect
IN WITNESS WHEREOF, the City of Bangor has caused this agreement to be signed
and executed in its bebalfby its Council Chairman, and duly attested by its City Clerk, and the
Employee has signed and executed this agreement, both m duplicate, the day and year first above
written.
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM:
City Solicitor
BANGOR CITY COU,1CM
Its Chairman