HomeMy WebLinkAbout1995-01-23 95-93 ORDERGOunCII ACIIon
Date 12-28-94 Item No. 95-93—
.Item/Subject: ORDER: Authorizing City Manager to Execute
Employment Contract with Brian M.
Responsible Department: Erman, Golf Pro -Superintendent
Commentary:
Brian M. Erman has been selected as the new Golf Pro -Superintendent
for the Bangor Municipal Golf Course succeeding Austin Kelly who
retires December 31, 1994.
The employment contract is very similar to that of the retiring
Pro except the City will own and operate the golf cart fleet and
the new Professional will participate in the IMCA Deferred Compen-
sation program instead of the Maine State Retirement. System.
qw,u.read
449
City Ab.�
Associated Information: lA
Order/ +MSR�ny
Budget Approval:
Lash AppmreL
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Passage
First Reatling Page _ of—
[] Referral
95-93
Aesipnod a Conn<uor Blanchette January 23, 1995
CITY OF BANGOR
(TITLEJ @Ri1BX A . uthorizing City Ma ager to Execute Employment Contract
with Brian M. Enman, Golf Pro -Superintendent '
By ehs Ary Counml ofae City of Rafto :
ORDERED,
THAT
the City Manager is hereby authorized and directed to
execute an employment contract with Brian H. Banat, Golf Pro -Superintendent
for an nitial term of one year at a salary of $30,297 for the first year
and in a form acceptable to the City Solicitor;
AND BE IT FURTHER ORDERED, THAT the contract shall include such
other terms and conditions as may be established by the City Manager.
IN CITY COUNCIL - 95-93
January 23. 1995 RESOLVE Authorizing City Manager to Exe<ute
Passed Employment Contract with Brian M. Enman. Calf
., t � / e Pro-Superintendent.
ITY CLE
95-93
EMPLOYMENT CONTRACT
This Agreement, made and entered into this day of January,
1995, by and between the CITY OF BANGOR (Penobscot County), State
of Maine, a municipal corporation, hereinafter sometimes referred
to a "Employer", and BRIAN M. ERMAN of Brewer, State of Maine,
hereinafter sometimes referred to as "Professional^.
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the services of said
Brian M. Human as Club Professional/Superintendent of the Bangor
Municipal Golf Course; and
WHEREAS, the parties have reached agreement as to the benefits,
terms and conditions of employment, and working conditions of said
Employee;
NOW, THEREFORE, in sideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1, Duties
Employer hereby agrees to employ said Brian M. Baran to
perform the functions and duties of Club Professional/
Superintendent of Bangor Municipal Golf Course asspecified
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 functions as the City Manager shall from
time to time assign. Subject to the provisions contained
herein, Professional shall serve at the pleasure of the City
of Bangor.
II. The Professional agrees to:
Devote his time, attention and energies to the
performance of duties as Club Professional/
Superintendent of the Bangor Municipal Golf Course
during the term of this Agreement. He shall conduct
himself at all times and in all matters inaccordance
with the standards for golf professionals established
by the Professional Golfers Association of America,
hereinafter referred to as PGA, and in accordance with
all rules, regulations and directives adopted by the
Bangor City Council or designated committee thereof,
pertaining to operation of the Bangor Municipal Golf
Course.
B. Conduct all tournaments and to initiate and promote
golf activities for members and guests. He shall
attend and participate i all committee meetings as
related to the operation imof the golf course.
C. Supervise, direct and train a staff of City employees,
including Assistant Professionals, golf Shop
personnel, rangers, starters, maintenance and all
other positions as may be necessary. The Professional
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shall supervise and be financially and legally
responsible to the Employer for the conduct of other
employees engaged by the Professional to work i
concession areas signed to the Professional by the
City. The Professional shall be responsible for
payment of all insurances, wages, and other expenses
for such other employees required under Federal,
State, and local law.
D. Operate and maintain a golf shop for repairs,
handling, storage, sales, and services related to golf
equipment and golf carts. In operating a golf shop,
the Professional shall stock an adequate inventory
consisting of quality merchandise.
E. Ensure that all municipal monies including
memberships, green fees, tournament fees, locker
rentals, golf cart rentals, registration fees (daily
and seasonal) and any other (i.e. donations) are
collected and deposited daily.
F. The Professional shall perform all duties normally
required of other City Divisional heads and he shall
report directly to the Director of Parks and
Recreation.
O. All revenue and expenses from concessions assigned to
the Professional by the City shall be accounted for
monthly and all receipts, accountings, and other
financial records shall be available at all times for
review or audit by the City Finance Director or the
Finance Director's designated representative.
H. The Professional shall maintain all i and
other necessary requirements relating torthe operation
of assigned concessions.
I. The Professional will pay for provision of video
security within the clubhouse April through November
and the City will provide such payment during the
off-season.
Section 2. Term
A. The Professional agrees to remain
n the exclusive
employ of the Employer until January 31, 1996 and
neither to accept other employment nor to become
employed by any other employer so long as this
Agreement shall remain in effect.
B. Nothing in this Agreement shall prevent, limit o
otherwise interfere with the right of the Professional
to resign at any time from his position with Employer,
upon thirty (30) days written notice to the Employer,
subject only to the provisions set forth in Section 3
of this Agreement.
FE
C. Nothing in this Agreement shall prevent, limit o
otherwise interfere with the right of the Employer's
City Manager to terminate the services of Professional
at any time, upon thirty (30) days written notice to
the Professional, subject only to the provisions set
forth in Section 3 of this Agreement.
D. Unless written notice is given by either party to this
Agreement to the other party at least thirty (30) days
prior to January 31, 1996, this Agreement shall be
extended on the same terms and conditions for a
additional term of one (1) year. This Agreement shall
continue in force for additional one (1) year terms
thereafter unless either party hereto gives thirty
(3D) days written notice of termination to the other
party, as provided in paragraphs N and C above.
Section 3. Termination and Severance Pav
During the original term of thin contract, the Professional
may be removed or suspended only for cause. In the event
the Professional is terminated by the City Manager at the
expiration thereof, and provided that the Professional i
willing and able at such time to perform his duties under
this Agreement, then in that event Employer agrees to pay
the Professional a lump sump cash payment equal to o (1)
month's base salary; provided, however, that in the event
the Professional is terminated for misconduct or because of
his conviction of any illegal act involving personal gain to
him, then, in that event, Employer shall have n obligation
to pay the aggregate severance sum designated in this
paragraph.
Section 4. Salem
A. Employer agrees to pay the Professional for his
services rendered pursuant hereto an annual base
salary of Thirty Thousand Two Hundred Ninety-eeven
($30,299.00) Dollars, payable ininstallments at the
same time as other employees of the Employer are paid.
S. Employer agrees to handle future salary increases i
the same fashion as salary increases are handled for
other employees of the Employer.
C. Concessions:
The Professional shall have the exclusive privilege to
operate the following concessions at Bangor Municipal
Golf Course:
1. Sale of merchandise from Pro Shop.
95-93
2. Golf Instruction. The Professional and his staff
shall have the exclusive right to give golf lessons at
the course location. Charges for such lessons shall
be fixed by the Professional. Free golf lessons
sponsored by the Recreation Division as part of the
summer program schedule shall be provided by the
Professional and his staff.
3. Driving Range. The Professional shall be
responsible for the operation of the golf range which
includes the rental of practice balls for that area.
9. Golf Carts. The City agrees to pay Professional
Two Dollars ($2.00) per round for each cart rental a
payment for upkeep, maintenance, and operation of golf
art fleet. Professional will be responsible for all
repairs except those of major significance which must
be done by distributor. City will be responsible for
the purchase of repair parts. Professional shall
prepare carts for winter storage.
Section S. Performance Evaluation
A. on an annual basis, the Director of Parks & Recreation
and theProfessional shall define such goals and
performance objectives which they deem necessary for
the proper operation of the Bangor Municipal Golf
Course and shall reduce said goals and objectives to
writing. The goals defined shall generally be
attainable within the time limitations specified and
the annual operating and capital budgets and
appropriations provided.
B. The Parks & Recreation Director shall r and
valuate the performance of the Professional annually
on r about the Professional's anniversary
Mversary date of
employment under this Agreement. More frequent
reviews may be held at the discretion of the City
Manager. Said reviews and evaluations shall be i
accordance with the goals and performance objectives
jointly developed by the Parks & Recreation Director
and the Professional and the normal standards used to
valuate the performance of other City employees which
are applicable to Professional's position.
C. in effecting the provisions of this Section, the City
and the Professional mutually agree to abide by the
provisions of applicable law.
D. The Professional agrees and understands that the terms
of his employment as Club Professional/superintendent
shall be subject to the City's Personnel Rules and
Regulations as they currently exist and as they may be
modified from time to time, except where provisions of
this Agreement modify or supercede the Personnel Rules
and Regulations.
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Section 6. Fringe Benefits
Employer agrees to provide the Professional with all
categories of fringe benefits in the s amounts and
overages as are provided from time toati
time by Employer to
other employees of the City of Bangor except for vacation
and sick leave.
Section 9. Retirement Benefits
In addition to the salary to be paid by Employer to the
Professional, Employer agrees to pay into the City's 401-A
retirement plan an amount equal to 5.55 of Professional's
base salary. In addition, Employer shall pay into the
City's ICMA-RC 459 deferred compensation plan an amount
equal to 3.54 of Professional's base salary. Said payments
shall be made in equal and proportionate amounts each pay
period and Employer agrees, where appropriate, to transfer
ownership in the deferred compensation plan to succeeding
employers upon the Professional's resignation or discharge.
Said amounts shall be in consideration of the Professional
withdrawing from participation in the Maine State Retirement
System. In the event competent legal authority shall
determine that Professional's participation in the Maine
State Retirement System is required by applicable law, and
for so long as Professional shall participate as member of
the Maine State Retirement System, the Employershall have
no obligation to make the additional payments provided in
this section.
Section S. Indemnification
Employer shall defend, save harmless and indemnify the
Professional against any tort, professional, liability,
claim, demand, or legal action, whether groundless o
otherwise, arising out of alleged negligent acts or
omissions occurring in the performance of Professional's
duties as Club Professional/Superintendent. Employer will
compromise and settle any such claim or suit and pay the
amount of any settlement or judgment rendered thereon.
The Employer's obligation to indemnify the Professional
under this Section shall not extend to claims or judgments
based upon intentional misconduct or violations of law by
the Professional.
Section 9. Bonding
Employer shall bear the full cost of any fidelity or other
bonds required of the Professional under any law or
ordinance.
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Section 10. Other Terms and Conditions of Emolovment
The Employer's City Manager, in consultation with the
Professional, shall fix other terms and conditions of
employment, relating to the performance of the Professional,
provided such terms and conditions are not inconsistent with
or in conflict with the provisions of this Agreement, the
Employer's City Charter or other applicable law.
Employee agrees that should he move from his present
residence in Brewer, Maine, he shall establish residence
within the corporate limits of the City of Bangor and then
shall maintain residence in the City of Bangor for the term
of his employment
Section 11. Notices
Notices pursuant to this Agreement shall be given by deposit
n the custody of the United States Postal Service, postage
prepaid, addressed as follows:
(1) Employer: city of Bangor
73 Harlow Street
Bangor, Maine 04401
Attention: City Manager
(2) Professional: Brian M. Enman
42 Pendleton Street
Brewer, Maine 04412
Alternatively, notices required pursuant to this Agreement
may be personally served in the same
manner 69 is prescribed
for personal service of process undertheRules of
Civil Procedure. Notice shall be deemed given as of the
date of personal service
e or as of the date of deposit of
such written notice in the course of transmission in the
United States Postal Service.
Section 12. General Provisions
A. The text herein shall constitute the entire Agreement
between the parties.
B. This Agreement shall be binding upon and inure to the
benefit of the heirs at law and executors of
Professional.
C. This Agreement shall be effective February 1, 1995 or
when the Professional assumes the position of Club
Professional/Superintendent whichever shall occur
first.
O. if any provision, or any portion thereof, contained in
this Agreement is held unconstitutional, invalid o
enforceable, the remainder of this Agreement, or
portion thereof, shall be deemed severable, shall not
be affected and shall remain in full force and effect.
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IN WITNESS WHEREOF, the City of Bangor has caused this Agreement to
be signed and executed in its behalf by its City Manager, and duly
attested by its City Clerk, and the Professional has signed and
executed this Agreement, both in duplicate, the day and year first
above written.
BANGOR CITY COUNCIL
(By)
Edward A. Barrett
City Manager
ATTEST:
City Clerk (Seal)
APPROVED AS TO FORM: Brian M. Sense
City Solicitor
95-93
Revisions/Additions to Contract
with Brian M. Bnman
Section 4.a& lary
C. Concessions:
4. Golf Carte. The City agrees to pay Professional
Two Dollars ($2.00) per round for each cart rental as
payment for upkeep, maintenance, and operation of
golf cart fleet. Professional will be responsible
for all repairs except those of major significance
which must be done by distributor. City will be
responsible for the purchase of repair parts.
Professional shall prepare carts for winter storage.
Section 10. Other Terms and Conditions of emolovment
employee agrees that should he move from his present
residence in Brewer, Maine, he shall establish residence
within the corporate limits of the City of Bangor and
then shall maintain residence in the City of Bangor for
the term of his. employment.