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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 r/ iry sold, cetl For 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 95-93 -2- 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. 95-93 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. 95-93 Q9 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. 95-93 -7- 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.