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HomeMy WebLinkAbout1993-02-22 93-165 ORDERDate yV V„2-22-93 Item No. 93-165 0[d£11: 1b11fitAl]aJ tl� App� of IWse Dyer as Item/Subject: Bzee pack Gamma lHrea� Responsible Department: City u___get Commentary: I - TM atTacM1etl C 11 @der wtll �ism t aq;Fxs alvst of M Dyes as Beae park (9erleral 1saaA9et'. TMim has Lxss in chagae at Baas p k s se Octoher asd Flea 1> as with the City foc aFfrzoximataslY five years. He w l fixing a strong £Daus on n,: sding a solid xelationehip with the cvnemfty while m+m .M to work toward rErf� regfmal attxBLtiona at the CMP . A draft of the proposed a lcy>asmt atg a witls w+m is alro attached fox your review. wyermrnexree Manager's Comments: Ciy,Wa Bn Asswciated Infarmatian: Char Osnhec[ Budget Approval: N/A Frere nlream. Legal Approval: Ldl- co tw+�:re. Inm cluced For lEpassage `Firn Reading Page — of ❑Referral 93-165 Meiped[o Councilor e]aum,rce, February 22, 1993 u CITY OF BANGOR (TITLE,) (orDPTI-....__....mn£imd.og.sne. nipoinrnmrc. o Mi4o. Byerfls. a -__ Park _. Bo CBy Com" a)W Cum Of Rs -- OEDE6EDl TWT Mita Dyeris hex py rnnfinoed as ems Park (;=reca1 Mvmgaz in a[mxdaK2 wt[h iTP tRi1d4 8M IXLYi1Yl011a Outiv63 ill tAe fltfiAei ®fploymant aqe - IN CITY COUNCIL February 22, 1993 Pas as Ity 93-165 ORDER Title, Cppj}rmlpg yhq ApppiptpenC% oE.M1ke. Dyer asBassPark General Manager Cowcilman - 9 s Agreaot, vele and entered into this day of 1993, by a 3 bebaem: the Cirri W fliiA]JR (Perebsmt Cv:ty) r ate of Maine, a nodcfpal oorporetion, hereinafter sa�Ums referral to as "holo Zeal Michael P. Dyer, of Blue Hill, State of Maine, hereiwfte. agner..irtes referred to as "ImAcyee". ioPrtliSffi: Y&0✓BS, the City of Bangor desires to a loy the services of said Michel P. Byar as Hass Park Gaieral Manager of the City of Bangor; ad hd0a145, the parties have reached ageamantt as to the baiefits, csditions of eaploymet, arc! working c xxiitions of said WIcyee; WM, 'l4aPa[DIa, in rusitl¢atloa of the mutual hovanenos herein contained, the Parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Michael P. q to perfom the flmctioe ani duties of Baas Park General Maiager of the City of Bangor as specifial under the Charter and the colirarces of the City of Bangor and the laws of the State of Maine. 'tire Gaul Manager shall, under the polfry direction of the Bangor City Coa cil, ani the gaiaral suparvisimu of the City. V�, he responsible for the day to day operations of the Bass Park Coq ler including the angor Civic Center and Aditodwa, the Marnaes Facing lkack, and the corduct of the Stabe Fair. nxrtherr, he will perhtts such other related duties ad £uxtia s as the City Faragar shell foam tine to tine eeargo. Subiaot to the prwrsio s ohfain i herein, Employee Shall Serve at the pleasure of the City Manger. Section 2 dEw A. Employee agrees to retain in the etmlusive espicy of the Employer until February 1, M4, ani neither to accept other eiplophont nor to teaare eaployred by ay other euployer so long as this A(peemeat shill be in effect. S. MYthi g in this Agreamart shall prevent, limit or otherwise interfere with the right of the Employes W resign at any, tinre from his position with &Ployrer, upon thirty (30) days notice to Employer, subject oily to the provisdos set forth in Section 3 of this Agreement. C. Mything in this Agreenent shall prevent, liuvt or oth nwisa interfere with the right of the City Manager to aminate the servlces of taployee at any time, upon thirty (30) days ntfce to aepplcyee, subject only to the provisions set forth in HMSat 3 of this Agreement. D. Ea The suet vadttt t ..n:ro bs not give tyeither Party W this Ayeemat to the outer thirty (30) days prior W February 1, 19%, this Agreae$t shall be e#endai on the same terve arm cemlbtionn providing for at adiitional Cama of ore (1) year. Said Ayeenent shall continee thereafter for one (1) year periods ups either party terata gives thirty (30) days written notice to the other party that the party does not wbah to extend this Agreement for an atiLttoel gre (1) year tars. _2_ Section 3. 1Bmtira M aM Severama Pav in the evmvt aplayea is t° of aa'v by the City uring or M the expiration of Ua afo h ti e t of mplo}um il dsivg ary, exW pox f Uareo£, and durith such time that ap= tl t t En aM able to peoEatm his duties under this h pant, then Sn that event Haployar agmsa to Pay fltployee a lump sia rash patie equal qi ore (1) month's aggr pts salary; provided, hvoever, that yn da anent aplcyae. is w because of his cwrviction of ay illegal wtimolvyng Personal to him, Uan, in that e:mtt, ©vPloYsr stall have noo rbl.igatim to PaY the aggmgate aevmace sue dreigreted in this paragraph. Section 4. Salary A. &player agneas w Pay lhploye for his services xmrlered puramnt to the Emc tiva Pay schaivle of the City of Bangor with an initial amval Wae salary for Forty 9 ard, Nine Ilwdred atl Fifty Dollars ($41,950), payable in fnstalltrm6e at the save time as alien mploysav of the aplayar are paid. In aldition, the City egress to a ratroactivo salary of Forty -Th saes, Nire IDvtlred aM Fifty -0 Niles ($40,951) f the per£ed of October 19, 1992 th=gb Jaatary 30, 1993, during which rive PVloyse res Act Kaes Park @reel nrre r. aplcl wlll he paid the differace beb.een his salary duriYq that tit® parioi ($36,236) and the aTr to retroactive salary ($40,951) uyv executim of Ua cow act. S. DgAoyer ayees to handle future salary irexzasaa beyai that outlined in A above in Ua a fashion m salary imraasas era handled Ear other aacuti level amploya . Section 5 Perfomeree a cation A. On an annual basis, the City Manager ad EVloyee shall defira such gals and perfox ce abjEctfvee which Clay tl recaesary fox the � Op�t an Of the Bass Pail{ cmplex ani shell xe&ce said goals aM objectives W w ting. They shall ger ally be atfaLuhle with the tim limitact m specified a l the aaessl dation aM capital. bidgeets and iati.wa Pravidei. B. lite City N ger Shall revia aM evaluate Ua psrfonoamx of the aploye amually on or shout the aplayce's date of pzamtiat to Bms Park v#nual Manager with the city. more fv'sgueat review may to held at the d:cr�o�i,m of the City Namger. Bard review a evaluation shall be in aom ce with the gals and Perfomace objectives jointly d cpsi by the city Xar aM aployee mo Ute ramal standards used to evaluate the perfoa m of other City mplcyeee Mich are applicable to Ehplgee's Position. A work Plan far tto first year will be davelop_ni outl� the above refmaiced goals and mjaKivee. C. 3n effecting the Provisions of this S tient, Ua city PHnager ad Employe antually agree to abide by Ute Pnroisims of applycable law. D. aployea aye® aM undmstands Utas Ua term of his mploymavt es Bass Park Geral Managaz' shall be subjt to Ua City's Personrel wtlee ami momatv,.ae as they curravtly exist and as they may le nodifi.ed from tine to tine exDept od se pxovisiom of this erF.eaatt modify or supercede Ua Parsomal RUIN axd Regulations. -3- S on 6. Rmtside %Yivitise Eiployee shall x LarticiF to in any ran-IDoplayer caurectsd G>Bi of mplc}� wlttwt fm= ro f5natfam to amd the apy c of t city Manages. £anon 7. Fr eamfits Employer agrwes to pxwfde Eiplolae with all catagoxfes of frim baefits in The sem aewm a cove as are rive to t by m lois to other awlcy of the City of B� tt the �va leael, inclmdLmg the cption to participate in tAe lSMa or fM 401W457 ^� pla s at the Employer contriwtion cote of ten (10%) in cat of EL Ioyee's twe salafy. Satimm B. Autaamhile Allowance In adiitium to the basic salary, Employes shall pay Bnployae each moonHm the smm of Oto-Exdxed ar Deny-Five wl ($U5) as a cox allosnce in lieu of a 1 tehicle property i by the City. Fnplo}ee stall be fosponalble for payin3 liability, pxapecty lavage ep collision cle.ce and for the pvxchsee, operation, mecmero..n and xepsfx of his vehicle. Sxtiam 9. fndammification Employer shall tlefeM, save h css a indemmify Eiployee against any tort, pmfessfcoal liability claim of dam i or othem: legal actimm, vtlmetMx .Mises or oihELNieer axlail out of any Bllagad set or aldaBlOn ooau=iM in t pexfoamrc of Euplo}ee's duties as Bass pack � Manager. Employer will coipxadse and settle eery swim claim or svt amd las' the amamt of or judg� mmdexal tlexam. Section 10, BOMira Employer shall herr the full cost of any fidelity or oiler Mds xaPrlxed of time Employee and sty lw or ofrb'nmmre. Section 31. War 14ma and Cendfiims of IDmhrvmmt Employee atoll receive five (5) days ediitiorel vacatio,m in lieu of accrued cmpameatrn thm. Such vacation shall not count against tie thirty (30) day vacat accrual limit a cost to Scaly 1, 1993. 'Aa City sammger, in co a talion with the Employee, shall fix mry such orwe.. ianm ard conditfas of ea�, as it ray detemdre fr m time to xalatlm to tic parfommce of the avlayee, provided such temm and c tfas axe not �t with or in cont i with the pxovisfors of tide %]tem ,the dmfcer or acy oth¢ tau. Employee agrees timet aMuld he nwe Exon hfa pfasamt Blue Hill, Mairc, he would establish xesiderce within the corporate limits of the City of as pi City of Baz for the Tana of his orplcy . _4_ Sect3m: 12. Notices Notices putsuarR to this Amt Stall be qt by delnslt in the custody of postage ]napafd, addtessed as foll : (1) &Ployer: City of Ba 73 Naz1W StmPt turgor, ME 04401 Atte: City tanager (2) EVloyee: Nictael P. Dyer B 939 .slue Ni11, NB 04614 AltematelY, notices xequt puruant to Tn:a Ag[� vey )a E am y as it prescribed for personal of pxacees under the Moira a.xee of Civil Procedure. Ibtice sAaLL be diad gxv ae of the tl to of peroral Service or as of itis tlate of d�lt of ssh written notice in L course of tmrav Sion in tM Witsd Stag Postal Service. Sectlon 13. Gaierel Pmvis" A. TIa text herein stall wratitute tta entire AgreaimR benuean iia partfea. B. This Agrearent shall be bhxUL upm axed inose to the b fit of the > at law and a tutor of ila Eplopee. C. This Agaarent shsll � efftt ca P cing Febr 1, 1993 or wM r HVICTre asstmes U posititrtt as B s Panic Cemsal Mvmgar, Mriclavar shall occur first. D. if any pmvisinn, or m pm then of, ocn i in this Ag� is held uncere[itutionel, imelid, or unerdorcaable, Ue reiavder of t*;= Acyeemnt, or po icn thereof, shall be deamd sruerable, Shall rot be a£fa and shall rain in full fore and effect. IN WPIfffiS9 WI01 o the City of Han9or has cauastl this Agxe m be airyad and e�recvted in its D1a1£ by its Coursil Chefmm�, a c y atteaferl by ii City Cleric, and tla & P10yoe has sigoOl end a atsd this AgwivR, both fn duplicate, the day and }ear Einar above wtittat. Hy: ,Tobn W. Bragg, Nurci1 Chair City Clerk (seal.) City Solicits -5 - Mian 1 P. Dy