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Home My WebLink About2024-10-28 24-356 ResolveCITY COUNCIL ACTION Council Meeting Date: Item No: Responsible Dept: Requested Action: Summary Committee Action Meeting Date: For: Against: City Manager City Solicitor Finance Director Map/Lot: Introduced for: Order Committee: Action: Staff Comments & Approvals Date: Item No: Assigned to Councilor: 24-356 OCTOBER 28, 2024 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of 2024,by and between the CITY OF BANGOR(Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and Jefferson Davis, of Frankfort, State of Maine, hereinafter sometimes referred to as " Employee." WITNESSETH: WHISEAS, the City of Bangor desires to employ the services of said Jefferson Davis as the Director of Engineering of the City of Bangor; and WHISEAS, the parties have reached agreement as to the benefits, eonditions of employment, and working conditions of said Employee; NOW, THISEFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Jefferson Davis to perform the functions and duties of Director of Engineering of the City of Bangor as speeified under ti�e 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. Subj ect to the provisions contained herein,Employee shall serve at the pleasure of the City Manager. Section 2. Term A. Subjeet to ti�e provisions of Section 6 of this Agreement, Employee agrees to remain in the exelusive employ of the Employer until December 31, 2027 and neither to accept other employment nor to become employed by any other employer so long as this Agreement shall be in effect. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, upon siXty (60) days' notice to Employer, subject only to the provisions set forth in Section 3 of this Agreement. C. Nothing in this �4greement shall prevent, limit or otherwise interfere with the right of the City Manager to immediately terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this Agreement. D. In the event written notice is not given by either party to this Agreement to the other thirty (30) days prior to December 31, 2027, this Agreement shall be eXtended on the same terms and conditions providing for an additional term of one (1)year. Said Agreement shall continue for successive one (1)year periods unless either party hereto gives thirty (30) days'written notice to the other party that the party does not wish to eXtend this Agreement for an additional one(1)year term. 24-356 OCTOBER 28, 2024 Section 3. Termination and Severance Pav In the event Employee is terminated by the City during, or at the eXpiration of the aforesaid term of employment, or during any eXtension thereof, and during such time that Employee is willing and able to perform his duties under this Agreement,then in that event Employer agrees to pay Employee a lump sum cash payment equal to three(3) months' aggregate salary. Employee shall vacate his position with Employer immediately upon notice of termination,provided that the Employee and Employer may negotiate an alternate date that Employee vacates his position with Employer. In the event Employee is terminated because of willful misconduct or intentional wrongdoing related to his employment with Employer, or because of his conviction of any illegal act involving personal gain to him,then Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph or to continue Employer provided benefits, eXcept to ti�e eXtent that such benefits are required by law or the Personnel Rules and Regulations of the City of Bangor. Section 4. Salary A. Employer agrees to pay Employee for his services rendered pursuant tothe EXecutive pay schedule(EXecutive Pay Grade 3, Step 3)of the City of Bangor with an initial annual base salary of one hundred and four tl�ousand and three hundred and seventy four ($104,374),payable tn installments at the same time as other employees of the Employer are paid. B. Employer agrees to handle future salary inereases beyond that outlined in A above in the same fashion as salary increases are handled for other Executive Level Employees. Section 5. Performance Evaluation A. On an annual basis,the City Manager and Employee shall define such goals and performance objectives which they deem neeessary for the proper operation of City Departments and shall reduce said goals and objectives to writing. They shall generally be attainable within the time limitations specified and the annual operating and capital budgets and appropriations provided. B. The City Manager sha11 review and evaluate the performance of the Employee annually on or about the Employee's date of hire as Development Director with the City. Said review and evaluation shall be in accordance with the goals and performance objectives jointly developed by the City Manager and Employee and the normal standards used to evaluate the performance of other City employees which are applicable to Employee's position. A work plan for the first year may be developed outlining the above referenced goals and objectives. C. In effecting the provisions of this Section,the City Manager and Employee mutually agree to abide by the provisions of applicable law. D. Employee agrees and understands that the term of his employment as Director of Engineering 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 while provisions of this Agreement modify or supersede the Personnel Rules and Regulations. 24-356 OCTOBER 28, 2024 Section 6. Outside Activities Employee shall not participate in any non-Employer connected business or employment without prior notification to, and the approval of, the City Manager. Section 7. Frin�e Benefits A. Employer agrees to allow the employee to accumulate four(4)weeks of vacation upon hire as outlined in Personnel Rules and Regulations. �. Employer agrees to pay or reimburse for professional development, education, and training eXpenses that are related in scope of position, to the eXtent that such costs are budgeted and approved by the Employer's governing body. �. Employer agrees to provide Employee with al1 eategories 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 Bangor at the EXecutive Level. S�ctic�r� K. Indemnification Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claims or demand or other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in ti�e performance of Employee's duties as City Solicitor. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 9. Bondin� Employer sha11 bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 10. Other Terms and Conditions of Emplovment The City Manager, in consultation with the Employee, shall fiX any such other terms and conditions of employment, as may be determined from time to time, relating to the performance of the 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. Section 11. Notices Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Employer: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attn: City Manager 24-356 OCTOBER 28, 2024 Employee: Jefferson Davis P.O. Box 87 Frankfort, ME 04438 Alternately, notices required pursuant to this Agreement may be personally served in the same manner as is prescribed for personal service of process under the Maine Rules of Civil Procedure. Notice shall be deemed given as of the date of personal service 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 theparties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and eXecutors of Employee. C. This Agreement shall become effective commencing CJctober 28, 2024 or when Employee assumes the position as Director of Engineering, whichever shall occur first. D. If any provision, or any portion thereof, eontained in this Agreement is held unconstitutional, invalid, or unenforceahle, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREaF, 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 Employee has signed and eXeeuted this Agreement, both in duplicate, the day and year first above written. CITY OF BANGOR Deborah Laurie City Manager Jefferson Davis OCTOBER 28, 2024 CO 24-356 Motion made and seconded for Passage Vote: 9 —0 Councilors Voting Yes: Deane, Hawes (via Zoom), Fish, Fournier, Leonard, Schaefer, Tremble, Yacoubagha, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK