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HomeMy WebLinkAbout2009-11-23 10-020 ORDERCOUNCIL ACTION Item No. 10-020 Date: November 23, 2009 Item/Subject: ORDER, Authorizing the Execution of an Employment Agreement with Edward A. Barrett Responsible Department: Legal Commentary: This Order will authorize the City Council Chair to execute an Employment Agreement with Edward A. Barrett as City Manager. D artment Head Manager's Comments: City Manager Associated Information: Budget Approval: Finance Director Legal Approval: I,- Z — ity Solicitor Introduced for Passage First Reading Referral 10-020 Assigned to Councilor- Wheeler November 23, 2009 .r CI`fY OF BANGOR 9A0�6,ry'� (TITLE.) ORDER, Authorizing the Execution of an Employment Agreement with Edward A. Barrett By fire Fatty Council of the City of Bangor. ORDERED, THAT The Chair of the Bangor City Council is hereby authorized on behalf of the City of Bangor to execute an Employment Agreement with Edward A. Barrett. Said Agreement shall be in substantially the same form as attached hereto and in a final form as approved by the City Solicitor or Assistant City Solicitor. IN CITY COUNCIL November 23, 2009 Motion Made and Seconded to Suspend The Rules Motion Made and Seconded for Passage Several Citizens spoke in favor of this order including: Charles Birkel, Dennis Marble, Frank Farrington, George Elliot, Gwethalyn Phillips, Patricia Jenkins, Suzanne Kelly, Tim Woodcock, Norman Minsky, Valerie Carter, John Cashwell, Sue Cummings & Steve Ribble. Vote: 4-5 Councilors Voting Yes: Gratwick, Stone, Weston & Wheeler Councilors Voting No: Blanchette, Bronson, Hawes, Nealley & Palmer Failed Passage CITY E # 10-020 ORDER (TITLE,) Authorizing the Execution of an Employment Agreement with Edward A. Barrett Assigned to Councilor ( s0y\�.4 ( CAr— EMPLOYMENT AGREEMENT THIS AGREEMENT, made and entered into this the day of , 2009, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer," and Edward A. Barrett of Bangor, State of Maine, 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 dated February 3, 1988; and WHEREAS, over the years, this employment agreement has been amended on several occasions; 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 to 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: Section 1. Duties Employer hereby agrees to employ said Edward A. Barrett to perform the functions and duties of City Manager of the City of Bangor as specified 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 Council shall from time to time assign. Section 2. Term 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 one hundred eighty (180) days notice to Employee, subject only to the provisions set forth in Section 3 of this agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, upon thirty (30) days notice to Employer, subject only to the provisions set forth in Section 3 of this agreement. C. Employee agrees to remain in the exclusive employ of Employer until September 30, 2011, and neither to accept other employment nor to become employed by any other employer so long as this agreement shall be in effect. D. In the event written notice is not given by either party to this agreement to the other one hundred eighty (180) days prior to September 30, 2011, this agreement shall be extended on the same terms and conditions providing for an additional term of one (1) year. Said agreement shall continue thereafter for one-year periods unless either party hereto gives one hundred eighty (180) days written notice to the other party that the party does not wish to extend this agreement for an additional one (1) year term. Section 3. Termination and Severance Pay In the event Employee is terminated by the Council before expiration of the aforesaid term of employment, or 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 six month's aggregate salary. All other Employer provided benefits shall continue in full force and coverage for this six month period. In the event Employee is terminated 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 the paragraph or to continue Employer provided benefits, except to the extent that such benefits are required by law of the Personnel Rules and Regulations of the City of Bangor. Section 4. Salary A. Effective July 1, 2011, Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of one hundred four thousand two hundred twenty eight ($118,922) dollars, payable in installments at the same time as other employees of the Employer are paid. B. Employee agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee. Section 5. Performance Evaluation A. The Council shall review and evaluation the performance of the Employee on or about September 30, 2010 and at least every twelve (12) months 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 with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment 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 effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 6. Outside Activities Employee shall not participate in any non -Employer connected business or employment without the prior approval of the Council. Section 7. Vacation and Sick Leave Employee shall have credited to his personal account sick leave at the same rate as other employees of Employer. Employee shall have credited to his personal account twenty (20) days of vacation annually. Vacation leave may be taken by the Employee at any time so long as his absence does not unreasonably interfere with the operations of the City. Section 8. Life Insurance, Other Fringe Benefits A. Employer agrees to pay the required premiums on a term life insurance policy equal in an amount to one (1) times the annual gross salary of Employee. B. Employer agrees to 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 Bangor. C. Employer agrees to provide Employee with a monthly expense allowance of one hundred ($100) dollars to cover miscellaneous out-of-pocket expenses incurred by Employee on City -related business. Employee need not submit receipts for the purpose of documenting such expenses. Section 9. Retirement In addition to the salary to be paid by the Employer to Employee, Employer agrees to pay into the retirement and/or deferred compensation 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 transfer ownership in such plans 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 determine 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. Section 10. Dues and Subscriptions Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and full participation in Maine Town and City Management Association, International City Management Association and National League of Cities. Section 11. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions 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, state and local governmental groups and committees thereof which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. Section 12. Automobile In addition to the basic salary, Employer shall pay Employee three hundred eighty-eight ($388) dollars per month as a car allowance in lieu of a motor vehicle furnished by the City. Employee shall be responsible for paying for liability, property damage and comprehensive insurance and for the purchase, operation, maintenance, and repair of his vehicle. Section 13. Indemnification 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 settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Section 14. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 15. Other Terms and Conditions of Employment The Council, in consultation with the City Manager, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provide such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City Charter, or any other law. Section 16. 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: (1) Employer: City of Bangor 73 Harlow Street Bangor, ME 04401 Attn: Council Chair (2) Employee: Edward A. Barrett 370 Grandview Ave Bangor, ME 04401 Alternatively, 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 Civic 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 17. General Provisions A. The text herein shall constitute the entire agreement between the parties. B. This agreement shall be binding upon and insure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing July 1, 2005. D. If any provision, or any portion thereof, contained in this agreement is held unconstitutional, invalid or unenforceable, 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 WHEREOF, the City of Bangor has caused this agreement to be signed and executed in its behalf by its Council Chairman, and duly attested by its City Clerk, and the Employee has signed and executed this agreement, both in duplicate, the day and year first above written. ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor BANGOR CITY COUNCIL Un Its Chairman Edward A. Barrett