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Home My WebLink About2009-08-10 09-268 ORDERCOUNCIL ACTION Item No. Date: August 10, 2009 09 268 Item/Subject: Order, Authorizing the the City Manager to Execute and Employment Contract with Robert W. Jarvis, Sr. Responsible Department: Airport Commentary: Robert Jarvis is retiring from his position as Superintendent of Airport Operations in September 2009. The City will hire a replacement, but, in the meantime, there is a need to have someone continue to perform the duties of the position. This Order will authorize the City Manager to enter into an employment agreement for Robert Jarvis to continue in the position on a part-time basis pending the hiring and training of his replacement. He will work no more than 130 hours per month and the agreement will be for one year with the option to extend for up to one additional year if necessary. This will help to ensure a smooth transition in filling the Superintendant of Operations position. This was previously reviewed and discussed by the Council in Executive Session. Department Head Manager's Comments: City Manager Associated Information: Budget Approval: 441!� Q11 Finance Director Legal Approval: City Solicitor Introduced for X Passage First Reading Referral Page of Assigned to Councilor — Stone CI'T'Y OF BANGOR 0"9 '68 August 10, 2009 (TITLE.) ORDER, Authorizing the City Manager to Execute an Employment Contract with Robert W. Jarvis, Sr. WHEREAS, The City operates the Bangor International Airport; and WHEREAS, the operation requires a Superintendent of Airport Operations with certain specialized knowledge, skills, and experience; and WHEREAS, Robert Jarvis is retiring from the position of Superintendent of Airport Operations; and WHEREAS, Robert Jarvis has agreed to work for the City as a Contract employee to continue his duties pending the hiring and training of his replacement. NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, that the City Manager is hereby authorized, on behalf of the City of Bangor, to execute an employment contract with Robert Jarvis 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 August 10, 2009 Motion Made and Seconded for Passage Motion Made and Seconded to Amend by Substitution Motion Doubted Vote: 6-2 Councilors Voting Bronson, Gratwick, and Wheeler Councilors Voting Stone Yes: Blanchette, Hawes, Palmer No: D'Errico and Councilors Absent: Nealley Passed as Amended CLEft A 09-268 (TITLE, A..ti.�r;Tina t hP (`i tF--�er to Execute an Emlovment Contract with Robert W. Jarvis Sr. Assigned to Councilor�J��(/ "'/ 9 42, 68 Employment Agreement THIS EMPLOYMENT AGREEMENT, made and entered into this 14th day of September 2009, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred as an "Employer," and ROBERT W. JARVIS Sr., of Carmel, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires the services of said Robert W. Jarvis Sr. for a fixed term as Superintendent of Airport Operations to the City of Bangor, Airport Department; and WHEREAS, the parties have reached agreement as to the benefits, conditions of employment, and working conditions of said Employee; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1. Duties Employer hereby agrees to employ said Robert W. Jarvis Sr. to perform the functions and duties as Superintendent of Airport Operations. Employee's primary duties shall include, but not be limited to: Unique Dual Rolls, responsible for the operations and supervision of all airport employees within the divisions of Airfield Maintenance, Building Maintenance, Fuel Division, Security and Compliance Division, and Airport Operations. Responsible for compliance with FAR Part 139, 1540 and 1542. Responsible for implementation, monitoring and compliance with Airport Master Plan, Airport Emergency Plan and several Environmental plans. Oversees and assists in the preparation, monitoring and purchasing of annual budget items. Responsible for overseeing the compliance of all Airfield and Building Construction projects; to include, oversight of Government funded contracts. Section 2. Term Employee shall be employed commencing September 14, 2009 through September 13, 2010 unless otherwise terminated pursuant to the terms of this Agreement. Upon mutual agreement of the parties this agreement may be extended for up to an additional one (1) year under such terms and conditions as the parties may agree. It is the understanding and expectation of the parties that the Employer shall actively pursue the hiring of a Superintendent of Airport Operations and that Employee shall fulfill those duties until such time as the Employer hires a Superintendent of Airport Operations and such new employee becomes acclimated to the position. Section 3. Salary and Payment Employee shall be paid on an hourly basis at a rate of Fifty Five dollars ($55/hour) for each hour engaged in the duties described above. The City will withhold State and Federal taxes and FICA tax. Requests for payment of hours worked shall be made weekly to the Airport Director. Section 4. Terms and Conditions of Employment Employee agrees and understands that the terms of his employment as Superintendent of Airport Operations to the City of Bangor, Airport Department 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 supersede the Personnel Rules and Regulations. Employer and Employee agree that Employee shall work pursuant to a schedule determined by the Airport Director, but in no event shall Employee work more than one hundred thirty (130) hours each month. Employee may be terminated upon thirty (30) days written notice in the event of job -related misfeasance or other causes for termination. Employee may also be terminated upon thirty (30) days written notice should the position of Superintendent of Airport Operations be eliminated by action of the Employer's governing body. Section 5. Outside Activities Employee shall be permitted to participate in other employment opportunities or businesses with notification to the Airport Director. Such work shall be permitted as long as it does not conflict with Employee's duties and responsibilities as Superintendent of airport Operations. Section 6. Fringe Benefits Employee shall be eligible for those benefits afforded to employees classified in Section 3.3.4 of the City's Personnel Rules and Regulations, Project Employment including Social Security coverage. r 9 x,68 Section 7. Ownership of Work Products, Materials and Related Documents Employee agrees that all work papers, products, computer disks and files and materials and documents related to the performance of Employee's duties as Superintendent of Airport Operations are the property of the City of Bangor. The City will continue to provide office space and access to a City provided computer for the duration of this agreement. Section 8. Indemnification Employer shall define, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless and otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Superintendent of Airport Operations to the City of Bangor. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 9. Bonding Employer shall 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 Employment The Airport Director, in consultation with the Employee and City Manager, shall fix any such other terms and conditions of employment as may be determined from time to time relating to the performance of 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: (1) Employer: City of Bangor 73 Harlow Street Bangor ME 04401 Attn: City Manager (2) Employee: Robert W. Jarvis 1094 Main Road '.9 12.1 6F J Carmel, Me. 04419 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is prescribed for personal services 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 the parties. 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 September 14, 2009. 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 City Manager, 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) CITY OF BANGOR Edward A. Barrett Date Its City Manager Robert W. Jarvis Date