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HomeMy WebLinkAbout2014-09-08 14-294 ORDERCOUNCIL ACTION Item No. 14-294 Date: September 8, 2014 Item/Subject ORDER, Confirming the Appointment of John Theriault as City Engineer and Authorizing the Execution of an Employment Agreement. Responsible Department: City Manager's Office Commentary: This Order will confirm the City Manager's appointment of John Theriault as City Engineer for the City of Bangor, and will authorize the execution of an employment agreement. Mr. Theriault has worked as Senior Project Manager for James Sewall Company for the past five years. Prior to that, he was employed by Ames A/E Architects and Engineers for eight years as Senior Civil/Traffic Engineer. He also worked for Kimball Chase Company as Civil/Highway Engineer and the New York State Department of Transportation as Civil Engineer for nearly eight years. Mr. Theriault has an Associates Degree in Civil Engineering Technology and a Bachelors of Science Degree in Civil Engineering from the University of Maine. He is a Registered Professional Engineer (PE) in Maine, New Hampshire and Vermont and is a Professional Traffic Operations Engineer (PTOE). Mr. Theriault is also LEED Certified (Leadership in Energy and Environmental Design). This appointment has been reviewed with the City Council in Executive Session. Department Head Manager's Comments: I recommend your confirmation of this appointment and authorization to execute the employment agreement. h.,-,cx� City Manager Associated Information: Order, Employment Agreement Budget Approval: Legal Approval: Introduced for X Passage First Reading Referral Finance Director Page 1 of 1 14-294 SEPTEMBER 8, 2014 Assigned to Councilor Baldacci CITY OF BANGOR (TITLE.) ORDER, Confirming the Appointment of John Theriault as City Engineer and Authorizing Execution of an Employment Agreement. BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the appointment of John Theriault as City Engineer is hereby confirmed and the City Manager is authorized to enter into an employment agreement, a copy of which is attached hereto. IN CITY COUNCIL SEPTEMBER 8, 2014 MOTION MADE AND SECONDED FOR PASSAGE PASSED CITY CLERK 14-294 SEPTEMBER 8, 2014 EMPLOYMENT CONTRACT THIS Agreement, made and entered into this day of September, 2014, by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as 'Employer", and John Theriault, of Bangor, State of Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the services of said John Theriault as City Engineer of the City of Bangor; 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 John Theriault to perform the functions and duties of City Engineer 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 City Manager shall from time to time assign. Subject to the provisions contained herein, Employee shall serve at the pleasure of the City Manager. Section 2. Term A. Employee agrees to remain in the exclusive employ of the Employer until September 9, 2016, 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 thirty (30) days notice to Employer, subject only to the provisions set forth in Section 3 of this Agreement. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the services of Employee at any time, upon thirty (30) days notice to Employee, 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 September 9, 2016, 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 (1) year period unless either party hereto gives thirty (30) days written notice 14-294 SEPTEMBER 8, 2014 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 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 t_o pay_Emplo_y_ee.a_lump_sum_cash payment_equal to_one_(1) .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 the extent that such benefits are required by law of the Personnel Rules and Regulations of the City of Bangor. Section 4. Salary A. Employer agrees to pay Employee for his services rendered pursuant to the Executive pay schedule of the City of Bangor with an initial annual base salary of eighty-two thousand five hundred eighty-two and 501100 ($82,582.50) dollars (Executive Pay Grade 3, Step 4), payable in installments at the same time as other employees of the Employer are paid. B. Employer agrees to pay Employee's State of Maine Professional Engineering Registration License Fees. C. Employer agrees to handle future salary increases 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 necessary for the proper operation of the Engineering Department and shall reduce said goals and objectives to writing. They shall generally be attainable within the time limitations specified in the annual operating and capital budgets and appropriations provided. B. The City Manager shall review and evaluate the performance of the Employee annually on or about the Employee's date of hire as City Engineer with the City. More frequent reviews may be held at the discretion of the City Manager. 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 14-294 SEPTEMBER 8, 2014 employees which are applicable to Employee's position. A work plan for the first year will 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 City Engineer shall be subject to the City's Personnel Rules and Regulations as they currently exist and as they may be modified from tine to time except where provisions of this Agreement modify or supersede the Personnel Rules and Regulations. 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. Fringe Benefits Employer agrees to provide Employee with all 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 at the Executive level. On Employee's effective date of hire he shall be credited with one (1) week of vacation and with one (1) week of sick time. Sick time shall accrue at the schedule as established in the City's Personnel Rules and Regulations. Employee shall accrue three (3) weeks of vacation time annually until the completion of six (6) years of employment and shall thereafter accrue as established in the City's Personnel Rules and Regulations. Section 8. 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 any alleged act or omission occurring in the performance of Employee's duties as City Engineer. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment 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 City Manager, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine 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. 14-294 SEPTEMBER 8, 2014 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, Maine 04401 Attn: City Manager (2) Employee: John Theriault 64 Harthorn Street Bangor, Maine 04401 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 Name 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 9, 2014 or when Employee assumes the position as City Engineer, whichever shall occur first. 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. CITY OF BANGOR Catherine M. Conlow City Manager John Theriault ATTEST: City Clerk (Seal) APPROVED AS TO FORM: City Solicitor 14-294 SEPTEMBER 8, 2014