The URL can be used to link to this page

Home My WebLink About2012-02-27 12-095 ORDERCOUNCIL ACTION Item No. 12 095 Date: 2-27-12 Item/Subject: Order, Authorizing the City Manager to Execute an Employment Agreement with Rodney G. McKay for Development Consultant Services Responsible Department: Legal Commentary: This Order will authorize the City Manger to execute an Employment Agreement with Rodney M. McKay for development consulting services. Mr. McKay has been employed by the City for more than 45 years and has expressed an interest in continuing for a brief period after his retirement. Mr. McKay will be working on specific projects as assigned by the City Manager where his knowledge and expertise will be particularly beneficial for the City. The agreement shall be effective April 16, 2012 through June 29, 2012. The terms and conditions of the agreement have been previously reviewed with the City Council. Department Head Manager's Comments: City Manager Associated Information: Order, Agreement Budget Approval: Finance Director Legal Approval: ity Solicitor Introduced for x Passage First Reading Page _ of Referral 12-095 February 27, 2012 Assigned to Councilor -- Baldacci 9� CITY OF BANGOR �A4EEDF6 j (TITLE.) ORDER, Authorizing the City Manager to Execute an Employment Agreement with Rodney G. McKay for Development Consultant Services. By the pity Counal of the City of Bangor. ORDERED, THAT the City Manager is hereby authorized on behalf of the City of Bangor to execute an Employment Agreement with Rodney G. McKay for development consulting services. 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 February 27, 2012 PASSED INTERIM CITY 6LERk # 12-095 ORDER (TITLE,) AUTHORIZING THE CITY MANAGER TO EXECUTE AN EMPLOYMENT AGREEMENT WITH RODNEY G. MCKAY FOR DEVELOPMENT CONSULTANT SERVICES Assigned to Councilor 12 095 EMPLOYMENT AGREEMENT The Employment Agreement made and entered into this day of February, 2012, by and between the City of Bangor, Penobscot County, State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer", and Rodney G. McKay, of Bangor, Maine, hereinafter sometimes referred to as "Employee". WITNESSTH WHEREAS, Rodney G. McKay has a degree of knowledge and experience that would be beneficial to the City of Bangor; and WHEREAS, the City of Bangor desires to avail itself of his services as development consultant for a period of time; and WHEREAS, the parties have reached an 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 Effective April 16'h Employer hereby agrees to employ said Rodney G. McKay to act as the City of Bangor's development consultant (hereinafter "Consultant") on specific projects and initiatives as identified by the City Manager and agreed to by the Employee. Employee's primary duties shall generally relate to, but not be limited to: assisting the City in completing its Main Street Corridor study and Main Street Corridor action plan, assisting the City complete for submission its annual Community Development Block Grant Program (CDBG) Program Objectives and Projected Use of Funds to the U.S. Department and Housing and Urban Development, assisting the City in carrying out its federally funded Community Development Block Grant and Neighborhood Stabilization Programs, negotiating and drafting agreements for City participation in development projects for consideration by the City, assisting the City in carrying out Waterfront plans and improvements, reviewing the City's contract with and mission of the Bangor Airport Civic Development Corporation (BANAIR), assisting the transition to a new director of Community and Economic Development, and other projects and activities as may be assigned by the City Manager. Section 2. Term Employee shall be employed commencing April 16, 2012 until no later than June 29, 2012. Upon mutual agreement of the City and Employee, the term of this contract may be extended. 12 095 Section 3. Salary and Payment As a Consultant Employee shall be compensated for not less than 100 hours of work between April 16, 2012 and no later than May 31, 2012 at an hourly rate of Sixty dollars ($60/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 City Manager. Section 4. Terms and Conditions of Employment Employee agrees and understands that the terms of his employment as community development and economic development consultant to the City of Bangor 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. Section 5. Outside Activities Employee shall be permitted to participate in other employment opportunities or businesses with notification to the City Manager. Such work shall be permitted as long as it does not conflict with Employee's duties and responsibilities as the City's community development and economic development consultant. 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. Section 7. Ownership of Work Products, Materials and Related Documents Employee agrees that all work papers, products, computer disks and files and materials related to the Employee's duties as the City's community development and economic development consultant are the property of the City. The City will provide office space and access to a City provided computer for the duration of this agreement. 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 an alleged act or omission occurring in the performance of Employee's duties as the City's community development and economic development consultant. Employer may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. 12 095 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, including the number of hours to work each week, 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 City 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 Employee: Rodney G. McKay 205 Broadway Bangor, Maine 04401 Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as 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 the parties. B. This Agreement shall be binding upon and inure to the benefit or the heirs at law and executor of the Employee. C. This Agreement shall become effective upon both parties signatures. 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, and shall be affected and shall remain in full force and effect. 12 095 IN WITNESS WHEREOF, the City of Bangor has caused this Agreement to be signed and executed on its behalf by its City Manager, and duly attested by its City Clerk, and the Employee has signed an executed this Agreement, both in duplicate, the day and year first above written. ATTEST: Dianne Lovejoy Interim City Clerk CITY OF BANGOR Catherine M. Conlow City Manager Rodney G. McKay