Loading...
HomeMy WebLinkAbout2011-03-14 11-103 ORDERItem Mo. I i :A,' 3 Date: March 14, 2011 Item/Subject: Order, Authorizing the City Manager to Execute an Employment Agreement with James D. Ring for Consulting Engineer Services Responsible Department: Executve Commentary: This Order will authorize the City Manager to execute an employmen' agreement with James D. Ring to perform the duties of Consulting Engineer. Mr. Ring has served the City for more than 36 years as City Engineer and has expressed interest in continuing in a limited part-time role. Mr. Ring will be working on specific projects as assigned by the City Manager where his knowledge, experience and expertise would be beneficial for the City. The agreement is for an Initial period of one year, with two one- year extensions with mutual agreement between parties, and the rate of pay is $70/hour. The proposed terms of the Agreement have been reviewed with the City Council in a recent Executive Session, and it is now ready for formal consideration. Department Head Manager's Comments: Approval is recommended City Manager Associated Information: Order, Employment Agreement Budget Approval: Legal Approval: Qty Solicitor Introduced far X Passage — Consent Agenda First Reading Page _ of _ Referral 11 103 A ignetl b Courcli« _ GtaMck Matc114. 2011 A CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Execute an Employment Agreement with James D. Ring for Consulting Engineer Services By the City Counal of the Cny of Bangor. ORDERED, THAT the City Manager is hereby authorized to execute an Employment Agreement with James D. Ring for Consulting Engineer services for an initial term of one year, in accordance with the terms and conditions of the attached Agreement IM Un C0D9CIL March 15, 2011 Motion Made and Seconded for Passage Passed y C S�CLBRH�/ 13 -Ing I (1dTL&I Aurhoriafag rhe City Manager [o & ecute au 0 Ioyment Agreeseul vlth dares D. Ring for Cooeultl Engineer Services Employment Agreement THIS EMPLOYMENT AGREEMENT, made and entered into this _ day of March 2011, by and between the CIN OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred as a "Employer," and JAMES D. RING, of Orrington, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, James D. Ring has a depth and breadth of experience in numerous significant projects within the Oty of Bangor, and WHEREAS, the City of Bangor desires to avail itself of his services as Consulting Engineer for a period of time; 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 parms agree as follows: Section 1. Duties Employer hereby agrees to employ said James D. Ring to act as the City of Bangor's Consulting Engineer 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 newly hired Public Services Director during transition if necessary, the proposed Arena Project, Penobscot River Coal Tar Remedlation Project; and representing and furthering the City's positions with the Maine Department of Environmental Protection, United States Environmental Protection Agency and Maine Department of Transportation for such initiatives as continued development of the waterfront, CSO negotiations and BACTS. Section 2. Term Employee shall be employed commencing upon execution of this agreement for a period of one year. Upon mutual agreement of the employer and employee, the term of this contract may be extended for up to two (2) additional one year periods. SS ',03 Section 3. Salary and Payment Employee shall be paid on an hourly basis at a rate of Seventy dollars ($70/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 CityManager. Employee will be responsible for his own licensing, continuing education, incidental imState travel and cell phone costs. Section 4. Terms and Conditions of Employment Employee agrees and understands that the terms of his employment as Consulting Engineer 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 Regulators. Employee will report directly to the City Manager, Employer anticipates engaging employee on average 15 hours per week with specific assignments made directly by the City Manager. Section S. Outside Activities Employee shall be permitted to participate In other employment opportunities or businesses with notification to the City Manager. Such work shall be pennitted as long as it does not conflict with Employee's duties and responsibilities as Consulting Engineer. 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 and documents related to the performance of Employee's duties as Consulting Engineer 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 U .os Section & 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 ad or omission occurring in the performance of Employee's duties as Consulting Engineer 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 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 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 31. 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 Al City Manager (2) Employee: lames D. Ring 32 Spruce Hallow Ovington, ME 04474 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 or 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. U '.03 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 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, 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) CRY OF BANGOR Catherine Carlow Date Its City Manager James D. Ring