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HomeMy WebLinkAbout2008-06-23 08-233 ORDERCOUNCIL ACTION item No. 08 233 Date: June 23, 2008 Item/Subject: ORDER, Authorizing the City Manager to Execute a Personal Services Agreement with Horny R. Courtols to Perform the Duties of Labor Relations Officer. Responsible Department: Executive Commentary: This Order will authorize the City Manager to execute a Personal Sernces Agreement with Harry R. Courtois to perform the duties of tabor Relations Officer during a term hem July 1, 2008 through June 30, 2010. Mr. Countess seared in this position on a Full-time basis from 1995 to 2002 and part-time from 2002 to 2008. He has expressed interest In continuing for an additional two years. Mr. Cpurtois will be paid a rate of $70 per hour, including all reimbursable expenses. For the past six years, he has been paid at a rate of $50 per hour plus reimbursement for mileage, meals, tolls, and occasional overnight accommodations. This is the first adjustment in six years. The proposed tens of the Agreement have been reviewed with the City Council in an Executive Session held on June 9" and it is now ready for formal consideration. I recommend your approval. Department Head Manage/scomments: Recommend approval. C.PXICity Manager Associated Infmma"on: Order, Employment Agreement Budget Approval: Finance Direr Legal Approval: Ciftf Solicitor Introducetl for Consent Agenda x passage—Consent Agenda First Reading Referral 08 233 rJ (mid -eAsslgr«+d m Coun� for Bluuchecte Suve 23, zoos CITY OF BANGOR (KYLE.) Order, Authorizing the City Manager to Exearte a Personal Services Agreement with Harry R. Courtols to Perform the Dunes of tabor Relations Mier. ey the Ory Coonci/ of the City ofeengw. ORDERED, THAT the City Manager is hereby authorized to execute a Personal Services Agreement with Harry R. Courtois to perform the duties of labor Relations Officer for the City of ganger fa a term of July 1, 2008 to June 30, 2010 in accordance with the attached Employment Agreement . I6 = COUNCIL Sm 232 2008 Y ed CITY CLQ # 08-233 Execute a Pers ml Service Agtied&.H" ae... ° ss of Le61or Pelarima Officer ' 08 233 FIRST AMENDED Employment Agreement THIS AMENDED AGREEMENT, made and entered into this the day of Septenbef 2003 June. 2008by and between the CITY OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred as a "Employer," and HARRY COURTOIS, of Biddeford, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to extend the services of said Harry Courtois for a fixed term as Labor Relations Officer to 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 partes agree as follows: Section 1. Duties Employer hereby agrees to employ said Harry Courtois to perform the functions and duties as labor Relations Officer. Employee's primary dudes shall Include, but not be limited to: negotiating collective bargaining agreements; grievance hearings and resolution; labor management meetings, as needed; drug and alcohol testing, reporting and related tasks; other union matters/issues requiring assistance or involvement of labor Relations Officer. Employee agrees to assist the City with transition to a permanent labor Relations Officer at the end of the contract period. Position shall continue to report to Assistant City Manager. Section 2. Term Employee shall be employed commencing Jury 1, 30032008 through lune 30, 2094 2010 or until the City fills the position on a permanent basis, whichever is later. At the discretion of the employer, and based upon the hire data of the permanent employee in the position, the June 30x date may be extended for up to an additional 60 days, provided that both parties wish to continue their association. 08 233 Section 3. Salary and Payment Employee shall be paid on an hourly basis at a rate of Seventy dollars $SOMhour for each hour engaged in the duties described above. The City will withhold State and Feral taxes and FICA tax. Requests for payment of hours worked shall be made at least on a monthly basis to the Assistant City Manager. Section 4. Terms and Conditions of Employment Employee agrees and understands that the terms of his employment as Labor Relations macer to the City of Bangor shall be subject to the Cty'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. Section S. Outside Activities Employee shall be permitted to participate In other labor relations employment opportunities or businesses with notification to the Assistant City Manager, Such work shall be permitted as long as it does not conflict with Employee's duties arid responsibilities as Labor Relations Officer. Section 6. Fringe Benefits Employee shall be eligible for those benefits afforded m employees classified in Section 3.3.4 of the City's Personnel Rules and Regulations, Project Employment including Social Security coverage. emixursementfrda 1yWi meals in aaaanee o?th the y�eyiyXlt�il�Nrl�Y�7�dyL . • .. - dF'.�- t301E1af7U1FlI•.. hours worked. The employee is resoonslible for all expenses which may be incurred by the Employee in the performance of his duties inclUdino, but n limited to, mileaae relintfursentunt..z 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 dudes as Labor Relations Officer are the property of the City of Bangor. The City will 08 233 Section S. 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 Labor Relations Officer to the City of Bangor. Employer will compromise and settle any such calm 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 Assistant City Manager, 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 04101 Attn: City Manager (2) Employee: Harry R. Courtois 21 Evanthia DrIw Biddeford ME 04005 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 08 233 as of the data of personal service or as of the data 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 helm at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2883 2008. 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 Clerk CITY OF BANGOR Edward A. Barrett Date Its City Manager Harry R. Courms Date NOTE: Deletions are soldier; additions are underlined.