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Home My WebLink About2003-09-22 03-299 ORDERItem No. 03-299 Date: 9-22-03 IDem/Sub)ecto ORDER, Authorizing the City Manager to Extend an Employment Agreement with Rani R. Courtois for tabor Relations Services. Responsible Department: Executive Commentary: Harry Courtois has served as the City's tabor Relations macer on a part-tlme basis since April 2002. Previous to that time, Harry served in the same capaaty as a full-time employee for six years. Harry has expressed interest in mn0nuing with me City and this Order would extend his employment with the City through June 30, 2009 under the same general terms and conditions as the current agreement. This agreement has proved beneficial Por both the City and Mr. Courtois and the extension will formalize the arrangement. This has been reviewed! in Fxeardve Session with the. City Caunal and is presented frp YyouurrraagPpmval, b/N�)g2, e>'l/WDM r Department Heatl Managers Comments: Recommend approval. 7/FPS Yb City Manager Associated Information: Of* �a Bud9M Approval: trG,( France Director City Solicitor z Passage(Consent) _First Reading Page— of-Referral 03-299 A56igMdNCowcilp Ayy¢o September 22, 2003 try CITY OF BANGOR (TITLE.): ORDER, Authorizing the City Manager to Extend an Employment Agreement with Harry R. Cautious for Labor Relations Services By the Ory CounnV ofthe O'ty of Bangor. ORDERED, THAT the City Manager is authorized to extend an employment agreement with Harry R. Counois Por the purpose of providing a variety of Labor Relations Services to the City of Bangor, as more fully desor bed in the attached agreement. in Crw COOncn sepcemet 22, 2003 9 Passed N 03-299 C CLQ. 0RORR (TITLE) A..cmx; cm c-cv x="=a Extend an Emp109oevt Agreement with 9atry R. Courto" for labor Relations Set Vices Assigned to Councilor Or'I fiwffpgl Employment Contract THIS AGREEMENT, made and entered into this _ the day of September 2003, by and between the CIT' 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 ro as "Employee." WRNESSETH: WHEREAS, the City of Bangor desires to extend the services of said Harry Courtois for a fixed term as tabor 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 parties 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 duties shall Include, but not be limited m: negotiating collective bargaining agreements; grievance hearings and resolution; labor management meetings, as needed; drug and alcohol testing, repomng 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 contractperiod. Position shall continue toreportto Assistant City-- --- — - - -Manager. --. _._. _._ —_ -" — _. --. .. Section 2. Term Employee shall be employed comm eking July 1, 2003 through June 30, 2004 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 date of the permanent employee in the position, the June 3& dabs may be intended for up to an additional 60 days, provided that both parties wish to continue their association. 03-299 Section 3. Salary and Payment Employee shall be paid on an hourly basis at a rate of;50/hour for each hour engaged in the duties described above. The City will withhold State and Federal fazes and FICA tax. Requests for payment of hours worked and reimbursable expenses 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 Officer to the City of Bangor shall be subject to the OWs 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 Ruin and Regulations. 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 confild With Employee's duties and responsibilities as labor Relations Officer. Section 6. Fringe Benefits Employee shall be eligible for Nose benefits afforded to employees classified in Section 3.3.4 of the City's Personnel Rules and Regulations, Project Employment including Social Security coverage. Mileage reimbursement at the City's established rate (currently 33.5 ceras per mile) will be made for travel necessary from Employee's home to Bangor. Should work involve an overnight stay in Bangor and meals, Employee may elect actual reimbursement or per diem reimbursement for maids in accordance with the provisions of the City's travel -- policy. 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 Labor Relations Officer are the property of the City of Bangor. Section S. Indemnification 03-299 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 tabor Relations Officer 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 Assistant City Manager, In consultation with the Employee and City Manager, shall fix any such other tens 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 09901 Attn: City Manager (2) Employee: Harry R. Courtbis 21 Eanthla Drive Biddeford _ME09005.. _ 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 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 heirs at law and executors of Employee. C. This Agreement shall become effective commencing July 1, 2003. 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) ns :._c.7st Edward A. Banett Date Its City Manager Harry R. Courlois Date 03-299