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Home My WebLink About2001-04-23 01-191 ORDERtouxCILACIIox Itam No Ol`]gl Data: ger 10 to Itemf Subject:Order, D'Errizlnq[M1e City Manager to Enter Into an Employment Agreement Between the City at Bangor and peter nt; sty. Reaporuible Department: sty Manager A separate potion on tonight's agelde will confirm the appointment of Rebeca Hupp as Acting Director of Bangor International Airport. ThIs order will authorize an employment agreement wall Peter D'Errico to serve as Special Assistant W the Director of Bangor International Airport. As we are all aware, Peter has previously served as Airport Director and has most recently thean employed by We CRY In our Economic Development Division. His presentt cn Cby stag offers an opportunity W reassign him W the Airport W Provide assistance: both an, the Acting Director and also as we transition W a pennoment director. His wealth of experience in Airport Management as well as his knowledge of Ne community and City operations will allow peter to assist the Airport thi this bansition. In addition to providing general support, assistance, and advice to due Airport Operator, Pete will also be involved In community relations and mareasO all liaison activifles between the Airport and such chi functions as economic development, marketing, and intergovernmental relative. He will also remain available W continue W work on projects with which he has been involved in Crywideeconomic development. I recommend your approval of the attari order. JuPdruncrE "arm Manager's Comments: pry Manager Associated! lnformffiion:Order, employment agreement Budget Approval: Finance Director Legal Approval: olpf Introduced for X passage _ First parading page_ a Referral 01-191 l AWignMWC0u0Clbf Tremble April 23, 2001 CITY OF BANGOR (TIRE.) Order, AuthonAng the City Manager to Enter Into an Employment Agreement Between the City of Bangor and Peter D'Errico Byte oly Cou/KI/Ofthe Oty OfPdngoir. ORDERED, THAT The City Manager is hereby authorized to enter into a one-year fixed term employment with Peter D'Emw to serve as Special Assistant to the Director of Bangor International Airport. This agreement shall be effective as of May 1, 2001. IP CITY COUNCIL April 23. 2001 fiction for Passage Made and Seconded Passed � CITY G4.8RR (TITLE,) s. ., enter Into an eopiornent Agreenenc Dedreen to, city of Dan¢ot and Peter D'erilco Assignin! to Councilor u4 THIS Agreement, made and entered into this _ day of 2001, by and between the CIT' OF BANGOR (Penobscot County), State of Maine, a municipal corporation, hereinafter sometimes referred to as "Employer," and Peter D'Enico of Bangor, Maine, hereinafter sometimes referred to as "Employee." WITNESSETH: WHEREAS, the City of Bangor desires to employ the service of said Peter D'Errico for a flood one year term as Special Assistant to the Director of Bangor International Airport; 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 Peter D'Errim to perform the functions and duties of Special Assistant to the Director of Bangor International Airport. Employee's primary duties shall include, but not be limited to, the following: general support, assistance, and advice to the Director or Acting Director of Bangor International Airport; community relations and community outreach; liaison activities between the Airport and other City Departments and personnel regarding development activities, state and federal relations, marketing, and other assigned areas; and such other duties and functions as the Airport Director shall from time to time assign. In addition, Employee may be assigned certain duties relating to work begun by Employee in his previous position as Economic Development Officer for the City of Bangor. Subject to the provisions contained herein, Employee shall serve at the pleasure of the City of Bangor. Section 2. Term A. Employee shall be employed for a fixed term of one year and agrees to remain in the exclusive employ of Employer until May 1, 2002, 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 Employer, subject only to the provisions set forth in Section 3 of this Agreement. Section 3. Termination and Severance Pav In the event Employee is terminated by the City Manger during the aforesaid term of employment and during such time that Employee is willing and able to perform his dudes under this Agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to one (1) month's aggregate salary and benefits; provided, however, that in the event Employee is terminated because of his conviction of any illegal act involving personal gain to him, then, in that event, Employer shall have no obligation to pay the aggregate severance sum designated in this paragraph. SecYion4. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of forty-nine thousand six hundred forty seven dollars ($49,697) payable in installments at the same time as other employees of the Employer are paid. Section 5. Terms and Condition of Emolovment Employee agrees and understands that the terms of his employment as Special Assistant to the Director of Bangor International Airport shall be subject to the Citys 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 6. Outside Activities Employee shall not participate in any non -Employer connected business or employment without the prior approval of the Airport Director. Such approval shall not be unreasonably withheld as long as the employment in question does not conflict with Employee's dudes and responsibilities as Special Assistant to the Director of Bangor International Airport. Section 7. Vacation and Sick Leave On the commencement of this Agreement, Employee shall be credited with five (5) days of vacation leave and five (5) days of sick leave. Thereafter, Employee shall have credited to his personal amount, sick leave at the same rate as other employees of the Employer and vacation leave at the rate of fifteen (15) days per year. Vacation leave may be taken by the Employee at any time so long as his absence does not unreasonably interfere with the operations of the City and such leave is approved in advance by the Director of Bangor International Airport. Section S. 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 except as noted elsewhere in this Agreement. Section 9. Retirement Employee shall participate in the City's ICMA 401-A program. Employer shall contribute an amount equal to 8% of Employee salary to this program to be matched by an Employee contribution of 6.5%. Section 10. 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 Special Assistant to the Director of Bangor International Airport Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 11. Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Silloon 12 Other Terms and Conditions f Emploment The Director of Bangor International Airport, 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. Employee agrees to maintain residence in the City of Bangor for the term of his employment. - Section 13 Other Benefits. Employer shall reimburse Employee for his health insurance premium costs in - lieu of the health insurance options provided to other full-time employees of the City. Section 14, 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 ATTN: City Manager (2) Employee: Peter D'Ernm 36 Meadowbrook Road Bangor, Me 04401 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 date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 15. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall he binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing May 1, 2001. 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 Qty of Bangor has mused 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) APPROVED AS TO FORM: City HdWr BANGOR CM COUNCIL By: Edward A. BaM City Manager Peter D'Emco