HomeMy WebLinkAbout2001-11-14 02-30 ORDERSOPHISION OF RILES
02-30
-f W,
A ianedw Couneibr Nwe ,r 14. 2001
ro
t, e CITY OF BANGOR
(TITLE.) Oner, Confirming the City Manager's Appointment of Jonathan Daniels as Director of
Business and Economic Development
By th OW Caund/ of H1e City ofAwWr
ORDERED, THAT
The City Managers appointment of Jonathan Daniels as Director of Business and Economic
Development is hereby confirmed, and the City Manager is authorised to execute an
employment agreement with Jonathan Daniels substantially in the form of the attached
agreement, subject to final approval by the City Solicitor.
IN CTR COUPCIL
Notion Made and Seconded to
Consider C.O. 102-29 Under
Suspension of the Rules
Mules Suspended
Motion Made and Seconded
for Passage
Passed
Q-YTT CL '
N 02-V
)TITLE,) Confirefve tL City Meveeer's
Appointment of dooathen Davfels as Director
of Business end Beonomic Developo¢vt
Assigned! to Csundlor
SUSPUSIOR OF R
02-30
EMPLOYMENT CONTRACT
THIS Agreement, made and entered into this day of
2001, by and between the CITY OF BANGOR(Penobscot
County), State of Maine, a municipal corporation, hereinafter
sometimes referred to as "Employer", and Jonathan T. Daniels of
Denham Springs, State of Louisiana, hereinafter sometimes
referred to as "Employee,.
WITNESSETH:
WHEREAS, the City of Bangor desires to employ the s of
said Jonathan T. Daniels as Director of Business and Economic
Development of 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 Jonathan T. Daniels to
perform the functions and duties of Director of Business and
Economic Development of the City of Bangor as specified under the
Charter and the Ordinances of the City of Bangor and the laws of
the State of Maine, and to perform such other duties and
functions as the City Manager shall from time to time assign.
Subject to the provisions contained herein, Employee shall serve
at the pleasure of the City of Bangor.
Section 2 Term
A. Employee agrees to remain in the exclusive employ of
Employer until January 1, 2003 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 o
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. During the original term of this agreement, Employee may
be terminated only upon thirty (30) days prior written notice.
Employee may also be terminated upon thirty (30) days prior
written notice should the position of Director of Business and
Economic Development be eliminated by action of the Employer's
governing body. Following the original one (1) year term of this
Agreement, this Agreement may be terminated by the Employer for
cause or as provided in Section 2 D below.
SOSEESSIOS OF HOLES
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O. In the event written notice is not given by either party
to this Agreement to the other thirty (30) prior to January 1,
2003 , this Agreement shall he extended on the same terms and
conditions providing for an additional term of one (1) year.
Said Agreement shall continue thereafter for o (1) year periods
unless either party hereto gives thirty (30) days written notice
to the other party that the party does not wish to extend this
Agreement for an additional one (1) year term.
Section 3 Termination and Severance Pay
In the event Employee is terminated by the City Manager
during or at the expiration of the aforesaid term of employment,
r during any extension thereof, and during such time that
Employee iswilling and able to perform his duties under this
Agreement, then in that event Employer agrees to pay Employee a
lump sum cash payment equal to one (1) months' aggregate salary;
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.
Section 4 Salary
A. Employer agrees to pay Employee for his services
rendered pursuant hereto a annual base salary of Seventy-six
n
thousand, nine hundred fortyseven dollars ($96,947), payable i
installments at the same time as other employees of the Employer
e paid. Effective with the first pay period in July 2002, this
salary shall be increased by three (3) percent in accordance with
the annual pay adjustment made to the executive pay range for
this position.
E. Employer agrees to handle future salary increases in the
same fashion as salary increases are handled for other Executive
Level Employees.
Section 5 Performance Evaluation
A. On an annual basis, the City Manager and Employee shall
define such goals and performance objectives as they deem
necessary for the proper operation of the Department of Business
and Economic Development and shall reduce said goals and
objectives to writing. They shall generally be attainable within
the time limitations specified and the annual operating and
capital budgets and appropriations provided.
B. The City Manager shall review and evaluate the
performance of the employee annually on or about the Employee's
anniversary date of employment with the City. More frequent
iews may be held at the discretion of the City Manager. Said
review and evaluation shall be in accordance with the goals and
performance objectives jointly developed by the City Manager and
SOSPBASIM Of ®1.H3
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Employee and the normal standards used to evaluate the
performance of other City employees which are applicable to
Employee's position.
C. In effecting the provisions of this Section, the City
Manager and Employee mutually agree to abide by the provisions of
applicable law.
D. Employee agrees and understands that the terms of his
employment as Director of Business and Economic Development 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 6. Outside Activities
Employee shall not participate in any non -Employer connected
business or employment without the prior approval of the City
Manager. Such approval shall not be unreasonably withheld as
long as the employment in question does not conflict with
Employee's duties and responsibilities as Director of Business
and Economic Development.
Section 9. Relocation Excesses
Employee shall be reimbursed, or Employer shall pay
directly, for all expenses for the relocation of Employee, his
family, his household goods and personal property from Denham
Springs, Louisiana to Bangor, Maine. Said relocation expenses
shall include reimbursement to Employee for his private auto
mileage and incidental expenses for travel to Bangor with one
vehicle. Such expenses shall also include up to ninety (90)days
storage fees for household goods. Employer shall also reimburse
employee for one additional trip to Bangor for purposes of
purchasing or otherwise obtaining a family residence, such
reimbursement to include expenses associated with employee's
spouse.
Eggaion 8. Mortgage Payments
Should employee be required to make double payments forhis
residences in Denham Springs, Louisiana and Bangor, Maine during
the period from January 1, 2002 through March 31, 2002, Employer
will reimburse Employee for up to three (3)months of the
Employee's existing mortgage or housing payments in the Bangor
area, whichever is lesser, to avoid duplicate housing payments.
In the event Employee's home in Denham Springs, Louisiana is sold
in less than three (3) months, payments will be made by the City
for the period in which duplicate housing payments are required.
Section 9vacation and Sick Leave
On the commencement of this Agreement, Employee Shall be
credited with five (5) days of vacation leave and five (s) days
of sick leave. Thereafter, Employee shall have credited to his
personal account, sick leave at the same rate as other employees
of Employer. Employee shall have credited to his personal
account fifteen (15) days of vacation per year for the first six
(6)full years of employment. Thereafter, vacation shall accrue
s
at the same rate a other employees of the Employer. Vacation
leave may be taken by the Employee at any time so long as his
absence does not unreasonably
nably interfere with the operations of
the City and such leave is approved in advance by the City
Manager.
Section 10 Fringe Benefits
Employer agrees to provide Employee with all categories of
fringe benefits in the same amounts and coverages a e provided
from time to time by Employer to other employees of the City of
Bangor except as noted elsewhere in this Agreement.
Section 11 Retirement
In addition to the salary to be paid by Employer to
Employee, Employer agrees to pay into the ICMA-401-A program an
amount equal to 8.0& of salary.
Section 12Automobile
In addition to the basic salary, Employer shall pay employee
monthly vehicle allowance of Three hundred ($300) dollars i
lieu of a motor vehicle furnished by the City. Employee shall be
responsible for paying for liability, property damage, and
comprehensive insurance and for the purchase, operation,
maintenance add repair of his vehicle. This Section shall not
preclude Employee's use of a City -owned vehicle from time to time
as may be necessary and appropriate to fulfil his duties.
Section 13 Indemnificatio
Employer shall defend, ss e harmless and indemnify Employee
against any tort, professional liability claim or demand or other
legal action, whether groundless or otherwise, arising out of an
alleged act or omission occurring in the performance of
Employee's duties as Director Of Business and Economic
Development. Employer will compromise and settle any such claim
or suit and pay the amount of any settlement or judgement
rendered thereon.
Section 14 Bonding
Employer shall bear the full cost of any fidelity or other
bonds required of the Employee under any law or ordinance.
Section 15other Terms and Conditions f Employment
SOSPSSSION OF NNLE$
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The City Manager, in nsultation 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. Employee shall establish residence
within the corporate limits of the City of Bangor on or before
January 1, 2003.
Section 16, Notices
Notices pursuant to this Agreement shall be given by deposit
n the custody of the United Staten Postal Service, postage
prepaid, addressed as follows:
(1) Employer: City of Bangor
73 Harlow Street
Bangor, ME 04401
Attm City Manager
(2) Employee: Jonathan T. Daniels
9951 West Summerfield Drive
Denham Springs, Louisiana 70726
Alternatively, notices required pursuant to this Agreement
may be personally served in the same
manner as prescribed for
e
personal s of process under theMaineRules of Civil
Procedure.Notice shall be deemed given as of the date of
personal service or
aof the date of deposit of such written
notice in the course of transmission in the United States Postal
Service.
Section 17 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 comencing January
1, 2002 or when Employee assumes the position of Director of
Business and Economic Development, whichever shall occur first.
D. If any provision, or any portion thereof, contained in
this Agreement is held unconstitutional, invalid o
enforceable, 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
SOSF®SIW OF UIRS
02-M
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 Solicitor
CITY OF BANGOR
By:
Edward A. Barrett
City Manager
Jonathan T. Daniels