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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 02-30 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 02-30 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 ($300) dollars i lieu of a motor vehicle furnished by the City. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance and for the purchase, operation, maintenance add repair of his vehicle. This Section shall not preclude Employee's use of a City -owned vehicle from time to time as may be necessary and appropriate to fulfil his duties. Section 13 Indemnificatio Employer shall defend, ss e harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as Director Of Business and Economic Development. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgement rendered thereon. Section 14 Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 15other Terms and Conditions f Employment SOSPSSSION OF NNLE$ 02-30 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