HomeMy WebLinkAbout1999-04-12 99-154 ORDERCOUNCIL. ACTION
Item No. 9A156
Date April 12 1999
Item/Subject: Authorizing City Manager to Execute Personal Services
Contract with Robert E. Wilson
Responsible Department: Legal
Robert Wilson has been employed by the City and working at Bass
Park since 1989. He does maintenance, messenger service and
watchman duties as well as other odd jobs. He lives in his trailer
located at Bass Park.
The Bass Park Committee recommended approval at its March 18th
meeting.
Manager's Comments:
Associated Information: Contract
DepdTiment Hedd
OF
City Bo11C itOr
Int rodu�ed For
�_ Passage
First Reading
Referral Page I_ of 7
Auigned to CowcOor Palmer April 12. 1999
CITY OF BANGOR
(TITLE.) Qorber, ................. Authoriz nA City Manaqer to Execute _Personal,
Services Contract with Robert E. Wilson
By W CBy Onmag of GlMNBm .
O&DMD,
TMT
the City Manager is hereby authorized and directed to
execute a personal services contract with Robert E. Wilson, Grounds
Custodian at Bass Park, for an initial term of one year. A copy of
the contract is attached hereto.
IN CITY MMUL
iyri1 m; 1999--
mtion for Pas§age Nelle and
Seconded
Passed
CI C1.8gN
99-156
ORDER
Title, .Wtboriaing CStP N get is
E emote Personal Services Contract
ritb Robert E. Nilson
......................................
......................................
tC U.
Ae Pi to
G pArUA.
0
ILIAUTC61 �4i�711�i
April 15, 1999
TO: Gail Campbell, Clerk
FROM: Terri Corey, Legal Department
RE: Emolovment Contract — Robert Wilson
In accordance with Council Order #99-154 passed by the Bangor City
Council, enclosed please find a copy of an executed employment contract between
the City of Bangor and Robert Wilson. The original has been placed in Mr.
Wilson's personnel file.
tc
Enclosure
pc: Barbara Pepin w/original
Mdce Dyer, Bass Park Director w/copy
Robert Wilson, Bass Park w/copy
Bob Farrar, Asst. City Manager w/o copy
99-156
Assigned io Councilor Palmer April 12. 1999
_> CITY OF BANGOR
(TITLE.) (Orberr, ..... A thorizigg City Manager to Execute, Personal
Services Contract with Robert E. Wilson
By the City Coernll of the City of Beeper:
ORDEREDo
THAT
the City Manager is hereby authorized and directed to
execute a personal services contract with Robert E. Wilson, Grounds
Custodian at Bass Park, for an initial term of one year. A copy of
the contract is attached hereto.
IN CITY COUNCIL
April 12, 1999
Passed
A True Copy. Attest:
n� a
PERSONAL SERVICES CONTRACT
THIS CONTRACT, made and entered into this 1st day of March,
1999, by and between the CITY OF BANGOR (Penobscot County), State of
Maine, a municipal Corporation, hereinafter sometimes referred to as
"the City", and ROBERT E. WILSON of Bangor, Penobscot County, Maine,
hereinafter sometimes referred to as "Contractor."
WITNESSETH:
WHEREAS, the City desires to hire the services of said Robert
E. Wilson as grounds custodian for the City's Bass Park Complex; and
WHEREAS, the parties have reached agreement as to the terms
and conditions of Contractor's hire by the City,
NOW, THEREFORE, in consideration of the mutual Covenants
herein contained, the parties agree as follows:
Section 1. Services
Contractor hereby agrees to perform services
s grounds
custodian for the City's Bass Park Complex. Contractor's services as
grounds custodian shall consist of the following:
(1) General outside maintenance of the Bass
Park Complex, as needed.
(2) Trailer park custodian.
(3) Collection of Camper rents from
overnight occupants of the Bass Park
trailer park.
(4) Messenger services
ces for the General
Manager of the Bass Park Complex and his
staff.
(5) General overnight and night watchman
duties during hours when the Bass Park
Complex or facilities are
not open to
the public. During such hours,
Contractor shall be alert for any
suspicious or unusual activity.
Contractor shall make random patrols of
the grounds of the Bass Park Complex as
Contractor, in his discretion, deems
necessary, and shall report any
suspicious or unusual activity to the
Bangor Police Department or Fire
Department, as appropriate. Contractor
shall not be responsible to respond
personally to any situation involving
suspicious or unusual activity.
(6) Miscellaneous duties related to
operation and exterior maintenance of
the Bass Park Complex as assigned by the
General Manager or the General Manager's
designee. For this purpose, Contractor
shall be deemed to be on call seven days
per week, whenever physically present on
the grounds of the Bass Park Complex.
In performing services required under this Contract, Contractor shall
have no fixed hours of employment, but shall work on an as -needed
basis. However, Contractor shall not be required to perform services
under this Contract for more than forty (40) hours per week or more
than ten (10) hours per day. on-call periods shall not be counted as
hours worked unless Contractor is performing actual services or
making actual patrols of the grounds. Subject to the provisions
contained herein, Contractor shall serve at the pleasure of the
General Manager of the Bass Park Complex.
Section 2. Term
This Contract shall be deemed effective upon execution by the
Parties and shall remain in force for an initial term ending February
29, 2000. This Contract shall be annually renewable thereafter upon
the same terms and Conditions, upon agreement of the Contractor and
the Bess Park Complex General Manager.
Nothing in this Contract shall prevent, limit or otherwise
interfere with the right of either party to terminate this Contract
upon thirty (30) days written notice, subject only to the provisions
set forth in Section 3 below.
Section 3. Termination and Severance Pay
Nothing in this Contract shall be deemed to limit the right of
the City to terminate the Contract for cause. For this purpose,
"cause" shall include, but not be limited to, Contractor's refusal or
physical inability to perform the services required hereunder or
other applicable cause as provided in Rule 24(b) of the City's
Published "Personnel Rules and Regulations" for its regular
employees.
In the event this Contract 1s terminated by the City before
expiration of the initial term, or any renewal term, and at such time
that Contractor is willing and able to provide services under this
Contract, then in that event the City agrees to pay Contractor a lump
sum cash payment equal to one (1) month's aggregate compensation,
calculated at 40 hours per week as provided below; provided, however,
that in the event Contractor is terminated for cause, the City shall
have no obligation to pay the severance a= designated in this
paragraph.
Page 2
Section 4. Compensation
The City shall pay to Contractor as total compensation for all
services provided under this Contract an amount eQ al t0 the number
of hours in which Contractor actually performed services as Provided
in Section 2 above, multiplied by an hourly compensation rate of
$5.40 per hour. Said amounts shall be paid by the City weekly, one
eek in arrears. Total compensation to the Contractor for services
provided under this Contract shall not exceed $220.00 per week. As
Provided in Section 2 above, on-call time shall not be included in
the calculation of hours for which Contractor is entitled to
compensation, unless Contractor is actually performing services or
Patrolling the grounds during such time.
Section 5. Contractor's Residengg, Expense Reimbursement
During the term of this Contract, and for the convenience of
the City, Contractor shall reside on the grounds of the Bass Park
Complex. Contractor's residence shall consist of a 1964 12x65 New
Moon mobile home owned by the Contractor presently located upon the
grounds of the Bass Park Complex. For this purpose, the City shall
provide the following items at no cost to the Contractor: a mobile
home lot, with sewer, water and electrical utility connections. The
mobile home lot and utility connections shall comply with all
applicable City of Bangor codes and ordinances. The City shall pay
all sewer, water and electrical utility charges incurred by the
Contractor in maintaining Contractor's residence on the grounds of
the Bass Park Complex. The Contractor shall provide and hereby
agrees to be responsible for the cost of the following items: all
fuel oil and propane gas consumed by the Contractor; maintenance and
repair of the Contractor's mobile home; ordinary maintenance of the
City's mobile home lot; fire and other insurance on the Contractor's
mobile home and its contents; and Contractor's monthly telephone
expenses. Contractor also agrees to pay when due all real estate and
personal property taxes assessed by the City of Bangor in its
capacity as a municipal taking authority upon Contractor's mobile
home.
The City further agrees to pay to Contractor, as a total
reimbursement for all costs incurred by the Contractor i maintaining
his residence on the grounds of the Bass Park Complex, the a= of
$75.00 per week. This sum shall be paid in addition to compensation
provided under Section 4 above. Contractor agrees not to seek
reimbursement from the City of any residential expenses incurred by
Contractor in excess of $75.00 per week.
Section 6. R b'1 d Personal PrcDertV
Upon final expiration of this Contract, or upon termination by
either party, Contractor shall be permitted to remove his mobile home
and all personal property from the Bass Park Complex. In the event
Contractor shall fail to remove his mobile home or any personal
property within ninety (90) days following such expiration o
termination, all property not so removed shall be deemed abandoned,
and shall become the property of the City Of Bangor, to be disposed
of as the City may see fit.
Page 3
" Section 7. Taxes, Health Insurance, Social Security and
Excitement
The City shall withhold from Contractor's weekly compensation
all amounts required to be withheld for Maine or Federal income taxes
n the manner provided by law. Contractor shall be responsible to
obtain and pay the cost of any health insurance
rage, and shall
not be enrolled in the City's health insurance Plan. Contractor
shall be responsible for payment of any Federal self-employment,
social security or similar tax that may be due on the amounts paid to
Contractor under this Contract. Contractor shall not be enrolled in
the City's participating local district plan under the Maine State
Retirement System, it being the parties' understanding that
Contractor is exempt from enrollment in the Maine State Retirement
System by virtue of Contractor's current retired status.
Section S. Workers' Camnen Eat on
During the term of this Contract, the City shall obtain or
Provide workers compensation coverage for the Contractor with respect
to the services provided hereunder, in the manner provided by law.
For purposes of calculating Contractor's "average weekly wages" under
provisions of the Maine Workers' Compensation Act Of 1992 (39-A
M.R.S.A. 5 101 et seg.), it is agreed that mobile home lot, utilities
and expense reimbursement provided to Contractor by the City of
Bangor under Section 5 above shall have an aggregate total value of
$150.00 per week.
Section 9. Automobile
In performing messenger
enger and other services under this Contract
for the City, Contractorshall be permitted to use his personal
automobile. In the event Contractor chooses to use his personal
automobile in providing those services, the $75.00 weekly expense
reimbursement provided In Section 5 above shall be deemed to include
a full reimbursement of Contractor's mileage and other automobile
expenses.
Section 10. Notices
Notices pursuant to this Contract shall be given by deposit in
the custody of the United States Postal Service, postage prepaid,
addressed as follows:
(1) The City: City of Bangor
73 Harlow Street
Bangor, ME 04401
Attention: City Manager
(2) The Contractor: Robert E. Wilson
100 Button Street
Bangor, ME 04401
Page 4
* Alternatively, notices required pursuant to this Contract may
be Personally served in the same manner as is prescribed for personal
service 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 11. General Provisions
A. The text herein and the incorporated Provisions of Rule
24(b) of the City's published "Personnel Rules and Regulations" shall
constitute the entire agreement between the parties.
B. This Contract shall be binding upon and inure to the
benefit of the heirs at law and executors of Contractor.
C. If any provision, or any portion thereof, Contained i
this Contract is held unconstitutional, invalid o unenforceable, the
remainder of this Contract, 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
Contract to be executed in its behalf by its City Manager, and duly
attested by its City Clerk, and the Contractor has executed this
Contract, both in duplicate, the day and year first written above.
CITY OF BANGOR
(BY) Yd/U4A IbI/tt/o
Edward A. Barrett
Its City Manager
ATTEST:
UrE. c pb 1l
Clerk (Seal)
APPROVED AS TO FORM:
A
Erik M. Stumpf el
City Solicitor
✓ Y'
Robert E. Wilson
Page 5
99-156
PERSONAL SERVICES CONTRACT
THIS CONTRACT, made and entered into this let day of March,
1999, by and between the CITY OF BANGOR (Penobscot County). State of
Maine, acipal corporation, hereinafter sometimes referred to a
the City",, and ROBERT E. WILSON of Bangor, Penobscot County, Maines
hereinafter sometimes referred to as "Contractor."
1"r1fYil@FY-Y 14:8
.WHEREAS. the City desires to hire the services of said Robert
E. Wilson as grounds custodian for the City's Bass Park Complex; and
WHEREAS, the parties have reached agreement as t0 the terms
and conditions of Contractor's hire by the City,
NOW, THEREFORE, in consideration Of the mutual covenants
herein contained, the parties agree as follows:
Section 1. Services
Contractor hereby agrees to perform services as grounds
custodian for the City's Bass Park Complex. Contractor's services as
grounds custodian shall consist of the following:
(1) General outside maintenance of the Bass
Park Complex, as needed.
(2) Trailer park custodian.
(3) Collection of camper rents from
overnight occupants of the Bass Park
trailer park.
(4) Messenger services for the General
Manager of the Bass Park Complex and his
staff.
(5) General overnight and night watchman
duties during hours when the Bass Park
Complex or facilities are not open to
the public. During such hours,
Contractor shall be alert for any
suspicious or unusual activity.
Contractor shall make random patrols Of
the grounds of the Bass Park Complex as
Contractor, in his discretion, deems
necessary, and shall report any
suspicious Or unusual activity t0 the
Bangor Police Department or Fire
Department, as appropriate. Contractor
shall not be responsible to respond
personally to any situation involving
suspicious or unusual activity.
99-156
(6) Miscellaneous duties related to
operation and exterior maintenance of
the Bass Park Complex as assigned by the
General Manager or the General Manager's
designee. For this purpose, Contractor
shall be deemed to be on call seven days
per week, whenever physically present on
the grounds of the Bass Park Complex.
In performing services required under this Contract, Contractor shall
have no fixed hours of employment, but shall work on an as -needed
basis. However, Contractor shall not be required to perform services
under this Contract for more than forty (40) hours Per week or more
than ten (lo) hours per day. On-call periods shall not be counted as
hours worked unless Contractor is performing actual services or
making actual patrols of the grounds. Subject to the provisions
contained herein, Contractor shall serve at the pleasure of the
General Manager of the Bass Park Complex.
Section 2. Is
This Contract shall be deemed effective upon execution by the
parties and shall remain in force for an initial term ending February
29, 2000. This Contract shall be annually renewable thereafter upon
the same terms and conditions, upon agreement of the Contractor and
the Bass Park Complex General Manager.
Nothing in this Contract shall prevent, limit or otherwise
interfere with the right of either party to terminate this Contract
upon thirty (30) days written notice, subject only to the provisions
set forth in Section 3 below.
Section 3. Termination and Severance Pay
Nothing in this Contract shall be deemed to limit the right of
the City to terminate the Contract for cuFor this purpose,
"cause" shall include, but not be limited to, Contractor's refusal or
physical inability to perform the services required hereunder or
other applicable cause as provided in Rule 24(b) of the City's
published "Personnel Rules and Regulations" for its regular
employees.
In the event this Contract is terminated by the City before
expiration of the initial term, or any renewal term, and at such time
that Contractor is willing and able to provide services under this
Contract, then in that event the City agrees to pay Contractor a lump
sum cash payment equal to one (1) month's aggregate compensation,
calculated at 40 hours per week as provided below; provided, however,
that in the event Contractor is terminated for cause, the City shall
have no obligation to pay the severance sum designated in this
paragraph.
Page 2
Section 4. Compensation
The City shall pay to Contractor as total compensation for all
services provided under this Contract an amount equal to the number
of hours inwhich Contractor actually performed services as provided
In Section2 above, multiplied by an hourly compensation rate of
$5.40 per hour. Said amounts shall be paid by the City weekly, one
week in arrears. Total compensation to the Contractor for services
provided under this Contract shall not exceed $220.00 per week. As
provided in Section 2 above, on-call time shall not be included in
the calculation of hours for which Contractor is entitled to
compensation, unless Contractor is actually performing services or
patrolling the grounds during such time.
Section 5. Contractor's Residence' Expense Reimbursement
During the term of this Contract, and for the convenience of
the City, Contractor shall reside on the grounds of the Bass Park
Complex. Contractor's residence shall consist of a 1964 12x65 New
Moon mobile home owned by the Contractor presently located upon the
grounds of the Bass Park Complex. For this purpose, the City shall
provide the following items at no cost to the Contractor: a mobile
home lot, with sewer, water and electrical utility connections. The
mobile home lot and utility connections shall comply with all
applicable City of Bangor codes and ordinances. The City shall pay
all sewer, water and electrical utility charges incurred by the
Contractor in maintaining Contractor's residence on the grounds of
the Bass Park Complex. The Contractor shall provide and hereby
agrees to be responsible for the cost of the following items: all
fuel oil and propane gas consumed by the Contractor; maintenance and
repair of the Contractor's mobile home; ordinary maintenance of the
City's mobile home lot; fire and other insurance on the Contractor's
mobile home and its contents; and Contractor's monthly telephone
expenses. Contractor also agrees to pay when due all real estate and
personal property taxes assessed by the City of Bangor in its
capacity as a municipal taxing authority upon Contractor's mobile
home.
The City further agrees to pay to Contractor, as a total
reimbursement for all costs incurred by the Contractor i maintaining
his residence on the grounds of the Bass Park Complex, the a= of
$75.00 per week. This a= shall be paid in addition to Compensation
provided under Section 4 above. Contractor agrees not to seek
reimbursement from the City of any residential expenses incurred by
Contractor in excess of $75.00 per week.
Section 6. Removal of Mobile Home and Personal Property
Upon final expiration of this Contract, or upon termination by
either party, Contractor shall be permitted to remove his mobile home
and all personal property from the Bass Park Complex. In the event
Contractor shall fail to remove his mobile home or any personal
property within ninety (90) days following such expiration o
termination, all property not s0 removed shall be deemed abandoned,
and shall become the property of the City of Bangor, to be disposed
of as the City may see fit.
Page 3
Section 7. Taxes, Health Insurance, Social Security d
Retirement
The City shall withhold from Contractor's weekly compensation
all amounts required to be withheld for Maine or Federal income taxes
n the manner provided by law. Contractor shall be responsible to
obtain and pay the cost of any health insurance coverage, and shall
not be enrolled In the City's health insurance plan. Contractor
shall be responsible for payment of any Federal self-employment,
social security or similar tax that may be due on the amounts paid to
Contractor under this Contract. Contractor shall not be enrolled in
the City's participating local district plan under the Maine State
Retirement System, it being the parties' understanding that
Contractor is exempt from enrollment in the Maine State Retirement
System by virtue of Contractor's current retired status.
Section 8. Workers' Compensation
During the term of this Contract. the City shall obtain or
provide workers compensation coverage for the Contractor with respect
to the services provided hereunder, in the manner provided by law.
For purposes of calculating Contractor's"average weekly wages" under
provisions of the Maine Workers' Compensation Act of 1992 (39-A
M.R.S.A. 5 101 at seq.), it is agreed that mobile home lot, utilities
and expense reimbursement provided to Contractor by the City of
Bangor under Section 5 above shall have an aggregate total value of
$150.00 per week.
Section 9. Automobile
In performing messenger and other services under this Contract
for the City, Contractor shall be permitted to use his personal
automobile. In the event Contractor chooses to use his personal
automobile in providing those services, the $75.00 weekly expense
reimbursement provided in Section 5 above shall be deemed to include
a full reimbursement of Contractor's mileage and other automobile
expenses.
Section 10. Notices
Notices pursuant to this Contract shall be given by deposit in
the custody of the United States Postal Service, postage prepaid,
addressed as follows:
(1) The City: City of Bangor
73 Harlow Street
Bangor, ME 04401
Attention: City Manager
(2) The Contractor: Robert E. Wilson
100 Button Street
Bangor, ME 04401
Page 4
99-154
Alternatively, notices required pursuant to this Contract may
be personally served in the same manner
ais prescribed for personal
service of process under the Maine RulesofCivil Procedure. Notice
shall be deemed given asof the date of personal s of the
date of deposit of such written notice in the courseoftransmission
in the United States Postal Service.
Section 11. General Provisions
A. The text herein and the incorporated provisions of Rule
24(b) of the City's published "Personnel Rules and Regulations" shall
constitute the entire agreement between the parties.
B. This Contract shall be binding upon and inure to the
benefit of the heirs at law and executors Of Contractor.
C. If any provision, or any portion thereof, contained in
this contract is held unconstitutional, invalid or unenforceable, the
remainder of this Contract, 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
Contract to be executed in its behalf by its City Manager, and duly
attested by its City Clerk, and the Contractor has executed this
Contract, both in duplicate, the day and year first written above.
CITY OF BANGOR
ATTEST:
Gail E. Campbell
City Clerk (Seal)
APPROVED AS TO FORM:
Erik M. Stumpfel
City Solicitor
(By)
Edward A. Barrett
Its City Manager
Page 5
Robert E. Wilson