peter kelly contract

8/12/2019 Peter Kelly Contract

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'\LJ ruh i"lt i:EMPL.YMENTA.REEMENT ffi';.'s-l,q.,&*GREEMENT effective as of Augu st d&, ,201g, by ahd;hfr' il fii'ltt r ;''''u't'ct( l{

CITY OF ANSONIA acting by and thr.ough the OFFICE OF THE MAYOR, a dutyeltartered mqqicipality under the laws of the State of Connectlcut, (hereinafierrefened to as "Mayof) and PETER KELLY, of MConnecticut (hereinafter referred to as "KELLV'),,

WITNESSETH:1. KETLY has been selected to be the Economic Development

Director of the City of Ansonia,, Given the experience and background of KELLy,he is expected to make a valuable contribution to the City of Ansonia"

2,. The City of Ansonia is organized under the laws of the State ofConnecticut and the Charter of the City of Ansonia3. KELLY is qualified to provide management seruices toadvance the genercl economlc purposes of City of Ansonia,

4,, City of Ansonia wishes to assure itself of the services of KELLY forthe period provided in this Agreement and KELLY is willing to serve in theemploy of city of Ansonia on a full-time basis (3s hours per week and allmunicipal meetings as necessary) for said period, upon the terms and conditionshereinafter provided.

NOW, THEREFORE, in consideration of the mutual promises andcovenants contained herein, the sufficiency of which is hereby acknowJedgede,and intending to be legally bound, the parties agree as follows:


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1., City of Anionia hereby retains KELLY and KELLY hereby agrees to.

act as the Director of Economic Development upon the terms and conditionshereinafter set forih

2,. T'erm of Emolovrnerlt..(a) The term of KELLY'S employment hereundershall be for a

Period of two (2) years, commencing September 3, 2013 and terminatingSeptember 2, 2015,except as herein provided.

(b) Unless notice is given.to KELLY by City bf Ansonia on orbefore February 15,2014, this Ernployment Agreetnent shall autornatisally be

tent of this provisionis to pro,ride thai KELLY at all times hereunder shall, unless otheruise provided,have a two (2) year contract,,

3 Telfnination.Notwithstanding the provisionS of Section 2(b) above, City of

Ansonia shall have the right to terminate this Agreement pursuant to any of thefollowing:

(a) City of Ansonia shall have the right to give notice to KELLYthat his position is being terminated, provided that, such notice is given in writingto KELLY prior to February of ZAM,, When suoh notice is given, KELLY shall bepermitted to serve out the balance of the next twelve (12) months,,

(b') lf City of Ansonia is dissolved or if funding is not sufficient topay KELLY'S salary forthe term in question, then and in that event, KELLY $hall


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have a terrn which ends twelve (12) months from notice by Crty of Ansonia toKELLY of such dissotution or lack of funding

(c) 'Ihe death of KELLY(d) KELLYS voluntary departure from ihe City of Ansonia,provided that KELLY is required to provide Cifi of Ansonia with forty."five (45)days notice prior to departure, or

(e) Upon just cause shownT'he term 'Just cause' as utilized. hercin shall include, but not be lirnited to, thefollowing: (i) Failure to perform the duties pursuant to the JobDescription;

(ii) Misconduct;(iii) lnsubordination;iv) The arrest of KELLY for a misdemeanor or felony

which the Ciiy of Ansonia determines, in its sole diswefon, would impactKELLY'S ability io perform his job as Director of AEDC;

iv) The inability to perform the duties pursuant to thiscontract due to illness or a physical or rnental condition as shown by competentrnedi.oal evidence, whioh illness, physlcal condition or mental condition continuesfor a period of thirty (30) consecutive business days or for shorter periodsaggregating more than thirty (30) business days in any period of twelve i12)consecutive months

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{vi} Acts or omissions whidh bring the name and/orrepuiation of AEDC into disrespeet.

4. Compensation.*l City of Ansonia shall pay KELli.Y and KELLY agrees toaccept as compeneation for all services rcndered llereunderwithout limitation, asalary at the annual rate of Fifiy-seven Thousand Nine Hundred Eighty and00/100 ($5/,980 00) Dollars, Said salary may be increased during the terin ofthis Agreement at the sole disuetion of City of Ansbnia;, City of Ansonia shall.twithhold from such salary or benefits payable undqr this Agreernent all Federal,State, City or other taxes levied as may be required by law.,

i(b) If the City of Ansonia, in its discretion, increases thecompensation of KELLY for any period of time, and if KELLY accepts suchincrease, this Agreement shall continue in full force and effect whether or not ithas been amended to reflect such increase. AlthorJrgh nothing herein is intended,

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or shatl be construed, to obligate the City of Anson'ib to make any such inciease,,Lit is the intention of ihe parties that KELLY'S salary shall be reviewed during thefirst quarter of each calendar year.5. Positlot'l.Rp$oon$ibjlj$gsandFutigs.i

.i(a) During the period of his employment hereunder, KELLY shallserve as the Director and shall in such capacity be responsible for the generalmanagement of affahs sf AEDC, reporting directly tb the Mayor of the City ofAnsonia The initial responsibilities of KELLY are srlmmarized in Schedule Ahereto attached and herein incorporated.,

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During the period of his empt{yment hereunder, KELLY shallLserye AEDC in such capaciiy or capacities as nrayl be specified from time to time

by the Mayor of the Ciiy of Ansonia,(b) $o long as this Agreement cof,ltinues in effect, KELLY shalldevote all his business time, attention, skill and efJbrts to the business and affairsof the City of Ansonia, to the promotion of the best intercsts of City of Ansonia, tothe faithfi.rl perforrnance of his duties hereunder, atird to the performance of such.;other duties as rnay be asslgned to him by the Mayor of the City of Ansonia n hissole discretion Notwithstanding the foiegoing, KELLY may, with the approval ofthe Mayor, serve or continue to serve, on the boar{s of directors ol and hold anyother offices or positions in, companies or organizations, which in the judgmentof the Mayor, will not present any conflict of interest with AEDC or materiallyaffeci the performance of Executive's duties pursuant to this Agreement(c) KELLY shall have such power and authority as shall

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reasonabty be required to enable him to perform ni$ duties her:eunder in anefficient manner; provided, that in exercising such power and authorfty andperforming such duties, he shall at ail tim.es be subject to the ar.rtho,rity, control

jiand supeMsion of the Mayor of the City of Ansonia and/or suah of its officers as

the Mayor may designate(d) KELLY agrees to obserue and ,pomply with such rul$,regulations and poticies as may from time to time bl determined andpromulgated by the Mayor and communicated to KHLLY either orally or in writing,


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KELLY agrees to carry out such orders, directions land policies as arepromulgated bythe Mayor from time to time,,

Connecticut"6 Exp_ens,es,,City oi Ansonia shall reimburse KELLY for all reasonable travel and

other Expenses incuned by KELLY in connection With the performance of hist:

services under this Agreement, upon presentation of expense statements,vouchers, and other supporting documentation in s[icn form and containing such

:information as the Mayor may fl'om time tb time redsonably request; provided,however, that the amounts available for travel and Sther expenses rnay b6 fixedin advance by the Board,,

7. Vacation.

(e) Subject to such travel as tlte djuties of his position mayrequire, KELLY seMce hereunder shall be rendere{ at Gity Hall in Ansonia,

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KELLY shall be entitled to two (2) weeks of vacaiiontreement, Vacation shall be taken onnoncumulative) for each year of thls Ag

Ireasonable notice to the AEDC and Mayor at a tim{ and in a manner consistentwith the proper operation of the business of AEDC, '

8. Confidentialiiv, i(a) Both dur:ing the term of his.*$,oyr*nt by City of Ansoniai.

and'ihereatter, KELLY shall not, without the priorw$tten consent of the City of:Ansonia, divulge to any tlrird party, or use for his ov,irn benefit orfor any purpose$other than the exctusive benefits of City of Ansonia, any confidential information


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:conoeming its business and/or affalrs o,btained ty ilim:Ouring ihe tenn of hisernployrnent, inoluding but not limited to infomation r.elating to its deoisions toacquire or develop any par.cel of land, to designateiany particular area forredevelopment, or othenruise, it belng the intent hereof that KELLY shall not sodivulge or use any such information v.vhich is unpublished or not readily available

Ito the general public; provided, that nothing herein contained shall restrictKELLYS abitity to make such disclosures during thle course of his employment

t.as may be necessary or appropriate to the effectiv{ and efficient discharge of hisduties to City of Ansonia or as is required by law(b) For a period of one (1) year afbr the end of the last periodfor which KELLY shlll have teceived any underthis Agreernent,KELLY shallfumish such information and proper as rnay.bereasonably necessary in connection with any litigatibn in which, City of Ansonia isthen or may become involved' lf such assistance qhall be required of KELLYfoTan extended period of time, City of Ansonia shall reimburse KELLY for any lossof compensation incured by KELLY in renderfng aJsistunce pursuant to thisParagraph based upon terms and conditions then {greed upon by City ofAnsonia and KELLY,,(c) KELLY recognizes and aat


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and prosecute proceedings at law or in equity tosuch breach or to enfurce the specific performance

lor to enjoin KELLY from engaging i,n any activity inig F3ilure to Comply,If KELLY, for any reason other than

without the written consent of City of Ansoniarequired by this Agreement, or if KELLY shallAgreement, he will thereby relinquish all rights ioincluding future salary payments, and City ofrights, if any, it may have against him under thisCity of Ansonia shalI materially breach thisright to pursue City of Ansonia to enforce his rightgothenvise,10 Benefitand BuJden.

This Agreernent shall insure to theKELLY, his legal nepresentBtives and testate or iAnsonia, its successors and assigns

11,, P.egisions btr AEpC.ilhe Mayoi of the City of Ansonia shal

forthe administration and interpretation of thisdeterminations of compensatlo n

n damages with respect toof this Agreer,nent by KELLY

hereof,

death or disabili$, shallto render seruices as

materially brcach thisbenefits hereunder,shall reserve whatever

or otherwise lf theKELLYshall have tre

this Agr,eernent, or

of and be binding upondistributes, and City of

have general responsibilityincluding


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12., Psrsonnel Policv Manual.The City of Ansonia has adopted a Personnel Policy Manual

(hereinafter'Pp,M') which PPM shall be incorporated herein,, KELLY agrees tobe bound by the terms and condltions set forth therein" City of Ansonia andKELLY agree that if any term or condition of this Agreement is different orcontradictory to the PPM, this Agreement shall control.

13 Sick Leave Benef,lgNotwithstanding the PPM, KELLY shall accrue _ sick days peryeai'which he may not accumulate or carry over into a subsequent year

14,, Health Benetits.KELLY shall be entitled to health insurance in the same form and

type as a City of Ansonia non-baryaining unit employee15 Waiver.No term or condition of this Agreement shall be deemed to have

been waived, nor shall there be any estoppel against the enforcement of anyprovision of this Agreement, except by written instrument of the pariy chargedwith such waiver or estoppel No such written waiver Shall be deemed acontinuing waiver unless specifically stated therein, and each such waiver shalloperate only as to the specificterm or condition waived and shall oonsfitute awaiver of such term or condition forthe future or as to any aci other than thatspecifically waived


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1CI' $eqerahititv.lf, for any reason, any provision of this Agfeement is held invalid,

such invalidity shall not affect any other provision of this Agreement not held soinvalid, and each such other provision shall to the full extent consi$tent with lawcontinue in full force and effect lf any provision of this Agreement shall be heldinvalid in part, such invalidity shall in no way affect the rest of such provision notheld so invalid, and the rest of such provision, together with all other provfsions ofthis Agreement, shalt to the :full extent consistent with law continue in full force

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1'7., Headings*The headings of paragraphs herein are irrcluded sotely for

convenience of reference and shall not controlthe meaning orinterpretation ofany of the provisions of this Agreement.

18, Notices.Any notice or request requircd or permitted under this Agreement

shall be in writing and given or made by certified mail, return receipt requested,addressed to the Mayor of the ciff of Ansonia at city Hall orto KELLY at hisaddress specified on the rccords of City of Ansonia, or io either party hereto atsuch other address or addresses as such party may from tirne to time specify forthe pupose in a notice similarly given to the other party,

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1g EntireAgreement.This instrument contains ihe entire Agreement of the parties

relating to the subj#matter hereof, and the parties l'rereto have made no.agreements, representations or wananties relating to the subject matter of thisAgreement which are not set forth herein. No rnodification of this Agreeinentshall be valid unless in writlng and signed by the pa*ies hereto and approved bythe Mayor of the City of Ansonia,

2A, Governino Law.This Agreement shall be construed and enforced in accordancewith the internal laws of the State of Connecticut applicable to agreernents madeand to be performed in said State.

21., Arbitration.Any and df disputes, claims and controversies arising out of, under

or in connection witlr this Agreement shatl be settled and finally determined byarbitration in the Oity of Ansonia under the then existing Rules o.f the ArnericanArbitration Association and judgment may be entered upon the award of thearbitrator, or arbitrators by any court of competent jurisdiction

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lN wlrNEss WHEREOF, the Mayorof the city of Ansonia has hereuntoset his hand and seal, and KELLY has hereunto set his hand and seal, this

day of 2013,

peter kelly contract

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