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HomeMy WebLinkAboutResolution 1995-002 RESOLUTION NO. 95-02 Be it Resolved by the City Council of the City of North Richland Hills, Texas, that: 1. The Mayor be, and is hereby, authorized to execute the attached contract on behalf of the City of North Richland Hills. Passed and approved this 9th day of January, 1995. APPROVED: ATTEST: ~~ " 'i~ Tommy Brow - ayor ...¿. anette Rewis - City Secretary -- .'- Rex McEntire - Attorney for City STATE OF TEXAS ) PERSONAL SERVICES CONTRACT (CITY MANAGER) COUNTY OF TARRANT ) WHEREAS, C. A. Sanford (Manager) has been in the employ of the City of North Richland Hills, Texas (City) in the capacity of Deputy City Manager at a salary of $86,112 annually; and WHEREAS, the City Council of North Richland Hills, Texas, has appointed, and does hereby ratify, C. A. Sanford's appointment as City Manager; and WHEREAS, it is the desire of the Governing Board, hereinafter called "Council" to provide certain benefits, establish certain conditions of employment and to set working conditions of said Employee; WHEREAS, it is the desire of the Council to (1) continue C. A. Sanford's employment in the capacity of City Manager, (2) to make possible full work productivity by assuring Manager's morale and peace of mind with respect to future security, (3) to act as deterrent against malfeasance or dishonesty for personal gain on the part of Manager, and (4) to provide a just means for terminating Manager's services at such time as he may be unable to discharge his duties due to age or disability or when Employer may otherwise desire to terminate his employ; and WHEREAS, Manager desires to continue his employment with said City; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Employer hereby agrees to continue the employment of said C. A. Sanford as City Manager of said Employer to perform the functions and duties specified in said Charter of the City of North Richland Hills and by the Ordinances of said City of North Richland Hills, and to perform other legally permissible and proper duties and functions as the Council shall from time to time assign. SECTION 2. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council to terminate the services of Manager at any time, subject only to the provisions set forth below in this Agreement. Page 2 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with Employer, subject only to the provision set forth in this Agreement. C. Manager agrees to remain in the exclusive employ of Employer until December 31, 1997, and neither to accept other employment nor to become employed by any other employer until said termination date, unless an earlier termination date is agreed as hereinafter provided. D. In the event written notice is not given by either party of this Agreement to the other party ninety (90) days prior to the termination date as hereinabove provided, this Agreement shall be extended on the same terms and conditions as herein provided, all for additional period of two (2) years. Said Agreement shall continue thereafter for additional two (2) year periods unless either party hereto gives ninety (90) days written notice to the other party that the party does not wish to extend this Agreement for an additional two (2) year term. SECTION 3. SUSPENSION Employer may suspend the Manager with full pay and benefits at any time during the term of this Agreement, but only if (1) a majority of Council and the Manager agree, or (2) after a public hearing, a majority of Council votes to suspend Manager for just cause provided, however, that Manager shall have been given written notice setting forth any charges at least ten (10) days prior to such hearing by the Council members bringing such charges. SECTION 4. TERMINATION AND SEVERANCE PAY A. In the event Manager is terminated by the Council before expiration of the aforesaid term of employment and during such time that Manager is willing and able to perform his duties under this Agreement, then in that event Employer agrees to pay Manager a lump sum cash payment equal to six (6) months' salary, not to include insurance or retirement benefits. B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Manager in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provision benefiting Manager herein, or the Manager resigns following a suggestion, whether formal or informal, by the Council that he resign, then in that event, Manager may. at his option, be deemed to be "terminated" at the date of such reduction and/or such refusal to comply within the meaning and context of the herein severance pay provision. Page 3 C. In the event Manager voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Manager shall give Employer three (3) months notice in advance, unless the parties otherwise agree. SECTION 5. DISABILITY The City agrees to provide insurance protection against total and permanent disability which will be approved by both parties when an insurance company approves an application. SECTION 6. SALARY AND BENEFITS Employer agrees to pay Manager for his services rendered pursuant hereto an annual base salary of $86,112, payable in installments at the same time as other employees of Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Manager in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of performance and salary reviews. Employer agrees to conduct performance evaluations of Manager by November 30th of each year, with any salary adjustments arising out of such reviews to be made effective on January 1 st of the following year. SECTION 7. VACATION AND SICK LEAVE A. Manager shall accrue, and have credited to his personal account, vacation and sick leave a that same rate as other general employees of Employer, including provisions governing accrual and payment therefore on termination of employment. B. Employer agrees to provide hospitalization, surgical and comprehensive and medical insurance for Manager and to pay the premiums thereon equal to that which is provided all other employees of Employer or, in the event no such plan exists, to provide same for Manager. C. Manager agrees to submit once per calendar year to a complete physical examination by a qualified physical selected by the Employer, the cost of which shall be paid by the Employer. Employer shall receive a copy of all medical reports related to said examination. D. The Manager shall be covered with the regular City retirement program which is currently with Texas Municipal Retirement System. Page 4 SECTION 8. DUES AND SUBSCRIPTIONS Employer agrees to pay, as identified in budget, for professional dues and subscriptions of Manager necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of the Employer. SECTION 9. PROFESSIONAL DEVELOPMENT A. Employer hereby agrees to budget, as a line item, and to pay the travel and subsistence expenses of Manager for professional and official travel, meetings and occasions adequate to continue the professional development of Manager and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the City Management Association, the State League of Municipalities, and other such national, regional, state and local governmental groups and committees thereof on which Manager serves as a member. B. Employer also agrees to budget a line item to pay for the travel and subsistence expenses of Manager for short courses, institutes and seminars that are necessary for this professional development and for the good of Employer. SECTION 10. INDEMNIFICATION Employer shall defend, save harmless and indemnify Manager 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 Manager's duties as City Manager. Employer will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. SECTION 11. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. SECTION 12. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The initial base salary shall be the same salary he is now receiving ($86,112). The Council, in consultation with the Manager, shall fix any such other terms and conditions of employment as it may deem appropriate from time to time relating to the performance of Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of North Richland Hills Charter or any other law. Employer shall pay such other benefits as may be approved by the Council from time to time. Page 5 B. All provisions of the City of North Rich/and Hills Charter and Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Manager as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Manager as herein provided. The City Council may from time to time extend these benefits as it deems proper. The extension given at this time is an annual payment of $7,500 deferred compensation and an annual payment of $6,000 toward Manager's Texas Municipal Retirement System contribution. SECTION 13. NO REDUCTION OF BENEFITS Employer shall not at any time during the term of this Agreement reduce the salary, compensation or other financial benefits of Manager, except to the degree of such reduction across-the-board for all employees of the Employer. SECTION 14. 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 of law and executors of Manager. C. If any provision, or 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. D. The effective date shall be November 8, 1994. IN WITNESS WHEREOF, the City of North Richland Hills has caused this Agreement to be signed by its Mayor and duly attested by its City Secretary, and the Manager has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: