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HomeMy WebLinkAboutResolution 1988-010 RESOLUTION NO. 88-10 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 Management Contract as the act and deed of the City. PASSED AND APPROVED this 11th day of April, 1988. ~~ Mayor ATTEST: fI:(.~~ gAJ~ APPROVED AS TO FORM AND LEGALITY: STATE OF TEXAS ~ COUNTY OF TARRANT ~ PERSONAL (CITY MANAGER) SERVICE CONTRACT THIS AGREEMENT, made and entered into this JUUJL day of April , 1988, by and between the City of North RTchTand Hills, State of Texas, a municipal corporation, hereinafter called "Employer" as party of the first part, and Rodger N. line, hereinafter called "Employee" as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to continue the employment of said Rodger N. line as City Manager of the City of North Richland Hills as provided by the City Charter, Article IX, Section 2; 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; and WHEREAS, it is the desire of the Council to (1) continue the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee'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 Employee, and (4) to provide a just means for terminating Employee'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, Employee desires to continue his employment as City Manager of 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 Rodger N. line 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 said Ordinances of said City of North Richland Hills Code, 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 Employee at any time, subject only to the provisions set forth below in this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with Employer, subject only to the provision set forth in this Agreement. C. Employee agrees to remain in the exclusive employ of Employer until February, 1992, 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. ThP. term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. Page Two D. In the event written notice is not given by either party of this Agreement to the other ninety (90) days prior to the termination date as hereinabove provided, this Agreement shall be extended on the same terms and conditions as herf'in provided, all for an 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 Employee with full pay and benefits at any time during the term of this Agreement, but only if (1) a majority of Council and the Employee agree, or (2) after a public hearing, a majority of Council votes to suspend Employee for just cause provided, however, that Employee shall have bf'en given written noticf' 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 Employee is terminated by the Council before expiration of the aforesaid term of employment and during such time that Employee is willing 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 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 Employee 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 Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the Council that he resign, then in that event, Employee may, at his option, be deemed to be "terminated" at thf' date of such reduction and/or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer two (2) 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 pay the Employee seventy (70) percent of his annual salary for liff'. SECTION 6. SALARY AND BENEFITS Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $84,500, payable in installments at the same time as other employees of Employer are paid. In addition, Employer agrees to increasf' said base salary and/or other benefits of Employee 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 employee by December 31st of each year, with any salary adjustments arising out of such reviews to be made effective on February 15th of each year. Page Three Employer further agrees to purchase, and provide for Employee's unlimited use, a suitable motor vehicle approved by Council. In view of the fact that Employee must remain available for contact on City business-related matters at all reasonable time, said vehicle shall bf' available for employee's pf'rsonal use and shall be equipped with a mobile telephone. SECTION 7. VACATION AND SICK lEAVE A. Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Employer, including provisions governing accrual and payment therefor on termination of employment. B. Employer agrees to provide hospitalization, surgical and comprehensive medical insurance for Employee 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 Employee. C. Employee agrees to submit once per calendar year to a complete physical examination by a qualified physician 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 Employee shall be covered with the regular City retirement program which is currently with Texas Municipal Retirement System. SECTION 8. DUES AND SUBSCRIPTIONS Employer agrees to pay, as identified in budget, for professional dues and subscriptions of Employee 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. Employer shall furnish employee with club membership and pay said dues. SECTION 9. PROFESSIONAL DEVELOPMENT A. Employer hereby agrees to budget, as a line item, and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not 1 imited to the Annual Conference of the City Management Association, the Statf' league of Municipalities, and other such national, regional, state and local governmental groups and committees thereof on which Employee serves as a member. B. Employer also agrees to budget a line item to pay for the travel and subsistence expenses of Employee for short courses, institutf's and seminars that are necessary for his professional development and for the good of the Employer. SECTION 10. INDEMNIFICATION Employer shall defend, save 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 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 Employee under any law or ordinance. Page Four SECTION 12. OTHER TERMS AND CONDITIONS OR EMPLOYMENT A. 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 Employee, 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. B. All provisions of the City of North Richland 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 benf'fits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee as herein provided. 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 Employee, except to the degree of such a 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 at law and executors of Employee. 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 affectf'd and shall remain in full force and effect. D. The effective date shall be February 15, 1988. 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 Employee has signed and executed this Agreement, both ;, '"pli,.t,. th, "Y ." Y'" fi~t~ Dan Echols - Mayor ATTEST: APPRO". TO FOR" ANO LEGALITY, ;fr2/ß~4i; R~x McEntire - Attorney or the City