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