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HomeMy WebLinkAboutResolution 1982-007 RESOLUTION NO. 82-7 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 26th day of January, 1982. ¡¡¡t~~w ic Faram - Mayor ATTEST: APPROVED AS TO FORM AND LEGALITY: ../~- tRex McEntire - City Attorney STATE OF TEXAS X COUNTY OF TARRANT X PERSONAL (CITY MANAGER) SERVICE CONTRACT THIS AGREEMENT, made and entered into this 26th day of January, 1982, by and between the City of North Rich1and Hills, State of Texas, a municipal corporation, hereinafter called "Emp1oyer" as party of the first part, and Rodger N. Line, hereinafter called "Emp1oyee" as party of the second part, both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Rodger N. Line as City Manager of the City of North Rich1and Hills as provided by the City Charter, Article IX, Section 2, and; WHEREAS, it is the desire of the Governing Board, hereinafter called "Counci1" to provide certain benefi ts, establish certain condi tions of emp1oy- ment and to set working conditions of said Employee; and WHEREAS, it is the desire of the Council to (1) secure and retain the services of Employee and to provide inducement for him to remain in such emp1oy- ment, (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 of when Employer may otherwise desire to terminate his employ; and; WHEREAS, Employee desires to accept employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein con- tained, the parties agree as follows: SECTION 1. DUTIES Employer hereby agrees to employ 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 Rich1and Hills and by said Ordinances of said City of North Rich1and 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 other- wise 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 Contract. B. Nothing in this Agreement shall prevent, limit or otherwise inter- fere 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 July, 1985, and neither to accept other employment nor to become employed by any other employer until said termination date, unless said termination date is agreed as hereinafter provided. The term "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service performed on Employee's time off. 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 here- inabove provided, this Agreement shall be extended on the same terms and conditions as herein provided, all for an additional period of two (2) years. Said Agreement shall continue thereafter for 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 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 been given written notice setting forth any changes 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 expira- tion 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 four (4) months' aggregate salary. B. In the event Employer at any time during the term of this Agree- ment 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 the date of such reduction as 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 life. SECTION 6. SALARY Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $50,000.00, 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 Employee in such amounts and to such extent as the Council may deter- mine that it is desirable to do so on the basis of salary reviews. The City agrees to pay into a deferred income program of Employee's choice a sum of at least ten (10) percent of Employee's annual salary. SECTION 7. HOURS OF WORK It is recognized Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time off as he shall deem appropriate during said normal office hours. City agrees to pay an automobile allowance of $500.00 per month, payable in advance. In the event that Employee uses his automobile in behalf of the City for a trip in excess of one hundred (100) miles, the City agrees to pay an addi- tional mileage rate of $0.20 per mile. SECTION 8. VACATION AND SICK LEAVE A. As an inducement to Employee for him to become City Manager, at signature hereof, Employee shall be credited with three (3) weeks of vacation leave and fifteen (15) days of sick leave. Thereafter, Employee shall accrue, and have credited to his personal account, vacation and sick leave at the same rate as other general employees of Employer. B. Employer agrees to provide hospitalization, surgical and com- prehensive medical insurance for Employee and his dependents 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. The Employee shall be covered with the regular City retirement program which is currently with Texas Municipal Retirement System. SECTION 9. DUES AND SUBSCRIPTIONS Employer agrees to budget and to pay for the 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 advance- ment, and for the good of the Employer. SECTION 10. PROFESSIONAL DEVELOPMENT A. Employer hereby agrees to budget for and to pay the travel sub- sistence 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, includ- ing 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 which Employee serves as a member. B. Employer also agrees to budget and to pay for the travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good of the Employer. SECTION 11. 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 judg- ment rendered thereon. SECTION 12. BONDING Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. SECTION 13. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, in consultation with the Manager, shall fix any such other terms and conditions of employment, as it may determine 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 Rich1and 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 Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefor on termination of employment. SECTION 14. NO REDUCTION OF BENEFITS Employer shall not at any time during the term of this Agreement reduce the salary, compensation other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. SECTION 15. GENERAL PROVISIONS A. The text herein shall constitute the entire agreement between the parties. B. 7~is Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This Agreement shall become effective on or before February 15, 1982 depending upon Employee's ability to undertake the duties. D. If any provision, or portion thereof, contained in this Agreement is held unconsti tutional, invalid or unenforceable, the remainder of this Agree- ment, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. E. A relocation expense of $6,000.00 payable prior to February 1, 1982 is authorized. IN WITNESS WHEREOF, the Ci ty of North Rich1and Hills has caused this Agreement to be signed and tested by its Mayor and duly attested by its City Secretary, and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. / -øt~ei~4~ D k aram - Mayor Rtl~ Rodger N. Line - City Manager ATTEST: L/J1~ - City Secretary