HomeMy WebLinkAboutCity Council Resolutions (R-90-584)-04/17/1990
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RESOLUTION R-90-584
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A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY AND ROBERT T. MCDANIEL
GCVERNING THE TERMS, COMPENSATION AND
CCNDITION OF EMPLOYMENT
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1:
THAT an agreement identified as R-90-584 Exhibit
"A" as attached is hereby approved.
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Sec. 2:
That the Mayor is authorized to sign and execute
the attached agreement.
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Sec. 3:
The effective date of this resolution is concurrent
with the passage hereof.
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AND IT IS SO RESOLVED.
on this ---11- r~y of
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Passed by a vote of
April, 1990.
ATTEST:
CITY OF CCLLEYVILLE
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Chrjs Hawkins, Mayor
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APPR.UJL.ED AS.TO LEGA.L FORM:
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Ross T. Foster
CITY ATTORNEY
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dMcW
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R-90-584
"Exhibit A"
AGREEMENT
This Agreement is made and entered into on this the 17th day
of April, 1990, by and between the City of COlleyville, Texas,
(the "city"), and Robert T. McDaniel, ("Employee").
WHEREAS, the Employee is currently the City Manager of the
City; and
WHEREAS, the City and the Employee have enjoyed a
relationship beneficial to the City; and
WHEREAS, the City and the Employee are in agreement that
circumstances necessitate a harmonious change in management; and
WHEREAS, the City and the Employee desire to constructively
and amicably sever employment between the respective parties
while providing for a smooth administrative transition; and
WHEREAS, the City desires to continue to employ the Employee
as a consultant under the terms provided herein; and
WHEREAS, the Employee agrees to provide services to the City
as stated herein; and
WHEREAS, both parties desire to clearly establish the
conditions of the continuing employment until the employment
relationship is finally severed by the parties as provided
herein;
THEREFORE, for and in consideration of the mutual covenants,
conditions and promises contained herein, the parties agree as
follows:
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R-90-584
RESIGNATION
1.1 Coincident with and by the execution of this
Agreement, the Employee resigns his position as City Manager of
the City.
1.2 The aforesaid resignation does not constitute and
shall not be deemed to be a termination of the employment
relationship between the City and the Employee, and the services
provided by the Employee pursuant to the terms of this Agreement
are intended to be a continuation of the Employee's employment
until October 18, 1990.
SERVICES
2.1 Upon the resignation of the Employee from the
position as City Manager, the Employee shall continue to perform
the duties of the City Manager on a full-time basis until May
2nd, 1990. From May 2nd, 1990 until October 18, 1990, the
Employee shall perform services as a City Management Consultant.
While acting as a City Management Consultant, the Employee shall
perform such services as directed by the City. The Employee
shall not be required to perform services which would be outside
the scope of the duties of a city Manager for the City.
2.2 The Employee shall devote a minimum of two hours
per week during normal business hours as a City Management
Consultant at the Colleyville City Hall or such other locations
as directed by the acting City Manager or City Manager. The
Employee shall at all times be available during normal business
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R-90-584
hours for telephone consultation or other work as a City
Management Consultant for the City.
COMPENSATION
3.1 The City agrees to pay the Employee for the
services specified herein as follows:
(a) A payment in the amount of $lO,OOO.OO as
compensation for accrued overtime and unused vacation leave
earned by the Employee. $3,5l5.00 of said $lO,OOO.OO shall be
paid on May 3, 1990, less appropriate payroll deductions and
withholdings. The balance of said $10,000.00 shall be paid less
payroll deductions and withholdings on October 18, 1990.
(b) Compensation for the period beginning April
l7, 1990 until October 18, 1990 shall be paid on established city
pay periods for a total of 14 pay periods in the amount of
$l,853.96, gross, less appropriate payroll deductions and
withholdings.
(c) until the termination of the Employee's
employment with the City on October 18, 1990, the Employee shall
continue to receive as compensation any additional employment
benefits which are currently provided to the Employee in his
position as City Manager.
RETIREMENT
4.1 The City shall cooperate and assist the Employee
to aid the Employee in assuring that the Employee is credited by
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R-90-584
the Texas Municipal Retirement System for the time of the
employment of the Employee as authorized by the rules and
regulations and law applicable to the TMRS Retirement System. It
is expressly understood by the City and the Employee that by
virtue of this contract the parties are attempting to assure the
Employee obtains credit for the periOd beginning May 2, 1990 and
ending October lS, 1990 as employment time to be credited under
the Texas Municipal Retirement System.
TERMINATION ON RE-EMPLOYMENT
5.1 In the event the Employee becomes a full-time
employee after the expiration of six weeks from the date of the
execution of this Agreement, then the compensation provided in
paragraph 3.1 (b) shall be reduced and the City shall be required
to pay only the difference between the compensation received by
the Employee in his other employment and the amount specified in
paragraph 3.l (b) hereof. In the event the Employee is employed
at a greater rate of pay than provided in paragraph 3.l (b)
hereof, the City shall have no obligation to make any payments
pursuant to said provision.
MISCELLANEOUS
6.1 It is understood and agreed that this Agreement
shall be governed by, construed and enforced in accordance with
and subject to the laws of the State of Texas.
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R-90-584
6.2 It is understood and agreed that this Agreement
may be executed in a number of identical counterparts, each of
which shall be deemed to be an original for all purposes herein.
6.3 It is understood and agreed that the parties will
execute any and all documents necessary to effect the intent of
this Agreement.
6.4 It is understood and agreed that this Agreement
contains the entire agreement of the parties and supersedes any
and all prior oral or written agreements, arrangements or
understandings between the parties.
6.5 This Agreement cannot be modified or terminated
orally.
Executed on the date first above written.
THE CITY OF COLLEYVILLE
Attes'c:
By: ~/~ ~U
Secretary
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I- Robert T. McDaniel '
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(70 9 ~e,~ ;;&
jJ 4/V7l:-70v 7>c ? b 013
(Address) ,
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