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HomeMy WebLinkAboutCity Council Resolutions (R-09-3060)-02/03/2009RESOLUTION R-09-3060 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEM AT THE REGULAR COUNCIL MEETING OF FEBRUARY 3, 2009 WHEREAS, following discussion in executive session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints Jennifer Fadden as City Manager effective March 2, 2009, and approves the compensation and terms of employment pursuant to the attached Exhibit "A". AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ~ AY~, ~ NAYS AND C ABSTENTIONS THIS THE ~' DAY OF 2009. ATTES CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT OF MANAGER The Agreement for Professional Services and Employment of Manager made and entered into as of the 3"~ of February, 2009, by and between the City of Colleyville, Texas, ahome- rule municipal corporation ("City") and .iennifer Fadden ("Manager") (the "Agreement"). WHEREAS, the Council of the City ("Council") and the City Manager ("Manager") believe that employment agreements negotiated between the two parties can be mutually beneficial to the City organization, the Manager, the Council and the comnnlnity they serve; and. WHEREAS, when appropriately structured, the CoLmcil aid Manager believe employment agreements can strengthen the Council and Manager relationship by enhancing the excellence and continuity of the management of the City for the benefit of its citizens; and WHEREAS, the City desires to employ the services of the Manager as the Manager of the City, pursuant to the terms, conditions and provisions of this Agreement; and WHEREAS, it is the desire of the Council to provide compensation and benefits, establish conditions of employment for, and to set the working conditions of the Manager as provided in this Agreement; and WHEREAS, the Council desires to secure and retain the services of the Manager, to provide inducements for the Manager to employment as the Manager of the City and to remain in such employment, to encourage full work productivity by assuring the Manager's morale and peace of mind with respect to future security, and to provide a proper means for termination, resignation or retirement of the Manager; and WHEREAS, the Manager has agreed to continue the employment as Manager of the City subject to the terms, conditions and provisions agreed to and set forth in this Agreement; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: Duties 1.01. The Council. hereby employs the Manager as the Manager of the City as of the Commencement Date to perform the duties and functions specified by Texas law, City Charter, City Code, this Agreement and such other legally permissible and proper duties and fwlctions as the Council shall, from time to time, assign to the Manager. Term 2.01. The initial term of employment of the Manager shall begin on the 2"d day of March, 2009, ("Commencement Date"). 2.02. The term of this Agreement is subject to being renewed in one-year increments ("Renewal Term"). It is the intention of the parties that the Council shall, on an annual basis, review the performance of the Manager to determine whether or not to extend the Agreement for aone-year period. The Council may extend the Agreement by formal resolution or if the Council fails to take any action concerning the renewal of this Agreement prior to the expiration of any Renewal Term, the Agreement shall be deemed to have been automatically extended for a successive one-year period. In the event the Council decides not to extend the Agreement for any Renewal Term, it shall do so by a formal resolution adopted prior to the end of the current term of this Agreement. Compensation Benefits 3.01. The City agrees to pay the Manager a bi weekly salary of $6,132.46 beginning March 3, 2009, until this agreement terminates or is otherwise amended or modified. Said salary shall be payable at the same time as other City employees are paid. It is the intention of the parties that the Council review this salary and other benefits of the Manager on an annual basis and make adjustments thereto as deemed appropriate by the parties. 3.02. In addition to the salary set out in paragraph 3.01 above, the City agrees to pay the Manager an additional bi weekly amount of $551.92 as deferred compensation until this agreement terminates or is otherwise amended or modified. The City shall make payments of this deferred compensation amount to a fund designated by the Manager beginning after the Commencement Date of this Agreement. 3.3. The Manager shall be governed by the Texas Municipal Retirement System (TMRS) and the Manager shall make the employee's portions of contribution or payments and the City shall make the employer's portion of contribution or payments necessary for the Manager to participate in TMRS 3.4. The City shall pay the premiums necessary to provide $500,000 in term life insurance. Said obligation by the City to pay said premiums shall be limited to standard rates based on standard underwriting criteria. The City's expenditure for these benefits shall be limited to standard rates, and the City shall not be obligated to pay higher than standard rates in the event of higher premiums due to special risk. The City shall also pay the premiums necessary for the Manager to participate in any health, dental, vision, long term disability or life plans as may be from time to time available to employees of the City. The City undertakes no obligation to keep or maintain the insurance plans currently available and may modify, alter or terminate insurance benefits available to City employees including the Manager at any time in its sole discretion. In the event the Manager desires to have her dependents covered on plans available to the City, the Manager shall pay the premiums therefore at the same rate other employees of the City pay. 3.5. The City shall pay to the Manager during the term of this Agreement in addition to other salary and benefits the sum of $600.00 per month as a vehicle allowance. The City shall not be obligated to pay any other cost for maintenance or operation of the vehicle, which shall be paid in full by the Manager. 3.6. The City will provide the manager with a monthly cell phone allowance of $50 to cover the cost of business calls on her personal cell phone. 3.7. As an employee of the City, the Manager may participate in certain benefits under the City Employment Policies and Procedures Manual. The Manager shall be credited 15 days of vacation and 12 days of sick leave as of the Commencement Date. The Manager shall have no vested right in any benefit provided under the City Employment Policies and Procedures Manual and the City may modify or alter the Policies and. Procedures Manual at any time in its sole discretion. 3.8. The City shall reimburse the Manager for expenses incurred in the conduct of business meetings, including professional and civic development according to the policies and procedures of the City as provided for in the annual budget. ~.9. The City agrees to pay for the civic and professional membership dues and subscriptions of the Manager necessary for the Manager's continuation and participation in national, regional, state and. local associations necessary and desirable for the Manager's continued professional participation, growth and advancement and for the good. of the City together with reasonable travel and subsistence expense related thereto as provided for in the annual budget, including, without limitation, the annual conference of the International Manager's Association, the Texas Municipal League, the Texas Manager's Association, and the North Texas Manager's Association. Residence/Expenses x.01. Pl~rsuant to the City Charter, the Manager shall maintain her primary residence ~~rithin the City's corporate boundaries. Hours of Wort{ 5.01. The Manager shall engage in the hours of work that are necessary to fulfill the obligations of the position. The Manager shah be available at all times and shall devote substantial time outside normal office hours to the business of the City. The compensation provided herein. includes al l work of the Manage-•. Indemnification 6. L To the fullest extent permitted by law, the City shall defend, save harmless and indemnify the Manager against any tort, professional liability claim, demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring m the performance of the Managers' duties and shall obtain and keep in full force and effect liability insurance or risk. pool. coverage, including errors and omissions on a per occurrence basis, in an amount deemed by the City adequate to assure accomplishment of such. hold harmless and indemnification. This indemnrf~ication period is not for the benefit of any third party and shall not be construed as creating any right, cause of action, or claim of waiver or estoppels for or on behalf of any third party, nor shall. it be construed as a waiver or modification of the availability of the defense of governmental immunity or any other egal defense available to the City or the Manager as to any third party; and further provided that the City shall not indemnify and hold the Manager harmless with respect to any claim. or liability which the conduct of the Manager is found by the Courts to have been grossly negligent or intentionaa wrongful conduct This indcmni.tication shall extend beyond and survive the ternination and/or expiration of this Agreement. Termination/Suspension by Council 7.01. Termination for Cause. The Council may terminate this Agreement at any time for cause if the Manager is convicted of a felony or a misdemeanor involving moral turpitude or personal gain, or the Manager contumaciously fails to comply with the material terms of this Agreement after being given written notice by the Council to do so and given an opportunity and reasonable cure period for such failure. For purposes of this Agreement, "Termination for Cause" is further defined as follows: a) Any willful, knowing, grossly negligent, or neglected breach, disregard or habitual neglect of any provision of this Agreement, or any willful, knowing, grossly negligent, negligent breach, disregard, or habitual neglect of any duty or obligation required to be performed by the Manager under this Agreement or under the Charter and ordinances of the City and/or the laws of the United States or the State of Texas. b) Any misconduct of the Manager involving moral turpitude, a crime of moral turpitude, or a Class B Misdemeanor or more serious crime, or habitual violations of the traffic laws, whether or not related to Manager's official duties hereunder. c) Any willful, knowing, grossly negligent, or negligent misapplication or misuse, direct or indirect, by Manager of public or other funds or other property, real, personal, or mixed, owned by or entrusted to the City, any agency or corporation thereof, or the Manager in his official capacity. 7.02. Termination Without Cause. The Council may at any time for any reason or for no reason whatsoever terminate this Agreement immediately upon written notice to the Manager. 7.03. Suspension. The Council may suspend the duties of the Manager with or without pay pending the resolution of any criminal charge filed against the Manager and said suspension shall not constitute a termination under this Agreement. Termination by Manager 8.01. The Manager may terminate this Agreement at his discretion upon 30 days written notice to the Council. Severance Pay 9.01 In the event the Manager is terminated by the Council without cause in accordance with the provisions of the Agreement, or the Council fails to renew the term of this Agreement in accordance with the provisions of the Agreement, the City shall pay to the Manager within thirty (30) days after the date of termination or expiration of the term of the Agreement an amount equal to one half the annual salary, TMRS and deferred compensation of the Manager and one-half of the annual insurance cost paid by the City for the Manager, together with any accrued, unused vacation leave, less any amounts owed the City by the Manager. The City shall pay to the Manager within thirty (30) days after the date of termination or expiration of the term of this Agreement an amount equal to one- half of the annual vehicle allowance. The City shall have no obligation to pay any additional compensation to the Manager as a result of termination by the Council without cause or failure to renew this agreement. 9.02 Said severance pay equal to one half of annual compensation (6 months) detailed in Section 9.01 shall increase by one month on each anniversary date of this agreement, until such time that a maximum of one full year of salary, TMRS, and deferred compensation of the Manager and the annual insurance cost paid by the City for the Manager, together with any accrued, unused vacation leave, less any amounts owed the City by the Manager shall be paid. The City shall pay to the Manager within thirty (30) days after the date of termination or expiration of the term of this Agreement an amount equal to one-half of the annual vehicle allowance. The City shall have no obligation to pay any additional compensation to the Manager as a result of termination by the Council without cause or failure to renew this agreement in the event the Manager is terminated by the Council without cause in accordance with the provisions of the Agreement, or the Council fails to renew the term of this Agreement in accordance with the provisions of the Agreement Budget 10.01. During each year where there is any liability of the City by reason of the terms and provisions of this Agreement, including the fiscal year in which the Agreement is first approved and executed, the Council shall allocate, and subsequently maintain, through the adoption of an annual budget, adequate reserves to cover any and all associated costs related to this Agreement. Performance Evaluation 11.1. The Council and the Manager shall develop a set of goals and objectives for the Manager for each fiscal year and these goals and objectives shall constitute the work program for the Manager. 11.2. The Council shall conduct annually in December a performance review of the Manager. Said review shall be based upon the Manager's and general City administration's performance with respect to achieving the set goals and objectives of the City. 11.3. Within 90 days of employment, Manager shall submit to the City Council for discussion and consideration, a plan for her own continued professional development and growth. Bonding 12.01. The City will pay the full cost of any fidelity or other bonds required of the Manager under law or ordinance in fulfillment of the duties and obligations as the Manager of the City. Notices 13.01. All notices, demands and other writings provided for in this Agreement shall be deemed received when sent by United States Mail, postage prepaid, addressed to the City or the Manager as the case may be at the address set forth opposite the signature of the party. Alternatively, notices, demands and other writings referred to in this Agreement may be personally served on the party. General Provisions 14.01. This Agreement incorporates all agreements, covenants and understandings between the City and the Manager concerning the subject matter hereof, and all such covenants and understandings have been merged into this written Agreement. No other prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 14.02. This Agreement shall not be modified or amended except by a written instrument executed by the parties hereto. 14.3. This Agreement may be executed in duplicate, original counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. 14.4. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas. Venue shall lie exclusively in Tarrant County, Texas. 14.5. This Agreement shall be binding on and inure to the benefit of the parties to it, and their respective heirs, executors, administrators, representatives and successors. This Agreement may not be assignee without the written consent of the other party. 14.6. All section headings contained here are for convenience only and are not intended to define or limit the scope of any provision of this Agreement. 14.7. In the event any one or more of the sections, provisions or clauses contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. EXECUTED on the date first above written. CITY OF COLLEYVILLE Address: /~ City of Colleyville 100 gy;/~ Main Street Colleyville, Texas 76034 David Kelly, Mayor Attest: ~~ By: Cynt a Sing ton City ecretary MANAGER B~ Jenni er adden, ity anager Address: 100 Main Street Colleyville, Texas 76034