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HomeMy WebLinkAboutRes 2018-08-472 Proce appointmentCITY OF ANNA, TEXAS RESOLUTIOVI MO. A/''L)° JL ck A RESOLUTION OF THE CITY ©F ANNA, TEXAS, APPOINTII1J� A CI u" MANAGER AND APPROVING AVA EMPLOYMENT AGREEMENT. WHEREAS, the City Council may appoint a person to serve as the City Manager upon the affirmative vote of a majority of the full membership of the City Council; NOW THEREFORE, BE IT RESOLVED OF ANNA, TEXAS THAT. Section 1. Recitals Incorporated BY THE CITY COUNCIL OF THE CITY The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Appointment of City Manager James J. Proce is hereby appointed to serve as the City Manager for the City of Anna, Texas effective September 10, 2018. Section 3. Approval of Employment Agreement The City Council hereby approves the employment agreement with said appointed City Manager and authorizes the Mayor to execute same. PASSED by August 2018. ATTEST: t" the City Council of the City of Anna, Texas, on this 28day of City Secretary Carrie L. Smith uuu��ir,,� APPR .• ' �9 a� * 7.EX �'`` �'ONI I I III I 11 ON\ yor Nate Pike CITY OF ANNA, TEXAS CITY MANAGER AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN THIS CITY MANAGER AGREEMENT ("Agreement") is made and entered into effective the 28 day of August 2018, by and between the City of Anna, Texas, a Texas municipal corporation (the "City") and James J. Proce (the "Manager"). WITNESSETH: WHEREAS, the City of Anna City Council (the "Council") and the Manager believe that an employment agreement negotiated between the Council, on behalf of the City, and the Manager can be mutually beneficial to the City, the Manager, and the community they serve; WHEREAS, when appropriately structured, the Council and the Manager believe an employment agreement strengthens the Council -Manager relationship by enhancing the excellence and continuity of the management of the City to the benefit of its citizens; WHEREAS, the Council, on behalf of the City, desires to employ the services of the Manager, as and in the position of City Manager of the City of Anna, Texas (the "City Manager") pursuant to the terms, conditions and provisions of this Agreement; WHEREAS, the Manager has agreed to accept employment as the City Manager, subject to the terms, conditions and provisions of this Agreement; NOW, THEREFORE, the City and the Manager, for and in consideration of the terms, conditions and provisions hereinafter established have agreed, and do hereby agree as follows: I. Term 1.1 Term. The term of this Agreement shall be for one year (the "Initial Term") and shall begin on the 1 Oth day of September, 2018, provided, however, that the term of this Agreement shall be subject to earlier termination under any circumstance described by Article VI of this Agreement. Upon expiration of the Initial Term, each year during the term hereof, this agreement shall automatically be extended for an additional year, unless the Council notifies the Manager in writing at least four (4) months prior to the anniversary of the effective date of this Agreement that it has voted to not extend this Agreement. The Council may elect in its sole discretion to not extend this Agreement for an additional year as set forth in this Paragraph for any reason, with or without cause. City Manager Agreement Page I of 9 II. Employment 2.1 Chief Executive Officer. The Manager is the chief executive officer of the City and shall faithfully perform the duties of the City Manager as prescribed in the job description, as set forth in the City of Anna, Texas Home -Rule Charter (the "Charter") and City ordinances, and as may be lawfully assigned by the Council (collectively the "City Manager's Duties"). All duties assigned to the Manager by the Council shall be appropriate to and consistent with the professional role and responsibility of the City Manager position. 2.2 Duties. The Council does hereby employ the Manager as City Manager to perform the City Manager's Duties in accordance with the Charter, code of ordinances, and applicable law, and as reasonable required by the city council, and each of the following duties consistent with and to the full extent not prohibited by or in material conflict with any existing provisions of the Charter or applicable law: a. appoint, suspend and remove all City employees and appointive administrative officers provided for in the Charter, except as otherwise provided by the Charter or personnel rules adopted by the City Council in accordance with the Charter; b. direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law or the Charter; C. see that all state laws and City ordinances are effectively enforced; d. attend all City Council meetings —or if absent designate another City employee to attend —with the right to take part in discussion, but the City Manager may not vote; e. prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions; f. prepare and recommend to the City Council the annual budget and capital program, and administer the budget as adopted by the City Council; g. keep the City Council fully advised at least quarterly as to the financial conditions and future needs of the City, and make such recommendations concerning the affairs of the City, as the City Manager or the City Council deems desirable or necessary; City Manager Agreement Page 2 of 9 h. make reports as the City Council may require concerning the operations of the City departments, offices, or agencies subject to the City Manager's direction or supervision; and perform such other duties as are specified in the Charter or may be required by the City Council, and as are consistent with the Charter or state and federal law. The Manager shall perform the City Manager's Duties with reasonable care, diligence, skill and expertise. 2.3 Reassignment. The Manager cannot be reassigned from the position of City Manager to another position without the Manager's prior express written consent. 2.4 Council Meetings. Except to the extent prohibited by or in material conflict with applicable law, the Manager or the Manager's designee shall attend, and shall be permitted to attend, all meetings of the Council, both public and closed, with the exception of those closed meetings devoted to: (1) the consideration of any action or lack of action on this Agreement, or any amendment thereto; (2) evaluations of the Manager, City Secretary, Municipal Court Judge and the City Attorney; (3) addressing conflicts between individual Council members; and (4) instances where the attendance of the Manager would create a conflict of interest or impediment to the Council receiving candid legal or other professional advice. 2.5 Criticisms, Complaints, and Suggestions. The Council, individually and collectively, shall refer in a timely manner all substantive criticisms, complaints, and suggestions called to the Council's attention to the Manager for study and/or appropriate action, and the Manager shall refer the matter(s) to the appropriate City employee or shall investigate such matter(s) and inform the Council of the results of such efforts. 2.6 Indemnification. THE CITY SHALL DEFEND, HOLD HARMLESS, AND INDEMNIFY THE MANAGER TO THE FULL EXTENT IT MAY BE PERMITTED TO DO BY CHAPTER 102 OF THE TEXAS CIVIL PRACTICE & REMEDIES CODE. The provisions of this Paragraph 2.6 shall survive the termination, expiration or other end of this Agreement and/or the Manager's employment with the City. 2.7 Appropriation. The Council has appropriated, set aside and encumbered, and does hereby appropriate, set aside, and encumber, available and otherwise unappropriated funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement. City Manager Agreement Page 3 of 9 2.8 Hours of Work. The Manager acknowledges the proper performance of the City Manager's Duties require the Manager to generally observe normal business hours and will also often require the performance of necessary services outside of normal business hours. The Manager agrees to devote such additional time as is necessary for the full and proper performance ofthe City Manager's Duties and that the compensation herein provided includes compensation for the performance of all such services. However, the City intends that reasonable time off be permitted the Manager, such as is customary for exempt employees so long as the time off does not interfere with the normal conduct of the office of the City Manager. The Manager will devote full time and effort to the performance of the City Manager's Duties, and shall remain in the exclusive employ of the City during the term of this Agreement. III. Compensation, Benefits, and Expenses 3.1 Salary. For the Initial Term, the City shall provide the Manager with an annual salary in the sum of $169,000. The Manager's salary shall be paid to the Manager in equal installments on the schedule of other City employees and shall be paid net of any applicable withholding or deductions required by applicable law. 3.2 Salary Adjustment. At any time during the term of this Agreement, the Council may, in its discretion, review and adjust the salary of the Manager. Such adjustments shall be made pursuant to lawful Council resolutions. In such event, the parties agree to provide their best efforts and reasonable cooperation to execute an amendment to this Agreement incorporating the adjusted salary. Beginning in 2019, the Manager's then current salary shall be considered for adjustment each year, at the same time other employees appointed by the City Council receive their increased compensation adjustments, or at such other specific time as may be agreed upon. It is generally the intent of the City and the Manager that the Council shall conclude its consideration of the Manager's salary adjustment before the end of September of each year; provided, however, that failure of the Council to conclude its consideration of the salary adjustment within this time period shall not be considered a breach of this Agreement. The Council shall base said adjustment on the performance of the Manager and may use factors such as comparable municipal compensation for the city manager position. 3.3 Paid Leaves — Vacation, Sick and Holiday. The Manager shall begin employment with 120 hours of vacation leave and vacation leave shall thereafter be governed by the City of Anna Personnel Manual (the "Personnel Manual"), except that beginning on the Manager's first day of employment and continuing for each year thereafter, the Manager shall accrue 8 hours of vacation leave per month, and shall accrue a maximum of the greater of 240 hours of annual vacation leave or the maximum provided for in the Personnel Manual for City employees. The vacation leave taken by the Manager will be taken at such time or times as will not materially interfere with the performance of the City Manager's Duties. The Manager shall begin employment with 80 hours of sick leave and shall otherwise be governed by the same City Manager Agreement Page 4 of 9 sick leave benefits as authorized for other employees of the City under the Personnel Manual. The Manager shall observe the same legal holidays as provided under the Personnel Manual. 3.4 Benefits — General. Unless expressly provided otherwise in this Agreement, in addition to those benefits specifically set forth herein, the Manager shall be entitled to the same benefits that are enjoyed by other administrative employees of the City pursuant to all applicable law. 3.5 Insurance — Health. During the term of this Agreement, the City agrees to pay the premiums for health, hospitalization, vision, dental and comprehensive medical insurance for the Manager and the Manager's dependents pursuant to the group health care plan provided by the City for its administrative employees. 3.6 Retirement Benefit. The City agrees to enroll the Manager into the TMRS retirement system and the City's 457 Plan and to make at least the same level of contributions for the Manager or on the Manager's behalf as the City does for its other administrative employees consistent with all applicable law. 3.7 Expenses. The City shall pay or reimburse the Manager for reasonable expenses incurred by the Manager in the continuing performance of the City Manager's Duties. Actual or incidental costs may include, but are not limited to, gasoline, hotels, and accommodations, meals, rental car, and other expenses incurred in the performance of the business of the City. The Manager shall comply with all procedures and documentation requirements to recover expenses in accordance with the Personnel Manual and applicable law. 3.8 Bonds. The City shall bear the full cost of any fidelity or other bonds required of the Manager under any law or ordinance. 3.9 Civic Activities. The Manager is encouraged to participate in community and civic organizations and activities. The cost of such activities shall be borne by the City. 3.10 Vehicle Allowance. The Manager shall be paid $400 per month as a vehicle allowance. 3.11 Moving Expenses. Upon the Manager relocating his residence to the City of Anna, the City shall reimburse Manager up to a maximum of $2,500, upon receipts for expenses as otherwise required under the Personnel Manual. 3.12 Mobile Phone. The City shall provide and pay for the Manager's mobile phone for professional and reasonable personal use; provided, however, that at the Manager's option the City shall provide an allowance to the Manager for a City Manager Agreement Page 5 of 9 mobile phone that the Manager may use for professional and reasonable personal use. 3.13 Discretionary Reimbursable Expenses. In addition to reimbursement for normal and customary expenses described in paragraph 3.7 and Section IV of this Agreement, the City shall reimburse the Manager up to $2,500 for other expenses incurred by the Manager in the Manager's discretion in the continuing performance of the City Manager's Duties. IV. Professional Growth 4.1 Professional Dues and Subscriptions. The City agrees to budget for and to pay for reasonable professional dues and subscriptions of the Manager necessary for continuation and full participation in national, state, regional, and local associations and organizations as necessary and/or desirable for the good of the City through the Manager's continued professional participation growth and advancement, including ICMA, TCMA, local service clubs or other similar local organizations. 4.2 Professional Development Travel. The City agrees to budget for and to pay for reasonable travel and subsistence expenses of the Manager for professional and official travel and meetings to adequately continue the professional development of the Manager and to pursue necessary official functions forthe City, including but not limited to the ICMA annual conference, the Texas Municipal League, the Texas City Management Association, and such other national, regional, state and local government groups and committees in which the Manager is a member. 4.3 Professional Continuing Education. The City also agrees to budget for and to pay for reasonable travel and subsistence expenses of Manager for short courses, institutes, and seminars that are necessary and/or desirable for the good of the City through the Manager's professional development. V. Performance Evaluation 5.1 Evaluation Process. The Council shall review the Manager's job performance at least once annually. Said job performance evaluation shall be undertaken at the time when other employees appointed by the Council receive their increased compensation adjustments, or at such other specific time as may be agreed upon. Said Evaluation Process shall include Council review of a comprehensive overview, prepared by the Manager, of the prior year or time period achievements, work efforts, and project progress of the City organization. The Council may supplement the overview prepared by the Manager. It is the intent of the evaluation process that the Manager and Council establish an effective communication linkage so that each knows the goals and objectives to be pursued and the perception of the other party as to the implementation success achieved. The annual performance reviews and evaluations shall be in writing and in accordance with criteria and format developed jointly by the City Manager Agreement Page 6 of 9 Council and the Manager. The Council shall provide the Manager a reasonable and adequate opportunity to discuss with the Council and/or respond to the Manager's evaluation. It is the intent of the evaluation process that the Manager and Council establish an effective communication linkage so that each knows the goals and objectives to be pursued and the perception of the other party as to the implementation success achieved. 5.2 Confidentiality. Unless the Manager expressly requests otherwise in writing, except to the extent prohibited by or in material conflict with applicable law, the evaluation of the Manager shall at all times be conducted in closed session of the Council and shall be considered confidential to the maximum and full extent permitted by law. Nothing herein shall prohibit the Council or the Manager from sharing the content of the Manager's evaluation with their respective legal counsel. 5.3 Modification of Evaluation Process. In the event the Council determines that the evaluation instrument, format and/or procedure are to be modified by the Council, and such modifications would require new or different performance expectations, then the Manager shall be provided at least six (6) months to demonstrate such expected performance before being evaluated. VI. Termination 6.1 Termination Events. This Agreement shall terminate upon any of the following: a. Separation by voluntary resignation of the Manager; b. Separation by mutual agreement of the Council and Manager in writing and signed by them; C. Separation by retirement or death of the Manager; d. Termination of the Manager's employment by majority vote of the full memberships of the Council, in accordance with the City's Charter, Sec. 4.01(c). 6.2 Compensation Upon Termination. Upon a Termination Event, the Manager shall be entitled to receive compensation of salary earned up until the time of the termination plus the value of any accrued but unused vacation and sick/personal leave days. These amounts shall be computed on an hourly basis using 2,080 as the annual number of hours. Notwithstanding the foregoing, this Paragraph 6.2 shall not apply if the Manager is entitled to Severance under Paragraph 6.3. City Manager Agreement Page 7 of 6.3 Severance. This Paragraph 6.3 shall only apply to a Termination Event under Paragraph 6.1 d.; provided, however, that this Paragraph 6.3 shall not apply and the Manager shall not be entitled to the Severance Amount or Severance Benefits for any Termination Event under Paragraph 6.1.d. that is made on the basis of Good Cause. For the purposes of this Paragraph, "Good Cause" means that: (1) the Manager has been convicted of a felony, a crime of moral turpitude, or any other crime or Charter violation that would lawfully require the Manager's removal from or forfeiture of the position of City Manager; or (2) the Manager fails to reside within the City to the extent required under the Charter. For the Purposes of this Paragraph, "Severance Amount" means an amount equal to the value of six (6) months of the Manager's then current salary and the value of any accrued but unused vacation and sick/personal leave days, computed on an hourly basis using 2,080 as the annual number of hours. For the Purposes of this Paragraph "Severance Benefits" means, at the City's expense, provision of continued health insurance benefit pursuant to Paragraph 3.5 of the Agreement, for a time period that is the earlier of: (1) six (6) months; or (2) until the Manager obtains other fulltime employment and coverage through a group health insurance plan from the Manager's new employer. If this Paragraph 6.3 applies to a Termination Event, the Manager shall be entitled to receive the Severance Amount and the Severance Benefits. The Manager may elect by written notice to the City to receive the Severance Amount in a single lump sum payment or paid in equal installments over a six-month period from the time of the Manager's separation from employment with the City. If the Manager fails to make such an election, the Manager shall be paid the Severance Amount in a single lump sum payment. VII. Residency Requirement 7.1 Residency Requirement. The Manager need not be a resident of the City when appointed, but must, within one year after such appointment, reside within the City during the balance of the tenure of his or her appointment, with up to a six-month extension granted by the City Council upon a showing of good cause. VIII. General Provisions 8.1 Complete Agreement. This Agreement sets forth and establishes the entire understanding between the City and the Manager relating to the employment of the Manager by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written signed agreement may amend any provision of this Agreement during the term of this Agreement; such amendments shall be incorporated and made a part of this Agreement. City Manager Agreement Page 8 of 9 8.2 Binding Effect. This Agreement shall be binding on the City and the Manager as well as their heirs, assigns, executors, personal representatives and successors in interest. 8.3 Savings Clause. If any term or provision of this Agreement, as applied to any party or to any circumstance, is declared by a court of competent jurisdiction hereof to be illegal, unenforceable or void in any situation and in any jurisdiction, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending provision in any other situation or in any other jurisdiction. The parties agree that the court or arbitrator making such determination shall have the power to reduce the scope, duration, area or applicability of the term or provision, to delete specific words or phrases orto replace any illegal, unenforceable or void term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision. 8.4 Conflicts. In the event of any conflict between the terms, conditions and provisions of this Agreement and applicable law, then, unless otherwise prohibited by law, the terms of this Agreement shall take precedence over the contrary provisions of applicable law during the term of this Agreement. 8.5 Controlling Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas unless otherwise provided bylaw. City of Anna, Texas t�:• � By: Nate Pike, Mayof IL * *•` Executed on this thepday of 2018. P City Manager es J. Pr (Au 28, 2018) By: James J. Proce Executed on this the 28 day of August, 2018. City M.... cr Agreement Page 9 of 9 sae Leo a�ao D o e ee 0 O,o T p a OATH OF OFFICE CITY OF ANNA, TEXAS P IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, James Proce, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of C� City Manager of the City of Anna, County of Collin an State of Texas, and will to the best of my t ability preserve, protect and defe d the Constitution d la of the United States and of this State, + so help me God. l•+ 0 a James Proce o o � o � State of Texas) 1 County of Collin) G 1 f Sworn to and subscribed before me this L b day of 2018. G o Carrie L. Smith, City Secretary "I '° 11, TEXP 1411111111101, C� C� 0 extendedifter several months without a permanent City an offerto Jim Proce,to be tCity he nextManager of our great City, His employment will be approved by the City Council on Tuesday night's A • Council•: Mr. Prose comes to Anna with over 35 years of experience in city management, with a strong background in planning and development, construction management, public works, utilities, emergency management and preparedness, innovation and more. His vast experiences in each of these areas will be an amazing asset to our great City, as we are on the verge of explosive growth and postured for a great future, all of these challenges where Jim has helped other communities flourish in his vast experience. 4,merican Public Works Association (APWA) Public Works Leadership Fellow, has multiple certifications from the FEMA Emergency Management Institute and has been an APWA Accreditation Site evaluator having led multiple efforts for departmental agency accreditations for agencies he has served. he current Director of Business Development and Strategy for the Bowman Consulting Group, a national civil engineering firm, where he has been • • on development an• engineering projects in Texas and Florida. previously served ►.•. 1: an assistant city manager Texas, public works director Texas r • Florida, • • •n manage • president of a regionalwater• • district. He started his career in engineering and public works, working his way through most every position in the profession. an adjunctinstructorfor ` • Public program Texas University and is the 2016 APWA Top Ten Public Works Leader Award winner and the 2011 APWA Community ♦ • Emergency Response Team and the Regional Emergency Preparedness Advisory Committee. Additionally, he has served nationally on the FEMA Interdisciplinary Collaboration Working Group for the National Advisory Council. He is a graduate of the Harvard University John F. Kennedy School of Government, Senior Executives of State & Local Government program and has an MBA from the University of Central Florida in Orlando, Florida and a BS from Rollins College in Winter Park, Florida. He currently resides in Rowlett, Texas, with his wife of M years, Irene, and 2 children, Gabriela, a student at the University of Texas in Arlington and Joseph, a student at the University of North Texas. The Proce family will be relocating to Anna very soon. When asked about he prospects of Anna, Jim said, "I am very excited about Anna as 1 want to help build the City for the generations! I saw great opportunity where my skills and abilities and the needs and desires of this community intersect, one vision, one goal, one team, Anna, my new hometown!" City of Anna, Texas Amendment to City Manager Agreement THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § This Amendment to City Manager Agreement (this "Amendment") is made and entered into effective January 14, 2023 by and between the City of Anna, Texas, a Texas municipal corporation (the "City") and James J. Proce (the "Manager"). The City Manager Agreement was originally effective on or about August 28, 2018. Part VI of the City Manager Agreement, as heretofore amended, is hereby amended to add a new Section 6.4 as follows: "6.4 Resignation. Notwithstanding any other provision of this Agreement, a written resignation tendered by the Manager to the Council on January 14, 2023 shall be deemed to be a Unilateral Severance under this Agreement and the Manager shall be entitled to the Severance Amount and Severance Benefits as set forth below; provided, however, the written resignation must give notice of the final date of employment being through February 17, 2023 (the "Separation Date"). It is understood and agreed that the Manager's last day at City Hall is Tuesday, January 171 2023 and that until the Separation Date the Manager shall commit to being remotely "on call" by phone for consultation Monday -Friday during normal City business hours (the "On -Call Period"). During the On -Call Period: (1) the Manager shall be paid his then current salary with no changes to his employee benefits; and (2) shall be considered an assistant to the Interim City Manager. Severance Amount. The "Severance Amount" means the total amount of: (a) an amount equal to six months of the Manager's current salary as of the Separation Date, which the City and the Manager agree to be in the amount of $107, 500.00; (b) the value of any accrued but unused vacation and sick/personal leave days as of February 17, 2023, computed on an hourly basis using 2,080 as the annual number of hours. The City and the Manager agree that the value of accrued but unused vacation and sick time is in the amount of. This amount shall be paid to the Manager on or before February 24, 2023; and (c) an amount up to $2,500 for City work -related expenses, including but not limited to IMCA and other professional certifications and/or memberships, incurred by the Manager on or before February 17, 2023. Amendment to City Manager Agreement Page 1 of 3 Payment of Severance Amount. The Severance Amount shall be paid to the Manager over a six-month period starting after the Separation Date in biweekly payments coinciding with the City's normal payroll schedule but paid out of accounts payable; provided, however, that the Manager may elect to accelerate payment of all or any part of the remaining Severance Amount that has not been paid to the Manager. To make an election to accelerate all or any payments of the remaining Severance Amount, the Manager shall provide written notice to the Director of Human Resources specifying the amount(s) that the Manager elects to be accelerated (the "Acceleration Notice"). The City shall then be obligated to pay said accelerated amount(s) to the Manager within 15 days of receipt of the "Acceleration Notice." The amount(s) of payments that the Manager elects to be accelerated shall be subtracted from the balance of the remaining Severance amount. Provision of Severance Benefits. The "Severance Benefits" means, at the City's expense, provision of continued health and life insurance benefits as described in Section 3.5 of this Agreement. The City shall provide the Manager with Severance Benefits until the earlier of: (1) twelve months after the effective date of the Manager's resignation; or (2) until the Manager obtains other full-time employment and substantially similar coverage through a group health insurance plan and life insurance plan from the Manager's new employer. Within 15 days of obtaining such substantially similar coverage, the Manager shall notify the Director of Human Resources in writing of said coverage. Delivery of Payment. Other than Current Obligations, which shall be processed through payroll, all payments to the Manager under this section shall be sent by First Class U.S. Mail to the Manager's last known address unless the Manager specifies another delivery method or location. Device Purchase. The Manager shall be permitted to purchase and keep the computer laptop with docking station and related peripheral equipment previously assigned to him for work purposes by the City. The purchase amount is $100.00 for said devices, which the City may deduct from the Severance Amount. Notwithstanding the foregoing, the Manager must first surrender all devices previously assigned to the Manager to the City's IT Department so that the content of the devices can be copied and retained for purposes of compliance with applicable law. The provisions of this Section 6.4 shall be enforceable regardless of any provision of the City of Anna Personnel Policy Manual. Any required advance notice of resignation is hereby waived by the City. In the event of the Manager's resignation, the parties agree not to make disparaging comments or statements about each other. Upon submission of the Manager's resignation in writing, the City and the Manager shall be bound to perform all aspects of this Section 6.4, and except as relates to the obligations set forth in this Section 6.4, the City and the Manager fully and finally Amendment to City Manager Agreement Page 2 of 3 release each other from any and all liability and claims that may have previously accrued at any time including without limitation the date of submission of the Manager's resignation." THIS AMENDMENT IS AGREED TO AND APPROVED ON JANUARY 14, 2023. City of Anna, Texas � — Nate Pike, Mayor Attest: Carrie L. Land, City Secretary Manager mes J Amendment to City Manager Agreement Page 3 of 3 Jim Proce, ICMA-CM, City Manager January 14, 2023 Mayor and City Council City of Anna, Texas 120 West 7th St Anna, TX 75409 Honorable Mayor and City Council Members: It is with greatest respect that I proffer my resignation as City Manager from City of Anna, Texas, effective February 17, 2023. After decades of service to communities in Florida and Texas, now having served four cities honorably, I have decided to move on to explore other opportunities, spend some time with my wife, kids, and family located all over this great country, continue writing articles for the profession, and finish writing my book. I am grateful for the opportunity to have served this great community for the past four and half years and for the accomplishments we have all achieved together as a community, as a team, and a family. During my tenure, I am most proud to have overseen and led many exciting initiatives, projects, and achievements, of which, have set this community on a trajectory for a better quality of life here in Anna for all neighbors, and for that we should all celebrate, knowing the great things yet to come. Some of these achievements include: • Creation of required guiding documents: strategic plan, comp plan, park & trail master plan, thoroughfare plan, financial plan, downtown plan, utility plan, the ARPA plan and many others • Solidifying of policies: personnel policy, financial policy, PID policy, budgeting, and transparency policies • Creation of new departments: Recreation, Economic Development, Human Resources, Building Permitting, Engineering Services, Code/Neighborhood, Information Systems, Facilities/Fleet, Communications, GIS, Stormwater Utility, while eliminating the dependency on consultants resulting in significant cost savings and increased and offset revenue generation, established new programs and revenue sources, and providing expanded services and information to our neighbors • Established fee structures for impact fees, rental registration, alarms, utilities, solid waste, and permitting, leveraging the staff talent to deliver financial stability • Development of a high-performance professional team with subject matter experts in all functional areas • Improvement in governance processes providing for council orientations, established and improved board liaison appointments and interview processes, updated ethics and governance guidelines and code • Community engagement through Comp Plan charettes, Diversity and Improvement Board, newly formed recreation events, telephone townhalls, video production, newsletters, social media, neighbor surveys, and city manager breakfasts with the neighbors, not only involving our neighbors but informing them of all of the exciting things that are available • Executed successful financial management: Texas Comptrollers Transparency Stars; continued improved bond ratings resulting significant savings, successful bond elections for $58mm, secured agreements and Jim Proce, ICMA-CM January 14, 2023 Page 2 permits for regional sewer plant; enterprise fleet program typically resulting in actual profits to reinvest into vehicle acquisition costs, cash management yielding significant revenue increases • Created a true capital improvement program delivering projects: numerous road improvements, numerous facilities, parks, facilities, and major fire apparatus and equipment • Staffed greatly improved public safety departments, with appropriate apparatus, equipment, vehicles, while improving response times, professionalism, and organizational structure comparable to the best in the region if not the State • Built a top-notch team of professionals, increasing the level of advanced degrees of professional staff over 500%, built staffing plans for public safety and major departments, established compensation philosophies, and improved insurance for employees to remain relevant in the market, hiring and training over 100 new employees internally • Attracted, overseen, permitted, and put into operation over $250,000,000 in commercial development and set in motion a planned $400,000,000 to be realized in the foreseeable future, while simultaneously permitting approximately 3,000 single family homes in this period, streamlining permitting processes going from 13 and half weeks to one day for review and permit, all this yielding a total ad valorem valuation that is 2 and half times greater now than in 2018, and sales tax that have tripled during this same duration, yet while managing and reducing the tax rate, providing an initial homestead exemption, all efforts providing great value to our neighbors. I have worked tirelessly during my time here to deliver these initiatives, along with the strongest management team and staff in all of North Texas, the likes of being the best group I have ever been privileged to work with. Having starting here with a blank canvas, with such limited resources, and having no systems in place, having to establish many automation and modernization efforts, providing more cost effective and efficient processes and practices, we have set in motion a high performance team positioned for continued growth and success, having created a masterpiece in the making. I offer my best wishes and continued success to each of you and to my team, in the continued quest to serve our community, manage continued professional managed growth, and provide the experience of a better quality of life for all of our neighbors. I’ll see you around town! Sincerely, Jim Proce ICMA-CM