Loading...
HomeMy WebLinkAboutRes 2010-11-01 Approving an Amendment to the CM Agreement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2010-11-01 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDMENT TO THE CITY MANAGER AGREEMENT WHEREAS, the City Council of the City of Anna, Texas (the "City Council") and the City Manager have approved and executed a City Manager Agreement (the "Agreement") effective November 12, 2007; and WHEREAS, said Agreement was Amended on September 9, 2008; and WHEREAS, the City Council and the City Manager desire to further amend said Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement Amendment The City Council hereby approves the Amendment to City Manager Agreement attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the Mayor to execute same on behalf of the City. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of November 2010. ATTEST: Res. 2010-11-01 Amend CM Agreement.doc PAGE 1 OF 1 11..()9..10 EXHIBIT 1 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 the City Manager Agreement (the "Agreement"), is made and entered into effective the 9th day of November, 2010 by and between the City of Anna, Texas a Texas municipal corporation (the "City") and Philip Sanders (the "Manager"). The subparts of Part III and Part VI of the Agreement set forth below are hereby amended as follows: 3.5 Insurance -Health and Life. The City agrees to pay the premiums for health, hospitalization, vision, dental, and comprehensive medical insurance for the Manager, and 50% of said premiums for the same coverage for the Manager's spouse and dependents pursuant to the group health care plan provided by the City for its administrative employees. The City also agrees to pay the premiums for life insurance for the Manager in an amount equal to three times the Manger's annual salary as provided in and pursuant to the group health plan provided by the City for its administrative employees. 6.2 "Good Cause". For purposes of this Agreement the term "good cause" is defined a~a conviction for a misdemeanor involving moral turpitude or personal gain, or any felony; or (2) any conduct of the City Manager that ¥iolates the City's EthiGS Code as amended. 6.3 Unilateral Severance. As one of the termination events specified above in Paragraph 6.1, the Council may end the employment relationship and terminate this Agreement, at the pleasure of the Council, whether with or without good cause­ provided, however, that if severance is for good cause, then, notwithstanding any other language in this paragraph or in this Agreement to the contrary. it shall be at the sole discretion of the City Council as to whether the Manager shall be entitled to any or all of the Severance Amount that would otherwise be due and owing to the City Manager for a Unilateral Severance-and, upon written notice to the Manager as specified below and payment to the Manager of the Severance Amount (as defined below), the Severance Benefits (as defined below) and the Current Obligations (the "Unilateral Severance"). The Manager's resignation upon the Council's reduction or threatened reduction in the Manager's Salary or other financial benefrt.s shall also constitute termination of this Agreement by a Unilateral Severance. If the Manager resigns upon such a reduction, the calculation of the amount of any severance pay due and owing under this Agreement shall be based on the amount of the Manager's Total Compensation (as defined below) immediately before any such reduction. If the Council Page 1 of 3 specifies: (aa) the Council has voted to pursue a Unilateral Severance Pursuant to this Paragraph 6.3 of the Agreement, (bb) the effective date of the Unilateral Severance ("Severance Effective Date"), and (cc) the City's commitment to pay the Several amount (including a specific line item breakdown of the items that constitute the total Severance Amount, the Severance Benefits and the Current Obligations. On or before the Severance Effective Date, the Manager may by written notice to the City direct that the Severance Amount be paid and payable in a manner directed by the Manager, provided that the total Several Amount must be paid and payable on or before the first anniversary of the Severance Effective Date and there shall be no limitations on the City making all deductions and withholdings required by law. "Total Compensation" means the combined sum of the Manager's then current Salary and the monetary value of all other benefits that the Manager is entitled to under this Agreement and otherwise as an employee of the City. The "Severance Amount" means the total amount of: (a) an amount equal to the value of six months, increasing one month per year of employment until a maximum of 12 months, of the Manager's Total Compensation then current salary to serve as the primary basis for the Manager's severance pay}; and (b) the value of: (1) any accrued but unused vacation time up to a maximum of 30 vacation days or the maximum accrued vacation days allowed for administrative employees (whichever is higher) under the Policy Manual; and (2) any accrued but unused sick time up to a maximum of 12 days. The value of accrued but unused vacation and sick time shall be computed on an hourly basis determined by dividing the Manager's then current annual salary by 2080 hours. The "Severance Benefits" means, at the City's expense continued health and life insurance benefit§ pursuant to Paragraph 3.5 of tRethis Agreement, and at the Manager's s*pense, oontinued speuse and family insurance ce'.ff3rage at the same GOst as then in effect for other City employees, for a period equal to the number of months under the severance calculation provided for in Section 6.3 (a) above or if sooner, until the Manager obtains other full-time employment and substantially similar coverage through a group health insurance plan from the Manager's new employer. The "Current Obligations" includes all salary and benefits and other compensation provided for in under Section III. Compensation of this Agreement that is payable or Page 2 of 3 otherwise owed owing by the City to the Manager through and including the Severance Effective Date. In the event of a Unilateral Severance, the parties agree not to make disparaging comments or statements about each other. City of Anna, Texas City Manager Page 30f3