Loading...
Item 5CCITY OF SOUTHLAKE ADDENDUM No. 4 Employment Agreement City Manager THIS AGREEMENT, made and entered into this the 15 day of July 2003 by and between the City of Southlake, State of Texas, a municipal corporation, chartered under the constitution of the State of Texas as a home rule city, herein after called " Southlake" and James W. Campbell III, hereinafter called "City Manager," both of which parties hereto understand and agree as follows: WITNESSETH: WHEREAS, Southlake desires to employ James W. Campbell III as City Manager of the City of Southlake, as provided by the Southlake City Charter; and WHEREAS, it is the desire of the Southlake City Council to provide certain benefits, establish certain conditions of employment, and set certain working conditions of said City Manager; and WHEREAS, James W. Campbell III desires to accept employment as City Manager of said City on the terms outlined herein; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and hereinbefore stated, the parties hereto agree as follows: Section 1. Employment and Duties Southlake hereby agrees to the continued employment of James W. Campbell III as City Manager and employee of the City of Southlake and James W. Campbell III agrees to perform the functions and duties specified in the Southlake City Charter, and to perform such other duties and functions as the City Council shall from time to time assign. Section 2. Term A. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Manager to retire at any time from his position with Southlake, subject only to the provisions set forth in Section 3, of this Agreement. B. This Agreement, shall become effective upon execution by both parties, and extend through December 31, 2005 and for any and such other extensions as may be provided under the provisions of Subsection C of this Section. C. The City Council shall conduct an annual review of the City Manager's performance on or before November 2 of each year. The City Council may establish the review process prior to the annual review. The City Council shall review the employment of the City Manager and this Agreement generally and specifically for the purposes of determining an M: \wdfiles \campbell \agr city manager.doc Page 1 of 4 extension for successive one (1) or two (2) year periods. Any extension or modification of this Agreement shall be in writing, signed by both parties and attached as an addendum to this Agreement. Section 3. Termination and Severance Pay A. In the event the City Council desires to terminate the employment of the City Manager after the effective date of this Agreement and before expiration of the aforesaid term of employment and during such time City Manager is willing and able to perform his duties of City Manager, then, in that event, Southlake agrees to provide the City Manager with the opportunity to retire plus a lump sum payment in an amount equal to six (6) months salary at the then current salary of City Manager. B. In the event City Manager retires before expiration of the aforesaid term of employment, then City Manager shall give the City of Southlake six (6) months notice in advance, unless both parties agree otherwise. Section 4. Salary Southlake agrees to pay City Manager for his services rendered pursuant hereto an annual base salary of $132,600 payable in installments at the same time as other employees of Southlake are paid. Such annual salary may be modified from time to time by notice to City Manager, in writing, signed by the then Mayor or Mayor Pro Tern of the City of Southlake, and attached as an addendum to this Agreement. Section 5. Automobile Southlake shall acquire and maintain, as part of the City's fleet, an automobile for the exclusive use of the City Manager during the term of this Agreement. Section 6. Sick Leave City Manager shall be entitled to sick leave and benefits on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 7. Vacation City Manager shall be entitled to vacation leave and benefits on the same basis as heretofore accrued and credited, and on the same basis as for all other general employees of the City of Southlake. Section 8. Health Insurance Southlake agrees to provide medical, life insurance and other such benefits, and to pay the premium thereon, such benefits to be equal to that which is provided for all other city employees. M: \wdfiles \campbell \agr city manager.doc Page 2 of 4 Section 9. Retirement A. Southlake agrees to provide City Manager, to the full extent of his eligibility for same, retirement benefits under the Texas Municipal Retirement System, under the normal city retirement system in force on the date of retirement. Additionally, the City Manager shall be entitled to all retirement benefits on the same basis as for all other general employees of the City of Southlake. B. Southlake agrees to provide and pay up to $700.00 per month towards James W. Campbell's health insurance until he reaches the age and eligibility for federal health insurance assistance in the form of Medicare or Medicaid, or in the form it is available at the time of his eligibility for such assistance. Section 10. Indemnification A. Southlake shall indemnify City Manager against expenses (including attorney's fees) and amounts paid in settlement actually and reasonably incurred by him in connection with the defense of any civil, criminal or administrative action, suit or proceeding in which he is made a party or with which he is threatened, by reason of being or because of any act as City Manager within the course and scope of his duties and employment hereunder if he acted in good faith and in a manner in which he reasonably believed to be in or not opposed to the best interest of Southlake, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. B. Notwithstanding the foregoing, he shall not be entitled to indemnification regarding (i) any matter in which he shall be adjudged to be liable for negligence or misconduct in the performance of his duties, or (ii) any matter in which he fails to notify Southlake of a claim within a reasonable time or fails to cooperate in the defense of such claim, but only to the extent that the defense of such claim is prejudiced by his failure to give notice or to cooperate. Section 11. Bonding Southlake shall bear the full cost of any fidelity or other bonds required of City Manager under any law or ordinance. Section 12. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. If any provision, or any portion thereof, contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. IN WITNESS WHEREOF, the City Council of the City of Southlake has caused this Agreement to be signed and executed on its behalf by its Mayor and the below -named members of the Southlake City Council, duly attested by its City Secretary, and the City Manager has signed and executed this Agreement, both in duplicate, and day and year first above written. M: \wdfiles \campbell \agr city manager.doc Page 3 of 4 City Manager: James W. Campbell III ATTEST: Lori A. Farwell, City Secretary APPROVED AS TO FORM: City Attorney Andy Wambsganss, Mayor M: \wdfiles \campbell \agr city manager.doc Page 4 of 4