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
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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.
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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.
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City Manager:
James W. Campbell III
ATTEST:
Lori A. Farwell, City Secretary
APPROVED AS TO FORM:
City Attorney
Andy Wambsganss, Mayor
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