Item 5DCITY OF SOUTHLAKE
Employment Agreement
City Secretary
ADDENDUM NO. 1
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 Lori Farwell hereinafter called "City Secretary," both of which parties hereto
understand and agree as follows:
WITNESSETH:
WHEREAS, Southlake desires to employ Lori Farwell as City Secretary 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 Secretary; and,
WHEREAS, Lori Farwell desires to accept employment as City Secretary 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 employment of Lori Farwell as City Secretary of
Southlake and Lori Farwell hereinafter referred to as "City Secretary ", 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. Subject to the provisions of Section 3 hereof, it is intended by the parties hereto
that, unless same be sooner modified or terminated as herein authorized, the initial
term of this Agreement shall be from October 1, 2002 through December 31,
2005 Commencing during the month of December 2003, and on each successive
December during the term of this Agreement, the City Council shall review the
employment of the City Secretary and this Agreement generally and specifically
for the purpose of determining an automatic extension thereof for successive two
year periods. In the event the decision shall then be made to modify the annual
salary of the City Secretary and /or extend the term hereof for two years, the same
may be effected by attachment of an addendum hereto in the form of an Exhibit
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"A" indicating any salary modification and term extension and signed by City
Secretary and the Mayor of the City of Southlake.
B. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the City Council to terminate the services of City Secretary at any time,
subject only to the provisions set forth in Section 3, paragraphs A, B, and D of
this Agreement.
C. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the
right of the City Secretary to resign at any time from her position with Southlake,
subject only to the provisions set forth in Section 3, paragraph D, of this
Agreement.
D. City Secretary agrees to remain in the exclusive employ of Southlake as its City
Secretary until December 31, 2005 and for any further periods for which this
contract may be extended, and neither to, accept, not to become employed by any
other employer until said termination date, unless this Agreement is earlier
terminated as hereinafter provided.
Section 3. Termination and Severance Pay
A. In the event City Secretary is terminated by the City Council after the effective
date of this Agreement and before expiration of the aforesaid term of employment
for a reason other than as provided in Section 3.E. hereof, and during such time
City Secretary is willing and able to perform her duties of City Secretary, then, in
that event, Southlake agrees to pay City Secretary a lump sum payment in an
amount equal to six (6) months salary at the current salary of City Secretary and
to extend City Secretary's health and life insurance for six (6) months.
B. In the event City Secretary is terminated "for cause," Southlake shall have no
obligation to pay the cash severance payment designated in subparagraph A. The
term "for cause" shall mean:
1. Any willful breach, disregard or habitual neglect of duties requested of
City Secretary by the Southlake City Council formally communicated to
City Secretary or required to be performed by City Secretary hereunder or
under the Charter and ordinances of the City of Southlake and the laws of
the United States and the State of Texas;
2. Any misconduct of City Secretary involving an act of moral turpitude or
of illegality; or
3. Any misapplication or misuse by City Secretary of City funds entrusted to
or administered by City Secretary.
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C. In the event Southlake, at any time after the effective date of this Contract and
during the term hereof, reduces the salary or other financial benefits of City
Secretary in a greater percentage than an applicable across - the -board reduction for
all city employees, or in the event Southlake refuses, subsequent to such date and
following written notice, to comply with any provision hereof benefiting City
Secretary herein, then, in that event, City Secretary may, at her option, be deemed
to be "terminated" at the date of such reduction or such refusal to comply with
terms hereof by Southlake and shall be entitled to the cash severance payment and
insurance benefit extension provided for above.
D. In the event City Secretary voluntarily resigns her position with the City of
Southlake before expiration of the aforesaid term of employment, then City
Secretary shall give the City of Southlake two (2) months notice in advance,
unless both parties agree otherwise.
E. During the term of this Agreement, in the event Section 4.20 of the City Charter is
amended to provide that the Southlake city secretary shall be appointed by the
City Manager, this Contract shall terminate at midnight on the 30 day following
the date of the election at which the amendment is voted upon. At that time, the
City Secretary shall become an at -will employee of the City. The 30 -day period
is intended to provide sufficient time for the City to place the City Secretary's
position in the correct salary structure level within the City's salary plan and any
other adjustments necessitated by the amendment of the City Charter. If this
Contract is terminated pursuant to this subsection E., and City Secretary remains
employed with the City, she shall retain her seniority, accrued leave balances, and
all other at -will employee benefits.
Section 4. Salary
Southlake agrees to pay City Secretary for her services rendered pursuant hereto an
annual base salary of $61,200.00 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 Secretary, in writing, referencing this Agreement and signed by the then
Mayor or Mayor Pro Tem of the City of Southlake.
Section 5. Hours of Work
City Secretary is an exempt employee expected to engage in those hours of work which
are necessary to fulfill the obligations of the City Secretary's position and therefore does
not have set hours of work and is available at all times. City Secretary acknowledges that
the proper performance of duties as City Secretary of the City will often require the
performance of necessary services at other times and for more extended periods. City
Secretary agrees to devote such additional time as is necessary for the full and proper
performance of duties and that the compensation herein provided for includes
compensation for the performance of all such services; however, it is the desire of
Southlake that reasonable compensatory time off be permitted by the City Secretary, such
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as is customary for all other exempt employees, so long as such compensatory time off
does not interfere with the normal conduct of the Office of the City Secretary.
Section 6. Automobile, Mobile Phone, and Other Expenses
A. City Secretary shall be reimbursed mileage for any use of her personal vehicle
while on City business. Mileage reimbursement shall be at the same rate paid
other employees of the City of Southlake.
B. A mobile phone will be provided for City Secretary's unlimited use in the
performance of her duties hereunder.
C. Southlake agrees to pay all reasonable business expenses incurred by the City
Secretary on City business and for expenses incurred in obtaining professional
certification and recertification.
Section 7. Dues and Subscriptions
Southlake agrees to budget and to pay the dues of City Secretary for membership in the
following professional and civic organizations and subscriptions of City Secretary
necessary for her continuation and full participation in national, regional, state, and local
associations and organizations necessary and desirable for continued professional
participation, growth and advancement, for the good of Southlake:
Association of Records Managers and Administrators, Inc. (ARMA)
ARMA International Records Management
International Institute of Municipal Clerks
North Texas Municipal Clerks Association
Texas Municipal Clerks Association
Section 8. Professional Development
A. Southlake hereby agrees to budget and to pay the reasonable travel and
subsistence expenses of City Secretary for professional development and official
travel in sums adequate to continue the professional development of City
Secretary and to adequately pursue necessary official and other functions for
Southlake, including but not limited to, the Texas Municipal League, and such
other national, regional, state and local governmental groups and committees
thereof which City Secretary serves as a member, subject to City Council review
and approval.
B. Southlake also agrees to budget and to pay for the travel and subsistence expenses
of City Secretary for short courses, institutes and seminars that are necessary for
professional development, certification as a municipal clerk, and for the good of
Southlake.
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Section 9. Sick Leave
City Secretary shall be entitled to sick leave on the same basis as heretofore accrued and
credited, and on the same basis as for all other at -will, general employees of the City of
Southlake. Should City Secretary become so disabled by injury or illness so as to be
totally disabled from performing her duties as the City Secretary, City Secretary shall be
additionally entitled to disability benefits granted other general at -will employees of the
City which will continue City Secretary's salary and other benefits hereunder for a period
beyond and after accumulated vacation and sick leave not to exceed twelve (12) weeks in
the aggregate.
Section 10. Vacation
City Secretary shall be entitled to vacation leave 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 11. Health Insurance and Annual Medical Examination
Southlake agrees to provide dental, hospitalization, surgical, and comprehensive medical
insurance for City Secretary and to pay the premium thereon, such benefits to be equal to
that which is provided for all other city employees.
Section 12. Retirement
Southlake agrees to provide City Secretary, to the full extent of her eligibility for same,
retirement benefits under the Texas Municipal Retirement System, same being the normal
city retirement system presently in force.
Section 13. Outside Employment
City Secretary acknowledges, for and during the term of this Agreement, that City
Secretary shall devote her full time and effort to performance of the duties required
hereunder and shall not undertake, nor accept, any outside or other employment which
would in anywise limit City Secretary's performance of her duties hereunder or her
availability for performance of duties hereunder without the prior consent of the
Southlake City Council.
Section 14. Investments
It is further understood and agreed that because of the duties of City Secretary within and
on behalf of the City of Southlake and its citizenry, City Secretary shall not, during the
term of this Agreement, individually, as a partner, joint venturer, officer or shareholder,
invest or participate in any business venture conducting business in the corporate limits
of the City of Southlake, except as to traded, without the prior consent of the Southlake
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City Council. For and during the term of this Agreement, City Secretary further agrees,
except as to City Secretary's personal residence or residential property acquired or held
for future use as City Secretary's personal residence, not to invest, without the prior
approval of the Southlake City Council, in any other real estate or real property
improvements within the corporate limits of the City of Southlake, Texas.
Section 15. Indemnification
A. Southlake shall indemnify City Secretary against expenses (including attorney's
fees) and amounts paid in settlement actually and reasonably incurred by her in
connection with the defense of any civil, criminal or administrative action, suit or
proceeding in which she is made a party or with which she is threatened, by
reason of being or because of any act as City Secretary within the course and
scope of her duties and employment hereunder if she acted in good faith and in a
manner in which she 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 her conduct was unlawful.
B. Notwithstanding the foregoing, she shall not be entitled to indemnification
regarding (i) any matter in which she shall be adjudged to be liable for negligence
or misconduct in the performance of her duties, or (ii) any matter in which she
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 her failure to give notice or to cooperate.
Section 16. Bonding
Southlake shall bear the full cost of any fidelity or other bonds required of City Secretary
under any law or ordinance.
Section 17. Other Terms and Conditions of Employment
A. The City Council shall fix any such other terms and conditions of employment, as
it may determine from time to time, relating to the performance of City Secretary,
provided such terms and conditions are not inconsistent with or in conflict with
the provisions of this Agreement, the City Charter, or any other law.
B. All provisions of the City Charter, Code, and regulations and rules of Southlake
relating to vacation, sick leave, retirement, pension system contributions,
holidays, other fringe benefits and working conditions as they now exist or
hereafter may be amended, shall also apply to City Secretary as they would to
other employees of Southlake in addition to the other benefits enumerated
specifically for the benefit of City Secretary as herein provided.
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Section 18. General Provisions
A. The text herein shall constitute the entire Agreement between the parties.
B. This Agreement, subject to the provisions of Section 2 hereof, shall become
effective commencing October 1, 2002 and extend through December 31, 2005
and for any and such other extensions as may be provided under the provisions of
Section 2 hereof.
C. 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.
D. The City Council shall conduct an annual review of the City Secretary's
performance on or before December 31 of each year. The annual review is a
process by which actual performance is compared against written standards
established and agreed to in terms of key duties, goals, and performance
dimensions for the proceeding year. A written evaluation may be prepared by
each Council member with the results compiled into a single form by the Mayor.
The Mayor and City Council shall meet with the City Secretary in Executive
Session to discuss the evaluation and review City Secretary's salary.
IN WITNESS WHEREOF, 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 Secretary has signed and
executed this Agreement, both in duplicate, and day and year first above written.
CITY OF SOUTHLAKE
Andy Wambsganss, Mayor
CITY SECRETARY:
Lori A. Farwell
APPROVED AS TO FORM:
City Attorney
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