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HomeMy WebLinkAboutO-1999-2360 . e ORDXBANCB BO. 99-2360 All ORDXBAlICE APPROVXBG All EXTEBSXOB OF THB BHPLOYHBBT AGREBHEBT BBTWEBB THE CXTY OF LA PORTB AND ROBERT T. HBRRBRA, CXTY MABAGBR, FOR A THREE YEAR TERN COMHEBCXBG OCTOBER 1, 1999; HAKXBG VARXOUS FXBDXBGS ABD PROVXSXOBS RBLATXBG TO THE SUBJECT; FXBDXBG COMPLXAlICE WXTH THE OPBB MEETXBGS LAW; AND PROVXDXBG All EFFECTXVB DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The Mayor is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 99- 2360 e PASSED AND APPROVED, this ~~ day of September, 1999. _ By: ATTEST: CITY OF LA PORTE ~~~ ~o man L. Malone Mayor PAGE 2 e e E~LO~mNTAGREEMENT This Agreement, made and entered into this 23rd of AU2ust. 1999. by and between the City of La Porte, State of Texas, a municipal corporation, hereinafter called "Employer" as party of the first part and Robert T. Herrera, hereinafter called "Employee" as party of the second part, both of whom understand as foUows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Robert T. Herrera as provided by La Porte City Charter; and WHEREAS, it is the desire of the Governing Board, hereinafter called "Council", to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; . and WHEREAS, it is the desire of the Council to: (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment; (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; (3) to act as a deterrent against malfeasance or dishonesty for personal gain on the part of Employee; and (4) to provide ajust means for tenninating Employee's services at such time as he may be unable to fully discharge his duties due to disability or when Employer may otherwise desire to tenninate his employ; and WHEREAS, Robert T. Herrera desires to accept employment as City ~Ianager of said City. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as fonows: Section 1. Duties Employer hereby agrees to employ said Robert T. Herrera as City ~Ianager of said Employer to perronn the functions and duties specified in said La Porte City Charter and to perronn other legally pennissible and proper duties and functions as the Council shall from time to time assign. Section 2. Tenn A. Employee agrees to remain in the exclusive employ of Employer until SeDtember 30. 2002, and neither to accept other employment nor to become employed by any other employer until said tennination date, unless said tennination date is atTected as hereinafter provided. The tenn "employed" shall not be construed to include occasional teaching, writing, consulting or military reserve service perfonned on Employee's time otT. 1 e e B. In the event written notice is not given by either party to this agreement to the other 90 days prior to the termination date as hereinabove provided, this Agreement shall be extended on the same terms and on conditions as herein provided, all for an additional period of three (3) years. Said Agreement shall continue thereafter for three-year periods unless either party hereto gives 90 days written notice to the other party that the party does not wish to extend this Agreement for an additional three-year tenn. Section 3. Tennination and Severance Pay A. Pursuant to the provisions of Section 3.01 (b), of the Home Rule Charter of the City of La Porte, the City Manager may be appointed and removed at the will and pleasure of the City Council by a vote of the majority of the entire City Council. In the event Employee is terminated by the Council before expiration of the aforesaid tenn of employment and during such time that Employee is willing and able to perform his duties under this Agreement, then and in that event Employer agrees to pay Employee as severance pay and liquidated damages, twenty-four (24) weeks salary and benefits, payable in installments over Employer's normal pay periods. In the event Employee secures other employment during such twenty-four (24) week period, the amount of such salary payments shall be reduced by the amount of salary payment received by Employee from such new employment In the event Employee is terminated by Council for cause, as defined in the current edition of the City of La Porte Personnel Policy Manual, Employer shall have no obligation to pay the severance pay and liquidated damages designated in this paragraph. However, Employee shall be compensated for any accrued sick leave, holidays, and other accrued benefits. B. In the event Employer at any time during the tenn of this Agreement reduces the salary or other fmancial benefits of Employee in a greater percentage than an applicable across-the-board reduction for all employees of Employer, or the Employee resigns following a suggestion whether fonnal or informal, by the Council that he resign, then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. C. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid tenn of his employment, then Employee shall give Employer thirty (30) days notice in advance, unless the parties otherwise agree. Section 4. Disability H Employee is pennanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to tenninate this Agreement subject to the severance pay requirements of Section 3, paragraph A. However, Employee shall be compensated for any accrued sick leave, vacation, holidays, and other accrued benefits. 2 e e Section 5. Salary Employer agrees to pay Employee for his services rendered pursuant hereto an annual base salary of $112.211.22 payable in installments at the same time as other employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as the Council may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given other employees generally. Section 6. Performance Evaluation A. The Council shall review and evaluate the performance of the Employee at least once annually. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee. Said criteria may be added to or deleted from as the Council may from time to time determine. Further, the Mayor shall provide the Employee with a summary written statement of the findings of the Council and provide an adequate opportunity for the Employee to discuss his evaluation with the Council. B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this Section, the Council and Employee mutually agree to abide by the provisions of applicable law. Section 7. Hours of Work It is recognized that Employee must devote a great deal of time outside the normal office hours to business of the Employer, and to that end Employee will be allowed to take compensatory time ofT as appropriate. Section 8. Automobile Employer shall pay Employee a monthly automobile allowance to the Employee in the amount of $400.00. The employee shall be responsible for paying for liability, property damage and comprehensive insurance on the automobile. Section 9. Disability, Health and Life Insurance A. Employer agrees to provide Employee, Employer paid insurance, such as life, health, medical, hospitalization, and the like, and to pay the premiums thereon, equal to that which is provided for all other employees of Employer. 3 e e B. Employee agrees to submit once per calendar year to a complete executive physical examination by a qualified physician selected by the Employer. Employer shaD receive a copy of aD medical reports related to said examination. C. Employer agrees to purchase and to pay the required premiums on tenn life insurance policies equal in amount to two times the annual gross salary of Employee, with the beneficiary named by Employee. Section 10. Professional Development A. Employer hereby agrees to budget for and to pay the travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately punue necessary official and other functions for Employer, including but not limited to the Annual Conference of the Texas City Management Association, the Texas Municipal League and such other national, regional, state and local government~ groups and committees thereof which Employee serves as a member. B. City agrees to pay the reasonable expenses involved for Manager and his spouse to attend two annual City related conferences. C. City agrees to pay reasonable expenses involved with annual professional financial planning consultation and yearly fding of income tax returns prepared by a Certified Public Accountant. D. Employer agrees to budget and to pay for the professional dues and subscriptions of Employee necessary for his continuation and fuB participation in national, regional, state and local associations and organizations necessary and desirable of his continued professional participation, growth and advancement, and for the good of the Employer. Section 11. General Expenses Employer recognizes that certain expenses of a nonpenonal and generally job-affIliated nature are incuJTed by Employee, and hereby agrees to reimbune or to pay said general expenses and the Finance Director is hereby authorized to disbune such monies upon receipt of duly executed expense or petty cash vouch en, receipts, statements or penonal affidavits upon approval ofthe Mayor. Section 12. Indemnification Employer shaD defend, save hannless and indemnify Employee against any tort, professional, liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the perfonnance of Employee's duties as City l\'Ianager. Section 13. Bonding Employer shaD bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. 4 tit e Section 14. Other Tenns and Conditions of Employment A. The Council, in consultation with the Manager, shall affIX any such other terms and conditions of employment, as it may detennine from time to time, relating to the perfonnance of Employee, provided such tenns 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 and adopted regulations and roles of the Employer relating to vacation and sick leave, retirement and pension system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as herein provided. C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual and payment therefore on tennination of employment. D. Employer shall not at any time during the tenn of this agreement reduce the salary, compensation or other financial benefits of Employee, except to the degree of such a reduction across-the-board for all employees of the Employer. E. The tenns and provisions of the current edition of the City of La Porte Personnel Policy Manual, shall be fully applicable to this agreement, except to the extent of any conflict, in which case the tenns and provisions of this agreement shall prevail In the event of a conflict between the provisions of the Home Rule Charter of the City of La Porte and this agreement, the Charter provisions shall prevail. Section 15. General Provisions A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. This agreement shall become effective commencing October 1. 1999. D. This agreement supersedes the agreement between the parties dated AU2Ust 1.1997. E. H any provision or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 5 e e IN WITNESS WHEREOF, the City of La Porte has caused this Agreement to be signed and executed in its behalf by its Mayor and duly attested by its City Secretary and the Employee has signed and executed this Agreement, both in duplicate, the day and year first above written. ATTEST: ~1 II J v'^tL a. JA1l1J,d ~tary (Seal) " APPROVED AS TO FORM: ../ ~ .. .' /' J'//. a~~};r U;d;;~ I City Attorney ,......." G~~ T ~~ Robert T. Herrera, City Manager "E:MPLOYEE" City of La Porte, Texas ~~~--'-- By: Nonnan L. l\tlalone, ayor "E:MPLOYER" This contract/agreement was disC;~~~d approved in an ope~d a regular scheduled City Council MeetiDg, September 8, 19'~"""", ~ 6