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HomeMy WebLinkAboutM2008-340 - 12/16/2008MOTION 12/16/08 47 Motion authorizing an employment contract with City Manager Angel Escobar as negotiated and delineated in the agreement as attached to this motion. ATTEST: Armando Chapa, City ecretary enry Ga rett, Mayor City of C rpus Christi M2008-340 EMPLOYMENT CONDITIONS AND SALARY FOR CITY MANAGER'ANGEL R. ESCOBAR WHEREAS, the City of Corpus Christi ("City') desires to employ the services of 'Angel R. Escobar ("Escobar") as the City Manager of the City as provided by the City Charter; and WHEREAS, it is the desire of the City to provide certain benefits, establish certain conditions of employment and to set the working conditions of the City Manager, and WHEREAS, it is the desire of the City to (1) secure and retain the services of Escobar as City Manager and to provide inducement for him to remain in such employment, (2) make possible full work productivity by assuring his morale and peace of mind with respect to future security, and (3) act as a deterrent against malfeasance or dishonesty for personal gain on the part of the City Manager; and WHEREAS, Escobar will become a member of the International City Management Association (ICMA) and will be subject to the ICMA code of ethics. Section 7. DUTIES The City employs Escobar as the City Manager of City to perform the functions and duties specified by law and to perform other legally permissible and proper duties and functions as City shall from time to time assign. A. Nothing herein shall prevent, limit or otherwise interfere with the right of City to terminate the services of the City Manager at any time, with severance pay under Section 2, as applicable. B. Nothing herein shall prevent, limit or otherwise interfere with the right of the City Manager to resign at any time from his position with the City. Section 2. TERMINATION AND SEVERANCE PAY A. In the event Escobar is terminated by the Council, and during such time Escobar is willing and able to perform his duties, then in that event the City agrees to pay Escobar a lump sum cash payment equal to six (8) months aggregate salary, and benefits under Sections 7, 8, 9 and 10 (the "Severance Pay"). In consideration of Escobar's acceptance of appointment as City Manager by the City an amount equal to the Severance Pay shall, upon Escobar's written acceptance, be placed in Trust for Escobar's benefits, subject to the contingencies provided in this paragraph. Such Trust atl-be ittevocable-antic-distributed-to Escobar pursuant to-the-contingencies-stated-in - this paragraph, or returned to the City, if Escobar terminates from the City under circumstances other than the stated contingencies. Staff is directed each year to include in the budget any amount necessary to supplement the Trust Fund to provide the Severance Pay at the level of Escobar's then existing salary and benefits. Employment Conditions & Salary for City Manager'Angel R. Escobar Page 1 of 5 B. In the event the City at any time reduces the salary or other financial benefits of Escobar in a great percentage than an applicable across-the-board reduction for all employees of the City, or in the event the City refuses, following written notice, to continue any provisions benefiting Escobar herein, or Escobar resigns following a suggestion, whether formal or informal, by a majority of the Council that he resign, then, in that event Escobar may, at his option, be deemed to be "terminated" at the date of such reduction, refusal or resignation. C. In the event Escobar voluntarily resigns his position with the City, he will try to give the City sixty (60) days notice in advance. D. In the event Escobar is terminated by the Council, Escobar will also be compensated for all earned personal leave, vacation, and sick leave to the date of termination. E. In the event Escobar is terminated because he has been convicted of a crime, except for minor traffic offenses, the City shall have no obligation to pay the sum specified in Section 3(A). Section 3. SALARY 2 ,U'~ S^ ~„'~. A. The City Manager shall be paid an annual base salary ~ $9$2;860 in installments at the same time as other management employees of the City are paid. B. The City will increase the base salary and benefits of Escobar in such amount and to such extent as the Council may determine is desirable on the basis of an annual salary review. Section 4. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the City Manager at least once annually in advance of the adoption of the annual operating budget. Said review and evaluation shall be in accordance with specific criteria developed jointly by the City Council and the City Manager. Said criteria may be added to or deleted from as the Council may from time to time determine, in consultation with Escobar. B. Annually, the City Council and City Manager shall define such goals and performance objectives as they determine necessary for the proper operation of the City of Corpus Christi and which achieve the Council's policy objectives, and they 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 ~pecified~nd~he~nnualbperating-and capital budgets and appropriations-provided - - C. In effecting the provisions of this Section, the City Council and the City Manager will abide by the provisions of all applicable laws. Employment Conditions & Salary for City Manager'Angel R. Escobar Page 2 of 5 Section 5. HOURS OF WORK It is recognized that the duties of the City Manager require a great deal of time outside of normal work hours. It is also recognized that the City Manager is required to devote the amount of time necessary to carry out those duties with the highest amount of professionalism, further that the City Manager may be called upon twenty-four (24) hours a day, seven (7) days of the week to discharge his duties. That being the case, the City Manager is authorized to take periods of personal time off during business hours when it is appropriate and when his duties allow. This personal time off is not considered vacation. Section 6. OUTSIDE ACTIVITIES The City Manager may engage in limited non-City connected activities such as teaching, writing, counseling or consulting outside of the normal business hours of the City. The City Manager shall not engage in any such activities during the normal business hours of the City, except while on vacation or with the approval of the Mayor. Any non-City connected activities covered by this section may only be engaged in with advance approval of the City Council for the specific activity. Section 7. AUTOMOBILE A. The City Manager is required to be available to discharge his duties twenty-four (24) hours a day. The City Manager's duties require that he have access to a vehicle for City business. The City shall grant to the City Manager a car allowance of $600 per month. Escobar shall be responsible for the purchase, maintenance, insurance, taxes and any other expenses associated with said vehicle. B. The City will reimburse the City Manager for mileage travel outside of Nueces County on City business at the same rate set for other City employees who receive monthly automobile allowances. Section 8. VACATION LEAVE Escobar will accrue vacation at the rate of four (4) additional days to those specified for other Executive employees of the City, up to a maximum of sixty (60) days, plus the current annual accrual rate during the calendar year. Vacation accrual that exceeds sixty (60) days as of the last pay period of the calendar year will be forfeited if not used prior to that date. The Mayor may authorize exceptions based upon extraordinary circumstances, work requirements or other purposes deemed beneficial to the City service. Upon resignation all accrued vacation will be paid~tthefult hoarly-rate afthe C-ity manager's compensation. - -- - Section 9. SICK LEAVE Escobar will accrue sick leave at the rate of three (3) additional days to those specified for other Executive employees of the City, up to a maximum of one hundred twenty (120) days. Upon resignation, a maximum of ninety (90) days accrued sick leave will be paid at the full hourly rate of the City Manager's compensation. Employment Conditions & Salary for City Manager'Angel R. Escobar Page 3 of 5 Section 10. RETIREMENT The City will execute all necessary agreements provided by the International City Manager's Association -Retirement Corporation (ICMA-RC) for employee participation in said ICMA-RC retirement plan. The City shall contribute full participation annually to said plan, and transfer ownership of the plan to succeeding employers upon Escobar's resignation or discharge. All sums contributed to said plan shall be in addition to Escobar's base salary. Section 11. PROFESSIONAL EXPENSES A. The City will budget and pay for travel and subsistence expenses of the City Manager for professional and official travel meetings and occasions adequate to continue the professional development of the City Manager and to adequately pursue necessary official functions for the City, including but not limited to the ICMA Annual Conference, the state league of municipalities and such other national, regional, state and local government groups and committees thereof which Escobar serves as a member. B. The City will budget for and pay for travel and subsistence expenses of the City Manager for short courses, institutes and seminars that are necessary for his professional development and for the good of the City. C. The City will budget and pay for the professional dues and subscriptions of the City Manager necessary for his continuation of full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement as City Manager and for the good of the City. Section 12. GENERAL EXPENSES The City recognizes that certain expenses of non-personal and generally job affiliated nature will be incurred by the City Manager and will budget and pay for said general expenses upon receipts of duly executed expenses or petty cash vouchers, receipts, statements or personal affidavits. Section 13. INDEMNIFICATION To the extent permitted under state and local law, the City shall defend, save harmless, and indemnify Escobar 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 ~erfom~anee~ffseabars duties~s~ity Manager. The City will compromise~nd-settle-any such claim or suit and pay the amount of any settlement or judgment rendered thereon, to the extent permitted by law. Employment Conditions & Salary for City Manager'Angel R. Escobar Page 4 of 5 Section 14. BONDING The City shall bear the full cost of any fidelity or other bonds required of the City Manager under any law or ordinance. Section 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, in consultation with Escobar, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Escobar, provided such terms and conditions are not inconsistent with or in conflict with the City Charter or any other law. B. All provisions of the City Charter and code and regulations and rules of the City relating to vacation and sick leave, retirement and pension system contribution, holidays, and other benefits and working conditions as they now exist or hereafter may be amended or enacted, shall also apply to the City Manager as they would to other employees of the City, except to the extent increased or altered for the benefit of the City Manager as provided herein. Section 76. GENERAL PROVISIONS A. The text herein shall constitute the entire provision for conditions of employment and compensation for the City Manager. B. This document shall be binding upon and inure to the benefit of the heirs at law and executors of Escobar. C. If any provision, or any portion thereof, contained in this document is held unconstitutional, invalid or unenforceable, the remainder of this agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in force and effect. D. This appointment of Angel R. Escobar as City Manager shall become effective commencing / 2~ / ~.~/ o X ACCEPTED IN CONSIDERATION OF THE FOREGOING THIS ~ $ DAY OF ~e('e~n~i r, 2008: 1 'Angel R. Escobar, P.E. Employment Conditions & Salary for City Manager'Angel R. Escobar Page 5 of 5 1 ~~ ~ SECRPTARY