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HomeMy WebLinkAbout023333 RES - 06/09/1998RESOLUTION APPOINTING DAVID R. GARCIA CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, AND ESTABLISHING COMPENSATION FOR THE CITY MANAGER IN ACCORDANCE WITH ARTICLE III, SECTION 1, OF THE CITY CHARTER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: David R. Garcia is hereby appointed City Manager of the City of Corpus Christi, Texas, effective August 1, 1998, pursuant to the Corpus Christi City Charter, Article III, Section 1, with the terms and conditions of appointment as set forth in Exhibit A, attached hereto and incorporated herein. The compensation and terms of employment provided herein shall be in effect until changed by resolution or motion of the City Council; provided that benefits already earned may be changed only with consent of the City Manager. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE 9 DAY OF 71.,n -c_ , 1998: James R. Bray, Jr., City Attorney 8JRB0501.101 MICROFILMED 1?`>900 EMPLOYMENT CONDITIONS AND SALARY FOR CITY MANAGER DAVID R. GARCIA WHEREAS, the City of Corpus Christi ("City") desires to employ the services of David R. Garcia ("Garcia") as 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 Garcia 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, Garcia is a member of the International City Management Association (ICMA) and is subject to the ICMA code of ethics. Section 1. DUTIES The City employs Garcia 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 3, 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 3. TERMINATION AND SEVERANCE PAY A. In the event Garcia is terminated by the Council, and during such time Garcia is willing and able to perform his duties, then in that event the City agrees to pay Garcia a lump sum cash payment equal to six (6) months aggregate salary, and benefits under Sections 9 and 11, (the "Severance Pay"). In consideration of Garcia's acceptance of appointment as City Manager by the City and his relocation to Corpus Christi, an amount equal to the Severance Pay shall, upon Garcia's written acceptance, be placed in Trust for Garcia's benefit, subject to the contingencies provided in this paragraph. Such Trust shall be irrevocable until distributed to Garcia pursuant to the contingencies stated in this paragraph, or returned to the City, if Garcia 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 Garcia's then existing salary and benefits. 8JRB0500.601 A B. In the event the City at any time reduces the salary or other financial benefits of Garcia in a greater 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 Garcia herein, or Garcia resigns following a suggestion, whether formal or informal, by a majority of the Council that he resign, then, in that event Garcia may, at his option, be deemed to be "terminated" at the date of such reduction, refusal or resignation. C. In the event Garcia voluntarily resigns his position with the City, he will try to give the City 60 (sixty) days notice in advance. D. In the event he is terminated by the Council, Garcia will also be compensated for all earned sick leave, personal leave, and vacation to the date of termination. E. In the event Garcia 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 4. SALARY A. The City Manager shall be paid an annual base salary of $130,000.00, 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 Garcia in such amount and to such extent as the Council may determine is desirable on the basis of an annual salary review. Section 5. 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 the Employee. 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 specified and the annual operating 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 law. 8JRB0500.601 2 Section 6. HOURS OF WORK It is recognized that the duties of 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 7. 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 without the prior 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 8. MOVING AND RELOCATION EXPENSES A. Garcia shall be reimbursed, or the City may pay directly, for the expenses of packing and moving Garcia, his family, and his personal property from Phoenix, Arizona to Corpus Christi, Texas; which shall include packing, unpacking, necessary insurance and incidental storage charges. B. The City shall also provide a moving expense allowance not to exceed $3000.00 to reimburse Garcia for the actual costs associated with relocating from Phoenix to Corpus Christi. This allowance will reimburse the cost associated with house hunting trips and/or temporary housing for up to three (3) months. Section 9. 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 $500.00 per month for providing said vehicle. Garcia 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 10. VACATION AND SICK LEAVE A. As part of the inducement to Garcia to accept the position of City Manager, Garcia shall be credited with 10 days (80 hours) of vacation on his first day of work. Garcia will accrue vacation 8JRB0500.601 3 leave at the rate of 15 days annually. B. Garcia shall be credited with 10 days (80 hours) of sick leave on his first day of work. Garcia will accrue sick leave at the rate specified for other managerial employees of the City. Section 11. RETIREMENT A. 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 $7,500.00 annually to said plan, and transfer ownership of the plan to succeeding employers upon Garcia's resignation or discharge. All sums contributed to said plan shall be in addition to Garcia's base salary. B. The City also agrees to allow Garcia to contribute whatever portion of his base salary he may deem personally appropriate to said plan, with said total contribution (Employer plus Employee) not to exceed the maximum allowed by law. Section 12. 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 Garcia serves as a member. B. The City will budget for and to 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 13. GENERAL EXPENSES The City recognizes that certain expenses of nonpersonal 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 14. INDEMNIFICATION To the extent permitted under state and local law, the City shall defend, save harmless, and indemnify Garcia against any tort, professional liability claim or demand or other legal action, 8JRB0500.601 4 whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Garcia's duties as City Manager. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon, to the extent permitted by law. Section 15. 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 16. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, in consultation with Garcia, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Garcia, 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 17. 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 Employee. 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 David R. Garcia as City Manager shall become effective commencing August 1, 1998. ACCEPTED IN CONSIDERATION OF THE FOREGOING THIS 2. DAY OF SinkiE , 1998: 8JRB0500.601 5 r Corpus Christi, Texas nr/ yjh_day of \r(1/L' ,19'14 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Alex L. Garcia, Jr. Dr. Arnold Gonzales Betty Jean Longoria John Longoria Edward A. Martin Dr. David McNichols 8JRB0501.101 avb absea- 2