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Home My WebLink AboutC2010-369 - 9/14/2010 - Approvedr ~ ., ~ 1 a ~ e AMENDMENT TO EMPLOYMENT CONDITIONS AND SALARY FOR CITY MANAGER `ANGEL R. ESCOBAR This Amendment amends those Employment Conditions and Salary far City Manager `Angel R. Escobar adopted by the City of Corpus Christi ("City") pertaining to the employment of `Angel R. Escobar ("Escobar") effective as of December 16, 2008. WHEREAS, Escobar has indicated a desire to retire from his position as City Manager of the City effective January 4, 2011; and WHEREAS, the City concurs in the decision that he retire from his position as City Manager on such date; NOW, THEREFORE, the City and Escobar agree to the following additional terms and conditions in modification of the original Employment Conditions described above. 1. Retirement Date. Escobar hereby agrees to resign from his employment with the City as its City Manager effective as of the close of business at 5:00 p.m. on Tuesday, January 4, 2011. Escobar shall continue to serve as City Manager through such date and continue to fulfill all of the conditions of his employment. Upon 5:00 p.m, on Tuesday, January 4, 2011, Escobar's employment shall cease without any further action on his part or on the part of the City Council. 2. Return of City Property. By the close of business on his retirement date, Escobar shall return to the City any City property or confidential information Escobar has in his possession. Escobar shall cease using any City telecommunications devices, services or email accounts effective as of the close of business on such date. 3. Employment, Benefits. Upon his retirement, Escobar will receive information regarding his rights to health insurance continuation and retirement benefits. Nothing in this Amendment will impair any of those rights that Escobar may have. 4. Adjustments in Connection with Appointment of New Ci , Manager. (a) In the event that the City appoints a new City Manager prior to the above retirement date, Escobar agrees to work with such City Manager in order to assure a smooth transition. During such transition, Escobar shall relinquish the title of City Manager and perform as an Assistant City Manager or other administrator of the City. During such transition period, the compensation and benefits of Escobar shall remain unchanged through the above retirement date. (b} In the event of any delay in the appointment of a new City Manager, the City may request a postponement of the retirement date provided above. Any such postponement shall be mutually approved by the City Council of the City and Escobar, and the retirement date shall be adjusted with all of the terms and conditions of this Amendment remaining in place and effective as of the new retirement date. 5. Future Relationship with City. Nothing in this Amendment shall prevent Escobar from performing any future engineering or other managerial services for the City on such terrns and conditions as agreed by Escobar and the City. Escobar agrees to remain available for such services nn c,~ch reacnnahle tPrm~ and conditions as maybe agreed by the parties. 2010-3G9 M2010-217 09/14/10 City Manager Angel R. Escobar ~~~GV ~ i 6. Retirement Pa, may the City. In consideration of Escobar's acceptance of the terms and conditions of this Amendment including the release provisions in Section 7 below, within ten (10} days following the date of his retirement the City will pay Escobar, in a lump sum, an amount equal to six (G) months aggregate salary and benefits under Sections 7, 8, 9 and 10 of the Employment Conditions, less required payroll deductions. Escobar shall be paid his normal earned salary through January 4, 2011, and any accrued but unused personal leave pay in accordance with City's normal personnel policies and procedures. 7. Release of Any and All Claims. In consideration of the City's agreements under this Amendment, Escobar waives and releases and promises never to assert any and all claims that Escobar has or might have against the City and its officers, directors, agents, attorneys, employees, representatives, and successors, arising from or related to Escobar's employment with the City through and including the date of his acceptance of this Amendment. The claims Escobar agrees to release include, but are not limited to, all claims arising under any federal, state or local law, whether statutory or common law, such as the Family and Medical Leave Act, the Age Discrinunation in Employment Act, Title VII of the Civil Rights Act, the Americans With Disabilities Act, Chapter 21 of the Texas Labor Code, Chapter 451 of the Texas Labor Code, the Fair Labor Standards Act, the Employee Retirement Income Sacurity Act, Section 1981 of Title 42, United States Code, including any amendments to these statutes, alI claims relating to protections for employees, and a21 claims arising under the Iaw of contract anal tort. Upon and effective as of the retirement date, the City may obtain from Escobar confrnation that the above release extends through and including the retirement date. Such corifiranation may be required as a condition of release of the retirement payment provided above. In the event such confirmation is not obtained, the terms and conditions of this Amendment shall terminate and shall be of no further farce or effect. S. Older Worker Protection Act Provisions. This section is required by the Older Workers Benefit Protection Act and applies because Escobar is over 40 years of age: Escobar has up to twenty-one (21) days from the date the City approves this Amendment to accept the terms of this Amendment; however, Escobar may accept it at any time within those 2l days. Escobar is advised to consult an attorney about this Amendment. Once this Amendment is executed by Escobar, Escobar will still have an additional seven {7) days in which to revoke his acceptance. To revoke, Escobar must send the City Attorney at the City's principal address of 1201 Leopard Street, Corpus Christi Texas 78401, a written statement of revocation by hand delivery or registered mail, return receipt requested, to be received by the City by the eighth {8th) day after the date of Escobar's acceptance. If Escobar does not revoke, the eighth (8th) day after the date of Escobar's acceptance will be the "effective date" of this Amendment. 9. Understandin og f Parties. Escobar acknowledges that Escobar has completely read this Amendment and that prior to accepting it, has had sufficient opportunity to examine it and understand it fully. Escobar further acknowledges that Escobar has agreed to each provision of this Amendment voluntarily and without coercion; that Escobar has had the opportunity to consult with an attorney regarding this Amendment; and that Escobar executes this Amendment with full knowledge and understanding of its terms and effect. Escobar further agrees that Escobar has not been promised any benefits or consideration oilier than those specif tally set out in this Amendment, and that there are no other understandings or Amendments, oral ar written, which constitute a part of the Amendment of the parties. 10. Acceptance of Amendment. If Escobar agrees to the above terms and conditions, 2 A •S ~~ Escobar must sign this Amendment in the space provided below and return it to the City. For the purposes of Section S above, Escobar must indicate the date of his signature in the space provided. Dated: As of the "effective date" defined in Section 8 above. ATTEST: Armando Chapa, City Secretary CITY OF CORPUS CHRISTI, TEXAS Joe A e, Mayar APPROVE~AS TO LEGAL FORM: September , 2010. Carlos Valdez, City Attorney ACCEPTED: „rt. ` gel .Escobar, City Manager Date of Acceptance:_ ,~1~ /O__ t"k~~ '~~ „M....AUTHOR{~Ea ~Y CfiltMCi! ., o ~~ ~ -~ C:5I70CUME--klCanniePILOCALS--11Temp17~grpwiselPJndmt to Conditions-09Q2-11-15.doc 3