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HomeMy WebLinkAboutResolution - 4268 - Management Service Agreement - Bob Cass - City Manager - 09_23_1993Resolution No. 4268 September 23, 1993 Item #32 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Management Service Agreement by and between the City of Lubbock and Bob Cass, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: /&tl' A'k 'Be-ftyuW. Jo on, City Secretary APPROVED AS TO FORM: s Um is u. vanalver, first ASS1S City Attorney DGV:da/AGENDA-D1/A-CASS.res September 16, 1993 STATE OF TEXAS COUNTY OF LUBBOCK MANAGEMENT SERVICE AGREEMENT This Agreement is entered into this day between the City of Lubbock, hereinafter called CITY, and Bob Cass, hereinafter called CASS. WITNESSETH: WHEREAS, the CITY and CASS desire to agree upon and set forth the following terms of his employment; and WHEREAS, the CITY wishes to employ the services of CASS as City Manager of the City of Lubbock; and WHEREAS, CASS has demonstrated and proven exceptional managerial abilities in the performance of his duties; and WHEREAS, CASS accepts employment as City Manager of the said CITY; and WHEREAS, CASS and the CITY are desirous of setting forth the Agreement for CASS' compensation as set forth in all of the numbered paragraphs hereinbelow; NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: Based upon the mutual covenants herein the CITY and CASS agree as follows: 1. The CITY agrees to employ Bob Cass as City Manager of the City of Lubbock, Lubbock, Texas, to perform all duties specified by law and ordinance and to perform the other proper and legal duties assigned to him by the City Council. 2. CASS agrees to faithfully and diligently perform the duties of City Manager of the City of Lubbock, Texas. 3. Notwithstanding any other portion of this Agreement, the City Council will annually review and set the salary, benefits and bonuses, if any, of CASS according to the performance of his duties as City Manager for the City of Lubbock. The criteria considered by the City Council shall be the same as that used for all other City employees and said Council shall document the same according to the personnel action form (LT Form P-2) of the City of Lubbock. CASS is to receive all employment benefits (including but not limited to vacation, health, sick leave, death and retirement benefits) in the same fashion on a proportional basis consistent with his salary, as any other City employee equal in longevity and status to CASS. 4. CASS' term of employment is indefinite subject to the conditions hereinbelow. 5. The employment agreement shall not be interpreted so as to grant to CASS any rights under this contract that are contrary or repugnant to the City Charter, City Code, or City Regulations. 6. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of CASS to resign at any time from his position with the CITY subject only to the termination provisions set forth hereinbelow. Should CASS resign, CASS shall give six (6) weeks notice, in writing, of his resignation. Nor does anything in this Agreement prevent, limit or otherwise interfere with the right of the CITY to discharge CASS if CASS is convicted of a felony or any other crime involving moral turpitude. 7. Termination - In the event CASS' employment is terminated by the City Council by written notice while CASS is willing and able to perform the duties of City Manager, the CITY agrees to compensate CASS payment equal to 6 months salary provided, however, that CASS has not secured other employment. Should CASS obtain employment within the 6 month period, then the termination pay will cease upon that employment and the CITY shall be only obligated to pay a percentage of the salary and all benefits received equal to the number of days that CASS was unemployed. Such termination pay is to be distributed in accordance with the same pay period for City employees of equal longevity and pay status. 8. Should CASS be unwilling to perform the duties of City Manager upon receiving written notice of termination, the CITY is discharged under any responsibility with respect to termination pay as provided in Paragraph 7. 9. Upon termination of his employment, CASS shall receive compensation for all accrued vacation and such termination benefits as applied to other City of Lubbock employees of similar longevity including, but not limited to stability pay and vacation. 10. Should the City Council reduce CASS' salary by a greater percentage than any universal salary reduction for all City of Lubbock employees, such salary reduction is agreed by the parties as a ground, to entitle CASS, at his option, to invoke the provisions of this Agreement concerning termination pay as earlier stated in this Agreement. The termination pay computed pursuant to the above paragraph 7 shall be at CASS' salary prior to any reduction as is set forth in this paragraph. Said salary is to be payable in cash in pay periods as provided for other City employees. 11. The waiver of either party of any breach or violation of this Agreement shall not operate as or be construed to be a waiver of any subsequent breach or violation hereof. MANAGEMENT SERVICE AGREEMENT - Page 2 12. Any and all notices permitted to be given under this Agreement shall be furnished in writing and sent by certified mail, return receipt requested to the address of CASS or to the principal office of the City of Lubbock in Lubbock County, Texas, in the case of the CITY. 13. This Agreement is executed in duplicate originals each of which shall be deemed an original and shall together constitute one and the same Agreement, with one counterpart being delivered to each party hereto. EXECUTED this the 23rd ATTEST: f�' " C:�'&'- — Betty M. Johns(Yn,City Secretary APPROVED AS TO FORM: n C. Ross, Jr., Uty AttorrTey APPROVED AS TO FORM: JCR:da/1-D 10/A-CASS.doc September 13, 1993 B—ob Cass MANAGEMENT SERVICE AGREEMENT - Page 3