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HomeMy WebLinkAboutResolution - 2003-R0109 - Retirement Of City Manager - Bob Cass - 03_05_2003Resolution No. 2003-RO109 March 5, 2003 Item No. 22A RESOLUTION WHEREAS, Bob Cass has indicated that he desires to retire from his position as City Manager of the City of Lubbock effective not later than April 30, 2003, and WHEREAS, Bob Cass and the City of Lubbock have heretofore on the 7"' day of November, 2000, entered into a Severance Agreement, which said Severance Agreement the parties hereto now desire to rescind; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of Lubbock, in order to benefit from the knowledge and experience of Mr. Cass during the transitional period, to enter into a Professional Services Agreement with Mr. Cass for one year to be effective May 1, 2003; and WHEREAS, the City of Lubbock has greatly benefited from the many years of professional service by Mr. Cass and will sincerely miss his leadership; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council does hereby with great regret accept the retirement of Mr. Bob Cass, effective not later than April 30, 2003; and THAT the City Council does hereby rescind the prior Severance Agreement executed November 7, 2000, with Mr. Cass; and THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute on behalf of the City of Lubbock a Professional Services Agreement with Bob Cass for a term of one year, which Agreement is attached hereto and 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 5th day of March '2003. / 4Z/ MARC McDdUGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO FORM: ver, First Assistant City Attorney DDRes/CassSvcsAgreeRes February 27, 2003 Resolution No. 2003-RO109 March 5, 2003 Item No. 22A PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS COUNTY OF LUBBOCK KNOW ALL MEN BY THESE PRESENTS: This Agreement, is made and entered into on this the 5th day of March 2003, by and between the City of Lubbock, Texas, a Home Rule Municipal Corporation of the State of Texas, hereinafter called "City," and Mr. Bob Cass. WITNESSETH: WHEREAS, Bob Cass has indicated that he desires to retire from his position as City Manager of the City of Lubbock effective not later than April 30, 2003; and WHEREAS, the City Council and Mr. Cass mutually desire to rescind a Severance Agreement heretofore entered into by them on November 7, 2000, pursuant to City of Lubbock Resolution No. 2000-R0410; and WHEREAS, the City Council has determined that it will be in the best interest of the City to retain the services of Mr. Cass during the interim period of obtaining the services of a new City Manager; and WHEREAS, Mr. Cass has agreed that he will, on a temporary basis, provide the City with his professional expertise in city management for management and consulting services for a period not to exceed one year; and NOW THEREFORE, the parties hereto do covenant and agree as follows: I. The City and Bob Cass do hereby rescind the prior Severance Agreement between the parties entered into upon November 7, 2000, pursuant to Resolution No. 2000-RO410 and declare it null and void for any and all purposes. II. The City does hereby engage and retain Bob Cass to provide professional city management consulting services for the City on the terms and conditions hereinafter set forth. The term of this Agreement shall be for a period of one year beginning on May 1, 2003. IV. The City agrees to pay Bob Cass as compensation for services rendered hereunder an amount equal to one year's base salary and benefits at Mr. Cass' present rate of compensation to be paid bi-weekly payments during the term of this Agreement. In addition, upon his retirement, Mr. Cass shall receive compensation for all accrued vacation and such other benefits, including up to 90 days of sick leave and stability pay upon his retirement as other City employees of similar longevity are entitle to receive. VI. In consideration for the mutual promises exchanged herein, with the exception of a legal action to enforce the terms of this Agreement, Bob Cass hereby waives any right to bring suit against the City for any cause of action whatsoever as consideration for the mutual covenants expressed herein. In addition, both parties acknowledge that there is other good and valuable consideration for this Agreement, including the mutual rescission of the November 7, 2000, Severance Agreement. VII. The waiver of either parry to any breach or violation of this Agreement shall not operate or be construed to be a waiver of any subsequent breach or violation thereof. VIII. This Agreement is executed in duplicate originals each of which shall be deemed original and which shall together constitute one and the same Agreement, with one counterpart being delivered to each party hereto. IX Nothing contained herein shall be construed as creating the relationship of employer and employee between the City and Bob Cass. Mr. Cass shall be deemed at all times to be an independent contractor. This Agreement shall not be assigned without written consent of City. IN WITNESS WHEREOF, the parties hereto have executed this contract and agreement on the 5th day of March 2003. CONTRACTOR: CITY OF LUBBOCK, BOB CASS NfARC OUGAL, MAYOR ATTEST: Secretary ddcon\BCassProfSv csCon February 27, 2003 ATTEST: Rebecca Garza. City Secretary APPROVED AS TO FORM: ;' i.:n�aIIWG. Vandiver, First Assistant City Attorney