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HomeMy WebLinkAboutResolution - 2020-R0015 - Severance Agreement For Becky Garza, City Secretary - 01/14/2020 Resolution No. 2020-R0015 SEVERANCE AGREEMENT COUNTY OF LUBBOCK § STATE OF TEXAS § This Agreement is entered into by and between the City of Lubbock, Texas (hereinafter called "City") and Rebecca Garza (hereinafter called "Garza") (collectively hereinafter referred to as the "Parties"). RECITALS WHEREAS,the City has employed Garza as its City Secretary and; WHEREAS, Garza has demonstrated and proven competence in city secretary legal duties and responsibilities;and WHEREAS, Garza desires a severance agreement in the event she is terminated by the City; and WHEREAS, the City and Garza desire to agree upon and set forth the following terms and conditions as a severance agreement; NOW THEREFORE: AGREEMENT Based upon the mutual covenants expressed herein,the City and Garza hereby agree as follows: 1. EMPLOYMENT. At the time of making this severance agreement,the City has employed Garza as the City Secretary of the City of Lubbock, which services as City Secretary are indefinite in term. Nothing in this severance agreement shall restrict the right of the City to terminate Garza at any time. 2. COMPLIANCE WITH CHARTER. This severance agreement is not intended, nor shall it be interpreted to be, a personal services contract for a stated term in conflict with Chapter 1, Article IX, Section 21, Lubbock City Charter. Specifically, no stated term is set forth herein. Additionally, this severance agreement is not intended, nor shall it be interpreted to create any conflict with Chapter 1, Article IX, Section 4, Lubbock City Charter, as this severance agreement shall not and does not create any public office of emolument and does not establish any interest on the part of Garza in the profits or emoluments of any contract,job,work or service for the City. 3. TERMINATION BY GARZA. Nothing in this severance agreement shall prevent, limit or otherwise interfere with the right of Garza to resign and terminate her employment by the City at any time should she choose to do so. Severance Agreement—City of Lubbock/Garza Page 1 of 4 4. TERMINATION BY CITY FOR CAUSE. The City may for Cause (as defined below)terminate Garza's employment upon written notice specifying the particulars of the Cause. In the event Garza is terminated for Cause, the City shall be discharged and excused from any responsibility with respect to severance compensation. As used in this severance agreement, "Cause"shall mean: (a) Acts of willful, knowing,grossly negligent, and habitual neglect of any significant duty and significant obligation required to be performed by Garza. However, the terms and conditions of this paragraph shall not justify Cause unless the City Council has provided Garza a reasonable opportunity to remediate any such deficiency; (b) Garza's plea of guilty or no contest to or conviction of a felony or any other crime involving moral turpitude; (c) Garza's inability to perform her duties as a result of a disability as defined in the Americans with Disabilities Act, and after the City's full compliance with that Act and the Family Medical Leave Act; (d) Any serious misconduct, including but not limited to misconduct proven per Section 5 of the City of Lubbock Personnel Policies, for dishonesty, disorderly conduct as defined by the Texas Penal Code, harassment of other employees, abuse of alcohol or controlled substances; or (e) Garza's death. S. TERMINATION BY CITY WITH NO CAUSE. In the event Garza's employment is terminated by the City for reasons other than "Cause" as defined above, the City agrees to compensate Garza as follows: six months base salary, and terminal benefits computed and payable in accordance with City employee policy. The severance pay shall be computed at Garza's salary and benefits immediately prior to termination and shall be distributed to Garza in accordance with City's procedures for terminal pay of other City employees, or as time payments not exceeding two years for total payout at Garza's discretion. In the event Garza's employment is terminated by the City for"Cause," Garza agrees that she shall be entitled to no severance compensation whatsoever. If Garza resigns, she shall be entitled to no severance compensation whatsoever. 6. OTHER TERMINAL PAY. Upon termination of her employment for any reason, including upon the resignation of Garza, Garza shall receive compensation for accrued vacation and unused sick leave and such other termination benefits as are provided by City policy for other employees of similar longevity. Severance Agreement—City of Lubbock/Garza Page 2 of 4 7. REDUCTION OF SALARY. In the event Garza's salary shall be reduced by a greater percentage than that of any universal salary reduction for all City employees, such salary reduction may be deemed a termination with no Cause by Garza and she shall be entitled to the benefits set forth above for termination with no Cause. 8. WAIVER OF RIGHT TO SUE. With the exception of legal action to enforce the terms of this severance agreement, Garza, as consideration for this severance agreement, shall waive the right to bring suit against the City for any cause whatsoever. Garza also waives the right to bring any administrative claim or other legal action against the City, including but not limited to claims brought through the Equal Employment Opportunity Commission or Texas Workforce Commission. 9. NO WAIVER. Waiver by either of the Parties of any breach or violation of this severance agreement shall not operate as or be construed to be a waiver of any subsequent breach thereof. 10. NOTICES. Any and all notices under this severance agreement shall be furnished in writing and sent by certified mail, return receipt requested, to the residence address of Garza or to the principal offices of the City of Lubbock. 11. DUPLICATE ORGINALS. This severance agreement is executed in duplicate originals each of which shall be deemed an original and which shall together constitute one and the same severance agreement with one counterpart being delivered to each of the Parties. 12. CHOICE OF LAW/VENUE. This severance agreement shall be governed by, construed, and enforced in accordance with, and subject to,the laws of the State of Texas. Any action arising under this severance agreement shall be brought in the state courts of Lubbock County,Texas. 13. ENTIRE AGREEMENT. It is expressly understood and agreed that this severance agreement embodies the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or understandings between and among them. No oral understandings, statements, promises,terms, conditions,obligations, or agreements contrary or in addition to the terms of this severance agreement exist. This severance agreement may not be changed by oral representations and may only be amended by written instrument executed by the Parties. 14. INVALID CLAUSE. Should any provision of this severance agreement be held invalid or unenforceable, such provision shall be ineffective to the extent of such invalidity or unenforceability, without invalidating the remainder of such provision or the remaining portions of this severance agreement. 15. LEGAL CONSULTATION. Garza acknowledges that she has been provided with adequate time to seek legal counsel prior to executing this severance agreement. Severance Agreement—City of Lubbock/Garza Page 3 of 4 16. SECTION NUMBERS AND HEADINGS. Section numbers and section titles have been set forth herein for convenience only, and they shall not be construed to limit or extend the meaning or interpretation of any part of this severance agreement. 17. CONSTRUCTION.The language used in this severance agreement is chosen jointly by the Parties to express their mutual intent and no rule of construction will be applied against any of them, including any rule of draftsmanship. The Parties expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against any of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity. Executed this 1.4th day of Jai}-laly' 2Q2Q 2949;at Lubbock,Texas. GARZA: CITY OF LUBBOCK- Rebe a Garza DANIEL M. POPE, MAYOR A ST: Courtney Paz, Assistant City Secretary APPROVE S TO M: lx'� Chad Weaver,City Attorney Severance Agreement—City of Lubbock/Garza Page 4 of 4 Resolution No. 2020-R0015 Item No. 6.26 January 14, 2020 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a Severance Agreement by and between the City of Lubbock and Rebecca Garza, a copy of which is attached hereto as Exhibit "A" and incorporated herein for all purposes, and related documents. Passed by the City Council on January 14,2020 DANIEL M. POPE, MAYOR ATTEST: Y Court ey Paz, Deputy City Se retat} APPROVED S TO FORM: Chad Weaver, City Attorney s ccdocs/RES.Severance Agrmt.—Rebbecca Garza December 18,2019