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HomeMy WebLinkAboutResolution - 1625 - Agreement - Larry J Cunningham - City Manager - 03/22/1984JCR:cl RFSnI 1 IT TnN RESOLUTION 1625 - 3/22/84 r 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 Services Agreement, 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 22nd day of March ,1984. Z& ii ALA HENRY, MAYOK ATTEST: E elyn G fga, City r ary APPROVED AS TO FORM: Ross, Jr., City Attorney e , 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 Larry J. Cunningham, hereinafter called CUNNINGHAM. WHEREAS, the CITY and CUNNINGHAM desire to agree upon and set forth the following terms of his employment; and WHEREAS, the CITY wishes to employ the services of CUNNING - HAM as City Manager of The City of Lubbock; and WHEREAS, CUNNINGHAM has demonstrated and proven exceptional managerial abilities in the performance of his duties; WHEREAS, CUNNINGHAM accepts employment as City Manager of the said CITY; WHEREAS, CUNNINGHAM and the CITY are desirous of setting forth the agreement for CUNNINGHAM'S 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 CUNNING - HAM agree as follows: 1. The CITY agrees to employ Larry J. Cunningham 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. CUNNINGHAM 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 of CUNNINGHAM 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. CUNNINGHAM 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 CUNNINGHAM. >' 4. CUNNINGHAM'S term of employment is indefinite subject to the conditions contained hereinbelow. 5. The employment agreement shall not be interpreted so as to grant to CUNNINGHAM 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 other- wise interfere with the right of CUNNINGHAM to resign at any time from his position with the CITY subject only to the termination provisions set forth hereinbelow. Should CUNNINGHAM resign, CUNNINGHAM 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 CUNNINGHAM if CUNNINGHAM is convicted of a felony or any other crime involving moral turpitude. 7. Termination - In the event CUNNINGHAM'S employment is terminated by the City Council by written notice while CUNNINGHAM is willing and able to perform the duties of City Manager, the CITY agrees to compensate CUNNINGHAM payment equal to 365 days salary provided, however, that Cunningham has not secured other employment. Should CUNNINGHAM obtain employment within the 365 day period, then the termination pay will cease upon that employ- ment and the CITY shall be only obligated to pay a percentage of the 365 day salary equal to the number of days that CUNNINGHAM 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 CUNNINGHAM 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, CUNNINGHAM 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. 10. Should the City Council reduce CUNNINGHAM'S 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 CUNNINGHAM, 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 CUNNINGHAM'S 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. 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 CUNNINGHAM 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 consti- tute one and the same agreement, with one counterpart being delivered to each party hereto. EXECUTED this the 22nd day of March , 1984. THE CITY OF L By• Alan Whry, Mayor AT 't E lyn Ghffgaz City Secretary -Tr easu r Larry J. ningham APPROVED AS TO FORM: c , APPROVED AS TO FORM: