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22-2007ORDiNANCE NO. 22-2007 AN ORDINANCE OF THE CITY OF DENTON APPROVING A SECOND AMENDED EMPLOYMENT AGREEMENT FOR CITY AUDITOR, MADISON RORSCHACH UNDERTHE PERFORMANCE REVIEW PROVISION OF HER EMPLOYMENT AGREEMENT WITH THE CITY FOR AN INCREASE IN SEVERANCE PAY, SALARY, AND CAR ALLOWANCE;AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVEDATE WHEREAS, on August 4, 2020, the City Council approved an employment agreement withMadison Rorschach as the City Auditor of the City of Denton by Ordinance No. 20-1481, which was amended in its entirety by agreement on August 8, 2021; and WHEREAS, on August 17, 2021, the City Council approved an employment agreement (“Agreement”) with the City Auditor of the City of Denton amending the previous agreement in its entirety by Ordinance No. 21-1783, attached hereto and incorporated herein; and WHEREAS, the City Council desires to amend Section 5., Separation and Severance Pay, of the Agreement to increase the lump sum severance payment to an amount not to exceed twelvemonth’s base salary effective October 1, 2022; and WHEREAS, the City Council desires to amend Section 6., Salary, of the Agreement to increase the annual base salary to one hundred and thirty five thousand dollars ($135,000) effective October 1, 2022, and to add an automatic amendment provision that is included in other council appointee contracts to give cost of living adjustments on the same basis as other full-time non-civil service employees beginning with fiscal year 2023-2024, and salary increases on the same basis as applied to other council appointees (e.g. increases based on individual performance review, or ona compensation study, etc.) effective upon the date of approval of this ordinance; and WHEREAS, the City Council desires to amend Section 7., Automobile, of the Agreement to revise the car allowance amount from three thousand six hundred dollars ($3,600) annually, and increase the amount to seven thousand two hundred dollars ($7,200) annually, effective October 1, 2022; and WHEREAS, the City Council finds that approval of the Second Amended Employment Agreement, which is attached hereto as Exhibit 1 and incorporated by reference, is in the bestinterest of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals and findings contained in the preamble of this ordinance are incorporated into the body of this ordinance. SECTION 2. The City Council hereby approves the Amendment to City Auditor Madison Rorschach’s Employment Agreement, attached hereto as Exhibit 1 and incorporated herein byreference, and authorizes the Mayor to execute the Amendment. SECTION 3. The City expenditures provided for in this Agreement are hereby authorized. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The mo@n to approve this ordinance was made by n andseconded by JeSSe mb . The ordinance was passed and approved bythe following vote Lq. - a] : Aye ,/ JC 1/ 1/ F Nay Abstain Absent Gerard Hudspeth, Mayor Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4: Brandon Chase McGee At Large Place 5 : Chris Watts, At Large Place 6: b/ V PASSED AND APPROVED this the \& d,y,f CElt>br _, 2022. ATTEST:At$1111111 TaI!CITY SECRETARY .3ESU $ SAtA2 ARI Dwarf APPROVED AS TO LEGAL FORM MACK REINWAND, CITY ATTORNEY EXHIBIT 1 STATE OF TEXASCOUNTY OF DENTON § § CITY AUDITOR’S SECOND AMENDEDEMPLOYMENT AGREEMENT This Second Amended Employment Agreement, amending and superseding the employment agreement commencing on the 8th day of August 2021, providing for a term ending on August 7, 2025, and approved by Ordinance No. 21-1783 (“First Amended Employment Agreement”) is made and entered into between the City of Denton, a Texas municipal corporation (City) and Madison Rorschach (Auditor) this J£day of C)G+Db£VP , 2022. The individual parties identified in this paragraph may hereinafter be referenced collectively in this Amendmentas the “Parties.” WHEREAS, on August 4, 2020, the City Council approved an employment agreement with Madison Rorschach as the City Auditor of the City of Denton by Ordinance No. 20-1481, which was amended in its entirety by agreement on August 8, 2021; and WHEREAS, on August 17, 2021, the City Council approved the First Amended Employment Agreement with the City Auditor of the City of Denton by Ordinance No. 21-178, attached hereto and incorporated herein; and WHEREAS, the City Council and City Auditor desire to amend Section 5., Separation and Severance Pay, of the Agreement to increase the lump sum severance payment to an amount not to exceed twelve month’s base salary effective October 1, 2022; and WHEREAS, the City Council and City Auditor desire to amend Section 6., Salary, of the Agreement to increase the annual base salary to one hundred and thirty five thousand dollars ($135,000) effective October 1, 2022, and to add an automatic amendment provision that is included in other council appointee contracts to give cost of living adjustments on the same basis as other full-time non-civil service employees effective beginning with fiscal year 2023-2024, and salary increases on the same basis as applied to other council appointees (e.g. increases based on review, or on a compensation study, etc.) effective upon the date of approval of the ordinanceauthorizing this amendment; and WHEREAS, the City Council and City Auditor desire to amend Section 7., Automobile, of the Agreement to revise the car allowance amount from three thousand six hundred dollars ($3,600) annually, and increase the amount to seven thousand two hundred dollars ($7,200) annually, effective October 1, 2022; and WHEREAS, the City Council and City Auditor desire to enter into a Second Amended Employment Agreement that incorporates the above amendments, supersedes all prior agreements, and constitutes the entire agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the Parties agree as follows: SECTION 1. DEFINITIONS In this Agreement, the following words and phrases shall have the following meanings: Base Salary means the monetary amount stated in Section 6.A. of this Agreement that the Employee is entitled to as an annual base salary or, if no longer current, then the monetary amount that the Employee is currently entitled to as an annual base salary as approved by the Council-and does not include the value of any other benefit of employment or other amount. Qx means the City of Denton, Texas. Commencement Date means the date on which Employee reports to work. Act Involving Moral Turpitude means an act that constitutes a crime involving dishonesty or fraud such as theft; forgery, perjury; and bribery. Involuntary Separation means the Employee’s: (1) removal by the Council under Section 4 of this Agreement; or (2) the Employee's resignation upon the Council's reduction or. threatened reductionin the Employee’s Salary or other financial benefits in a greater percentage than a coinciding across-the-board reduction for all City employees. If Employee resigns upon such a reduction, the calculation of the amount of any severance pay due and owing under this Agreement shall be based on the amount of the Employee's Base Salary immediately before any such reduction. Term of Agreement means the five-year time period beginning on the Commencement Date and ending on Termination Date, during which this Agreement shall be in full force and effect if not earlier terminated in accordance with the provisions of this Agreement. Termination Date means the date upon which this Agreement terminates under any applicable provision of this Agreement. Total Compensation means the combined sum of the Employee’s Base Salary and the monetary value of all other benefits that the Employee is entitled to under this Agreement and otherwise as an Employee of Employer. SECTION 2. DUTIES Employer hereby engages the employment services of the Employee as City Auditor of said Employer to perform the functions and duties specified by the Denton Home Rule City Charter (the "City Charter"), the Code of the City of Denton, Texas (the "City Code"), and all other applicable laws, and as outlined in the City of Denton’s job description as it now exists or as it may exist with fbture modifications by the Council and agreed upon by the employee, and to perform other legally permissible and proper duties and functions as Employer shall from time to time assIgnI SECTION 3. TERM A. The Term of this Agreement is five years beginning on the Commencement Date, on August 8, 2020, and ending on August 7, 2025 . B. This Agreement may be terminated before the expiration of the Term by the Employer or the Employee under applicable provisions of this Agreement. If the Employer terminates this Agreement, it must do so by following the procedures set forth in Section 4 ofthis Agreement. The Employee may terminate this Agreement by providing at least 30 days written notice to the Employer before the date designated by the Employee for termination. SECTION 4. IIWOLUNTARY SUSPENSION/REMOVAL The Employer may suspend the Employee prior to any removal of the Employee but may not suspend or reduce Employee's salary prior to effecting the hearing and removal provisions of this Section. At least 30 calendar days before any removal shall become effective, the Council shall by a majority vote of its members adopt a preliminary resolution of removal. Employee may reply in writing and may require a hearing at a public meeting of the Council, which shall be held not earlier than 20 calendar days and not later than 30 calendar days after the filing of such request. The hearing may be held in executive session, at the option of the Council, unless Employee requeststhe hearing be held in open session in accordance with Tex. Gov't Code §551.074. After such hearing or public hearing, if one be requested, and after full consideration, the Council by majority vote may adopt a final r'eso]ution of removal or reinstatement This Agreement shall be deemed toterminate on the effective date of a final resolution of removal. §LGTLgN $ SEPARATION AND SEVERANCE PAY A. Upon Involuntary Separation occurring during the Term of the Agreement, the Employee shall be entitled to a lump sum severance payment in an amount not to exceed twelve month’s base salary and only those benefits paid to other non-civil service employees upon termination pursuantto policy in effect at the time of separation. At the option of the Employee, Employee may take administrative leave with pay for twelve months during which time Employee will continue to enjoy City employment benefits in which they are already enrolled but will not accrue additional vacation or sick leave. Such severance payment shall be the sole remedy of Employee and acceptance shall constitute a waiver of existing claims Employee may have which may arise by virtue of employment with or resignation or removal from the City, including, without limitation, any claims against the City, its officers and employees, agents, affiliates, and subsidiaries including, but not limited to. breach of contract, tort, First and Fourteenth Amendment to the U.S. Constitution, 42 U.S.C. Section 1983, and any and all other claims which might arise under local, state, or federal fair employment practices or employment benefit laws, workers' compensation law2 rights and claims arising under the Age Discrimination in Employment Act. Texas Payday &Whistleblower Laws: Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Texas Commission on Human Rights Act.” B. Notwithstanding Section 5.A. or any other provision of this Agreement, the Employer shall not be obligated to pay and the Employee shall not be entitled to receive any amount as severance payment if the Employee's separation from employment is due to the Employee committing: an (1) Act Involving Moral Turpitude; (2) illegal act(s) resulting in personal gain to the Employee; or(3) being convicted of a felony or Class A misdemeanor. SECTION 6. SALARY A. For the services rendered as the Employer’s City Auditor, the Employer agrees to pay Employee an annual base Salary of One Hundred Thirty Five Thousand Dollars and Zero Cents ($ 135,000.00) effective October 1, 2022, and as set year to year by the City Council in future years, payable in installments at the same time as other employees of the Employer are paid. All provisions of the City Charter, City Code, and Council-adopted Rules and Regulations relating to the vacation and sick leave, retirement and pension system contribution, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall apply to Employee as they would to other employees of the City, which benefits include health insurance, long-term disability insurance and retirement under the Texas Municipal Retirement System, and other benefits, as provided to other Council appointees of the City, including that the City will pay Employee’s portion of the Texas Municipal Retirement System contribution. B. This Agreement shall be automatically amended to reflect any salary increases that are provided or required by the Employer's compensation policies to include all salary increases on the same basis as applied to (a) other Council appointees, effective on the date of approval of the ordinance authorizing this amendment and (b) cost of living adjustments to full-time non-civil service employees, effective beginning with fiscal year 2023 -2024. C. In addition, consideration shall be given on an annual basis to an increase in compensation. SECTION 7. AUTOMOBILE The Employee is required to be on call for 24-hour service, so therefore, must have access to a vehicle for City business. Employer shall grant to the Employee a car allowance of Seven Thousand Two Hundred Dollars and Zero Cents ($7,200.00) per year, payable monthly, for providing such vehicle. The Employee shall be responsible for the purchase maintenance,insurance, taxes, etc. for said vehicle. The monthly allowance will be considered for increase during the performance evaluation process. The Employer also agrees to reimburse Employee for mileage outside a 50- mile radius of the City of Denton associated with City business at the current IRS rate for mileage reimbursement in accordance with the then current City Travel Reimbursement Policy for City employees with car allowances. SECTION 8. PERFORMANCE EVALUATION A. The Council shall review and evaluate the performance of the Employee at least once annually during the time set aside each year for the performance review of other Council appointees. Said review and evaluation shall be in accordance with specific criteria developed jointly by Employee and Employer. Said criteria may be added to or deleted from as the Council and Employee shallagree B. Annually, the Council and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the City and in the attainment of the Council's policy objectives and shall further establish a relative priority among those various goals and objectives SECTION 9. HOURS OF WORK It is recognized by both Employer and Employee that the duties of City Auditor require a great deal of time outside of normal office hours. It is also recognized by the Parties that Employee is required to devote the amount of time and energy necessary to carry out those duties with the highest amount of professionalism possible. That being the case, the Parties recognize that Employee may choose to take personal time off during business hours when it is appropriate andwhen the Employee's duties allow. Although this personal time off is not considered vacation, neither is it to be considered as compensatory time for time spent by Employee in carrying out the Employee's duties outside of normal office hours, as the Parties agree that the Employee mustdevote the amount of time necessary to fulfill those duties. The Council will consider the Employee's use of personal time off during the performance evaluation. SECTION 10. OUTSIDE ACTIVITIES Employee is entitled to devote whatever amount of time the Employee feels is appropriate under the circumstances to the pursuit of teaching, counseling, consulting, writing or other non-employer connected business outside of normal business hours of the Employer, provided that this does not conflict or interfere with the Employee’s duties as City Auditor, and provided that Employee first notifies the Council that the Employee intends to engage in such activity, including the amount of time the Employee intends to devote to this activity and the Employee's engagement in the activityis approved Council. Any membership on a Corporate Board shall also require notice to theCouncil SECTION II. RETIREMENT A. Employer agrees to pay the percentage of the cost of the Employee’s participation in the TIVIRS retirement program, in accordance with Employer's current policy for other City employees, except that the City will pay Employee's portion of the Texas Municipal Retirement System contribution. B . Employer agrees to execute all necessary agreements provided by the International City/County Management Association-Retirement Corporation (ICMA-RC) for the Employee's participation in said ICMA-RC retirement plans. Employer further agrees to contribute 6% of Employee's annual base salary to ICMA-RC's 457 plan. All sums contributed to said plans shall be in addition to the Employee's base salary. Employer also agrees to allow Employee to contribute whatever portion of their base salary they may deem appropriate to said plan, including "catch-up" provisions. C. If the Employee retires pursuant to a qualified retirement plan, or is permanently disabled during the term of this Agreement, the Employee shall be compensated for vacation leave, holidays, and other benefits then accrued or credited to the Employee in accordance with Employer's current policies for compensation for these benefits, and, at the Employee’s option, shall be permitted to continue to participate in the City's health insurance plan on the same basis as other retirees from the City are permitted to do so, or, if such other retirees are not permitted to do so, at the cost of the Employee. SECTION 12. DUES, MEMBERSHIPS AND SUBSCRIPTiONS Employer agrees to budget and to pay for the professional dues, memberships, and subscriptions of Employee necessary for the Employee's continuation of full participation in national, regional, state, and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement as City Auditor, and for the good of the Employer in amounts that are approved by the Council in the annual budget of the City ofDenton SECTION 13. PROFESSIONAL DEVELOPBmNT Employer hereby agrees to budget for and to pay the full travel, participation, and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee, and to adequately pursue necessary official and other functions for Employer, including but not limited to the Texas Municipal League, and other such national, regional, state and local groups and committees thereof which Employee serves as a member in the amounts approved by the Council in the annual budget for the City ofDenton SECTION 14. BONDUVG Employer shall bear the full cost of any fidelity or other bonds that may be required of the Employee under any law or ordinance. SECTION 15. OTHER TERMS AND CONDITIONS OF EMPLOYMENT A. The Council, and in consultation with the Employee, shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance ofEmployee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City Charter, or any other law, and are memoriaiized by a written amendment to this Agreement. B. All provisions of the City Charter and City Code, and regulations and rules of the Employer relating to vacation and sick leave, retirement and pension system contributions, holiday, and other I fringe benefits and working conditions as they now exist or hereafter may be amended, also shall apply to Employee as they would to other employees of the Employer in addition to said benefits enumerated specifically for the benefit of Employee. SECTION 16, GENERAI I PROVISIONS A. The text herein shall constitute the entire agreement between the Parties. B. If any provision, or any portion, thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in force and effect. C. The venue of any litigation involving this Agreement shall be in a court of competent jurisdiction sitting in Denton County, Texas. SECTION 17. APPROPRIATIONS The Employer agrees that it will appropriate, set aside, and encumber funds of the City in an amount sufficient to fund and pay all financial obligations of the City pursuant to this Agreement, including, but not limited to, the severance pay salary and benefits set forth and described herein. SECTION' 18, EFFECTIVE DATE i-His Agreement shall take effect on October 1, 2022. SECTION 19. SUPERSEDING PRIOR AGREEMENTS This SeconG Amended Employment Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and this entire agreement supersedes all prior agreements and undertakings, both written and oral, between the Parties with respect to the subject matter hereof, including the Employment Agreement and First Amended Employment Agreement. IN WITNESS WHEREOF, the Mayor as duly authorized by the Council and on behalf of the City of Denton, has signed and executed this Agreement and the Employee has signed and executed this Agreement, the day and year written in the first paragraph of this agreement. CITY OF DENTON, TEXAS GERARD HUDSPETH, MAYOR ATTEST:t\\\\\\ LIII II M IOS. CITY SECIa SMAllA DePuty APPROVED AND ACCEPTED CITY AUDITOR DISON RORC ORDINANCE NO. 21-1783 AN ORDNANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SAT,ARY INCREASE FOR THE CIFY AUDITOR, MADISON RORSCHACH UNDER THEPERFORMANCE REVIEW PROVISION OF HER EMPLOYMENr AGREEMENT WITHTHE cru; EXTENDING THE TERM OF THE CITY AUDITOR’S EMPLOYMENrAGREWENT UNTIL AUGUST 7, 2025; PAYING THE crrY AUDrroR’s PERCENTAGEOF COST FOR HER PARTICIPATION IN THE TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS); CONTRIBUTING 6% OF THE CITY AUDnoR’s ANNUAL BASESALARY TO THE icMA-Res 457 PLAN; AUIHORIZING THE MAYOR TO EXECUTETIm CITY AUDITOR’S FIRST AMENDED EMPLOYMENT AGREEMENt;AUIHORIZUqG EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 4th day of August 2020, the City of Denton City Cotnci] approved an Employment Agreement with Madison RomeInch as the City Auditor of the City of Denton by Ordinance No. 20-1481 commencing August 8, 2020 and ending on August 7, 2022; and WHEREAS, the City Council desirw to continue anploying Mahson Rarschmh as the City Auditor, and Madison Ror$chach desh9s to continue her employment with the City of Denton as the City Auditor; and WHEREAS, the City Council 6nds that extending the term of the City Auditor Madison Rorschach’s employment agreement to August 7, 2825; paying the City Auditor's percentage of cost for hm partici}ntion in the TMRS retirement program and contribute 6% of the CityAuditor’s annual base salary to the ICMA-RC's 457 plan, as provided to other Council appointees are in the test interest of the City of Denton; and WHEREAS, the City Council has completed its performance review for City AuditorMadison Rorwhach, and the Council desirw to increase City Auditor Madison Rorschach’s curlent annual Base Salary under the performance review provision of her current EmploymentAgreement with the City to One Hundred Twenty Thousand Dollars and No Cents ($120,000.00) ad that said salary increase is in the best intaest of the City of Denton; and WHEREAS, tb City Council finds that approval of ths attached First Amended Employment Agreement including the abovespec{fied terms is in the best interest of the City ofDenton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENION HEREBY ORDATNS: SECTION 1. The recitals and findings contained in the preamble of this Ordinance are incorporated into the body of this Ordinance. SECTION 2. The City Council hereby qproves an increase in the annual Base Salary of City Auditor Madison Rorscha£;h to One Hundred Twenty Thousand Dollars and No Cents ($120,000.00), pursuant to Section 6.B. of the City Auditor’s Employment Agreement. SECTION 3. Said salary incluse shall tn eaecdve naoactive ly, starting August 7, 2021 (first pay period following her review date by the City Council). SECTION 4. The City Cournil hereby approves the attached First Amended Employment Agreement continuing Ms. Rorsch8cII'S employment with the City of Denton as the City Auditor for a five.year term, extending her term by 3 years through the 76 day of August2025 SECTION 5. City expenditwn provided for in the First Amended Employment Agrmnmt, including the salary increase approved herein, are hereby authorized. SECTION 6. Bris Ordinance shall tncorw efFective immediately upon its passage and approval The motion to q>prove this Ordinallee was made by hUb by 'TM) pV, fn\ r\\For . This Ordinance was passed folloMng vote L-Z - a: mId seconded approved byand Aye Nay Abstain Absent Maya Gerard Hudspeth: Vicki Byld, District 1 : Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: Deb Amintor, At Large Place 5: Paul Mehzer, At Large Plaoe 6: -Ly \/ bl \/ ,/’ / ! PASSED AND APPROVED this the HIb____day of AHab .;&,,'2'’- -GERARD HUDSPETH, MAYOR _, 2021. ArrEST: ROSA RIOS, CITY SECRETARY Ii i -., C/LaZio/ 11111111 APPROVED AS TO LEGAL FORM:CATHERINE CLiFroN, INTERIM crrY ATrORNEY Page 2 STATE OF TEXAS g couNryoFDENroN § FIRST AMENDED L\IPLOYMEIvr AGREEMENT This Aanaded Eaploymeat Apemeat (IIis ''Agrunwat’) is made and entered into this17th day of August, 2021 tv and tntweea tIn City of Denton, Texas, a Texas mrmicip81 coIPQration (the '%nploya’) and Madison Roncha£h (the “Employee’), with the Employer and an Employee somedans being refam®d oollnti%ly in this ABwareat as the “Parties.” WHEREAS, it is the desire of an Cbuacil to: (1) 3wwe and retain the $©vices of the Enployn and to pnvide induwrnmt for the Employee to remain in such employment; (2) make possible full work pa>ductivity by asswing the Employee’s annIe and pea@ of miad with respect to future wgwity; md (3) mt as a det8nwt against malfeamrue or dishonesty fa perwnal pin on an part oftlw EnV)loy%; and WHEREAS, the Employee dosing to be mployed as City Auditor of said City ofDalton, Texas as aCormil awointn; and NOW, THEREFOR& h consi£kration of tIn mutual oov@ants herein contailnd, tIn Parties agree as ftJlows: SECTION 1. DWINITTONS In this Agreemwt, the foDowing words and phrases shall have the following m6anbus: BaH SRI 8ry minas the awaetary mormt stated in SaMoa 61 of this Agreement tilat theEmployee is entiaed to u an amrual base salary - or, if no longer cunnt, ibm the monetaqf amrut that the Eaqdoyw is amenity entitled to as an annual base saha as appTOved by theCouncil– and does not include the value of any other tn&efit ofemployrnent or other amtuK.a. all amis the City of Denton, Texas. <,bnrmq%mart Datemeans the date on wirich Ernploy% npoas to work Invoki@My SepuBtioII mmns th Earployee’s; (1) removal by the Catneil under Sa#ion4 of this Agremmt; or (2) the Eavloye8’s rwigaadoa upon the Cotncil’s ndrntioa or threatend reduction in the Employee’s Salary or oem finaadal benefits in a BreatH percentage than a coincidirrg across..theboard reduction for all City awloyees. If Earp toy@ resigns upon such a nduc6on, the calculation of the amctaIt of any sweranm pay due and owing under this Agmlneat Mall be based on the 8mamt of the Employee’s Base Salary immediately More any such reduction. Tetut of Agtuanat mms the fiveyur time period tngiar6ag on the CommenGaanat Date and endbB oil Tamimtion Date, dud% which this Agreement shall tn in fUll force mdeRect if not earlia tandlrated in amrdartm with tIle provisions of this Agnerrma. TaminatiQa Date means the ate upon which this Agrwmmt teanirrdBS mdw wry ©plcabIe provision of this Agrurnart. l-obI Cbmpensation means the combined sim of the Elnployw’s Base galaxy and the monetary value of all other Inne6ts tbd the Employ% is entitled to twIn this ABInmart and othuwise as an Employee of Maya. SECTION Z DUTIES Employer hereby engages Be wployannt wviws of the BagBoy@ as City Auditor of said EIIplaya to }nrfwm tile functions md dutiw specified by the lknton Home Rule CityChatter (the “City Charter’ ), the Code of the City of Denton, Texas (the “City Code”), and all other applicable laws, and as outlined in Bre City ofDwton’s job descdptioa wit now exists or as it may exist widr future no<£8catioas by the Council and agreed upon tV the employee, and to perform oha legally pwaissible mla proper duties apd functions as Wo'or shall from time to time assign. AS TW . TERM A. The Term of this Agnnnt is five ywrs beginning on the Commenaenimt Date, an August 8, 2020, and ending on August 7, 2025. B, This Agreement may & Bminted More the expiration of the Tam by theEwloyu ot the Employee under appbcable provisions of this Agnement. If the Blnpkryer terrnin8tes this Agreement, it must do so by following the pmwdwes set forth in Swtion 4 ofthi3 AgneIDent The Employee may ©Hninate this ABramatby providing at 1 mg 30 days written notioe to the Brployer before the date designated by the Employee for temiaadon. SKIW. INVOLUNTARY SUSPENSIONHREMOVAL The Employu may suq>end the Employee pam to my runoval of the Employee but may not suspend orndweEWoyw’s Mlary prior to eRecting tIle hearing and removal provisions of this Section At least 30 ca)wd8r days More any removal shall become eRecU%, the Councildrdl by a mdority vote of itswurben adopt a pnlimttmw resolution of removal. Employee may reply in wdting and rmy nquiw & hearing at a public meeting of the Council, which shallbe held not earlier than 20 c8lend© days and not later than 30 calendar days after the aung of such request The hearing may be held in executive session, at the option of the Council, unle© Employee requests the hearing tn held in wen swsion in accordance widr Tex. Gov’t We6551.074. After such hearing or public hearing, ifoae be requested, md after fUll considaa6aa, the Cotmil by mdodty vote may adopt a anal r%olutioa of removal u nhstatement ThisAgreennrit shall be deerrnd to taminate on the eRective date of a final rwhrtion of removal. Page 2 of 7 SEcrioN S. SEPARATION AND SEVERANCE PAY Upn Involuntary Sqwado© occurring during the Term of the Agreement, the Erroloyn shall be entitled to a hmT sum gwormce payment in an amount not toexceed four amdi’s tmc salary and only those bare6ts paid to other noa.civU mace employees upon teanination pusuaat to policy in eRect at the time of of wparadon. At the option of the EnB>loym, Enwloyoe may take administrative leave with pay fbI four maafhs during which time Eavloyw will continue to enjoy CityeaploymaK benefits in whitlh Ow we abeacty auoIIed but will not acau€ additional vacation or sick leave. Such seyaan@ payntent shall be OF On sole remedyalploye axl @wptawe shall wtrstitute a waivu afodstiag eUnIS Employee mayhave which m&y aNn by viltae of employment with or ndgmtioa or removal 8amthe City, incluclin& without hmit8tim, any claims against the City, its oRiwrs andmrpjoyees, agalts, affiliates and subsidiaries iwludin& but not limited to, brmcb of contract, tort, First and Founwnth Amendment to the U.S. Constitution, 42 U.S,C. Section 1983, md ay and all ot:hu claims which might arise mda local, state, orfedaal Bir compensation law, rights and claims arising under the Age Discriminationin Employment Acl Texas Payday & Whistleblower Laws, Title VII of the Civil Rightswith DiubiBties Act, and the Texas Commission on Human employment pMctices employment tnnefit laws,workers’ Act, the Amaicam Rights Act. B. Notwithghndin& Section SA. or any other provision of this Agr@met& the Ea4Boyu shall not be obligated to pay md the Ernployw shall not be entitled to receive any anotmt as sevuanee payment if the Employee’s wlwation from uiploymmt is due to the Empjoyee’s owmitting an act involviEg: (1) moral twpitude; (2) m illegal mKg) nsulting in lnrsoIUl gain to ere Employee; or (3) conviction of a felmy orClan A misdea36arnr, EIIW, SALARY For the sewi®snndaui as the Employer’s City Auditor, the EaDloyw agrees to pay Employee an annual base Salary of One HwM Twenty Thousand and Zero Cents($120,000,00) md asset yen to yen by the City Council infrMe years, payable in intelhants at the same time w other employea of the Employer are paid. All pmvisioas of the City Ctwt% CiV Code, and Canoil-adopted Ru1% and R£gula&msm18ing to the ucadon arId sick leave, redMnaat and pension system coatribtaion, holidays, md other hinge bern6ts and working conditions as they now exist or baeafter may be amended, shall apply to Employ% as they would to othq anployew of the City, which tnnefitg include health inswame, longqerm disability instance mId ntinnrent urrd© the Tons Muicipal Retirement System, ata othu beae6ts, as provided to ohm ConcH app'ointws of the City, includilig tInt the City will pay Employu’s portion of the Texas Municipal R£tinment System contribution. B. In addition, &aployu agrees to Mclean the Employee’s Salary and/m other employment beae6b to such extent as the COIneD may dateankle within the Page 3 of 7 qproved bldget that it is desirable to do so on the bags ofmmualpeformance rEview of the Employu atade at the sam time as dmilar coaddem6on is given otherCOu:rGU appohtws. SECTION 7. AUTOMOBELE The Eaployw is required to tn on call for 24;Iww sudce, so theIet>re, must have acms b & which for city bwiaw. Elwlayu shall grant to dw Employee a w allowaf©e of Thru Hundnd Dollars and Zero Cents (6300.00) per month for providing such vehicle. TheEmployee shall be rwpownie fw the pwcha8e naialalanw, insurance, taxes, ets. for saidvehicle. The monthly allowance will be con£dwed for iMUse dwi% the perfonuarce evaluadm pm,ess. The ElrTloyn also agrees to reimburse Empk>ye for MI@ge outside a 5(bmile rdius of tIn City of DeaRn associated with City business at tIn cured IRS rate for miluge nhbwsw}mt in @cardame with the then cwnat City Travel Reimbwsement Poli6y fm City employees with car aaowames. WIW. PERFORMANaE EVALUATION A. The Council strallnview and evaluate the performance of the Emplay® at least orne annually during the time set aside %oh year for the performance review of otherCormcil @pokdees. Said review axl walua6on shall be in accordance with spec.iac aited8 developed jointly by Employee and Employer. Said chteda may be added to or deleted &om as the Council and Employee shall agree. B. Annually, the Council and Ernployoe shall define such goals aId performarce objectives which they determine necwsa€y for an proper operation of the City and in the attainment of the Council’s policy objectives and shall further establish a nl Hive pdodty among than various goals and objwtives. WIUN .HOURSOFWORK It is rwognind by both &nploy@ and Employ@ that the duties of City Auditor nqrin a Brat deal of tian outside of nonnd oaice hours. it is also iwo wind by the Parties that nrployw jg requhed to devote the amormt of tiMe aIId man news8wy to carry out those dutieswith the highest amount of profesionaliw possible. That tang the case, the Parties rwogiin that El@yu may choose to take NaomI time off dudngbusiaws bows when it is 8ppmjKiate md when the Bmployeg’s duties allow. Although this lwnon81 time off is not consideredvacadon, wither is it to be considered as compensatory time for tUne spent by Hnplay@ in carrying out th Erwloyw’s duties outside of normal of6ce hons, as the Parties agree dIal the Employee must devote the 8marnt of dIne ne<,essaly to hd611 those dude& The Cowoil will coagder Itn Employ Us use of personal time ondwing the performance evaluation. Page 4 of 7 SEem_X_II. otfrsIDE ACwmES Employee is entitled to devote wbatwa amouat of time the Employee &els isqlrropdate aIIa@ the Mcwwtanc@ to tIto pursuit oft8acting, cormseHng, oonsulting. wHtitw or other non©nployn cmneded busiaw outside of nonlal business hours of the Employer, provided that this does not cohfHct ot intnfue with the Employ a’s duties as City Auditor, and provided that Brnploy@ fiN notiBes the Couneil that the Employee intends to engage in sub activity, including the amarmt of tian the Employee intaxls to devote to this activity and the Employee’s argaganent in the activity is approved Council. Any memtnlship on a CorporateBoard shall also require aotioe to the Couma. SECTION 11. RBITREMENT A. Employer agnes to pay aB perwatage of the cost of the Ea4ilayn’s participaion inthe TMRS wtirane{apngram, in accordance with Employa’s curmt policy for other City anpkvns, wapt that the City will pay Employee’s portion of the Texas Municipal Retirement System watributioa. B. Employer %nesta exnute all aewssaty agreements provided by the latema6oaalCity/County Manag€rn'mt Associadm – Retirement CoQantion (ICMA-RC) for the Eaployu’s participation in said I(IMA.RC ntiromeat plans. Employw nrrther agrws to mnbibute 6% ofEawloy a’s annual base salary to ICMA-RC'8 457 plan. All mmsQautriblaed to said plans shall in in addition to the Employee’s base sa]ay. EtrTloy© also awa to aliow Enwloyoe to contribute whatever portion of their base salary they may deem applupdate to said plan, inchrdite “catch.up” provisions. C. If the Envloyee retires pwuant to a qualified ntirement plan or is permanently disabled during the Un ofttlis Agrwmmt, the Employee stwII be compensated for vacatioa leave, holidays, and other benefits Ibm awnnd or neaRed to the Employee inaccordawe with Employer's gwnntlnbcies for compaMdon for these tnnefits, and, at the Employee’s option, shall tn peta$tted D caldnue to participate in the City’s health hswance plan on the sme basis as other wtirws from the City are parnitted to do so, or, ifnxh ottrn nSrees we not pemattcd to do so, at the ccst of the Employee. + SECFION 12. DUES, MEMBERSHIPS AND suBSCRrPnoNS Earploy er agren to budwt arId to pay for the professional dues, membenhip6 andsubscriptions of Employ a nemwary fu the Erwloyee’s ooatinuatim of full Iwticipation in national regional, state and local associatiors and arganizations nwwsaly aaa d®inbIe for the Earp]oyee’s continued profwdonal partic®tion, growth aId advanoemmt as City Atditor, and for dn good of the Employer in amounts that ne approved by the Council in the annual budgetof tb City ofDenlon. SEaioN 13. PROFESHONAL DEVELOPMENT Page 5 of 7 &lwloyu belay agnes to budget for axl to pay 1in 6l11 aavel participation, and SBbdst£lm upms® of Eaploy@ for lmf8%ional and oRicial travel meetings and occasionsadequate to coatiaue the professional development of Braploy0% and to 8daDrately plaguenecessary afncia] and other functions hr Employ% includirB but not ErrIited to the Texas Mwicipal League, and oem SInk national, regional, state and local groups and comndttees thereof which Erroloy® s©ves as a mmbu ia the antnts approved by the Council in the arratul txaget for the City of DaMon. SECIION 14. BONDING Empkvu shall bear the full cost of any 6deHty m otha tXtIIdS that may be nquiral of the Employee war any kw or ordinance. SECTION 15. OTHER TERMS AND coNDrrioNS OF EMPLOYMENT A. The Cbuncil, md in consultation with the Employ% sluR 6x my such aha @tms and oonditims of employment as it may determine IIon lime to time, re]ating to tInpuformanm of Employ% provided sink tams and conditions me not iaconsistmt with or h ooafHct with the provisions of this Agrwneat, the City Charter or wryotin law, and are mmodali zed by a written amendment tD this Agnemmt B. All provisions Qf the City Ctwta and City Code, and regulations md rules of tInEmploya relating to vmation md gcR leave, ndfanenl and penSioh system caHdbutian$ holiday, and other fringe benefits and working conditions as they now uist or henafter may be amended, also shall apply to Employee as they would to other employees of the Employer in addition to said teNets enumerated spwiflm[lyfor the bem6tofEa49oyw. SECTION 16. GENERAL PROVISIONS A. lbc text benin shall constitute the entire agnemaa betwwn tIle Parties. B. If my provision, or any portion, thereof, oontatrwd h dtis Agnemmt is helduncoa3titUioml, hiv&Ii& or uwafone8ble, the ran8inder of this AgreenIall, or portion thaw)f, shall be demred severable, graII not be affected and shall remain infotce arxi cOed. C. The yenie of my litigation involving Ibis Agneanat shall be in a court of competent jud sdiction sitting in Denton ComM Texas. SECHON IZ. APPROPRIATIONS Page 6 of 7 The Employa agrees that it will appwpd8te, set aBide BId mwalba bIrds of the City inm anount suHicMt to fund and pay all nIraaCial obligations of the City pwsumt to djgAgrewent, including, but not United to, the gwnanoe pay salary and benefits set forth and&seabed herein. SECTION 18. WFEcrrvE DATE IIa8 Agreement dai take eaeaoaAll8ut 7, 2021. IN WITNESS WHERECN, the MVor as duly authodad by the Couwil and on behalf of the City of Denton, has signed aId executed this Agreement md the Eaployee has signed md exwu@dtlisAgrm£a\ lx3th in dapHne, the day md y%r first above written, CITY OF DENTON, TEXAS &fKrZM,o, ATIEST: ,/%4;, '#a;/, JROSA RIOS, CITY SECREfARY L\1111111 APPROVHD AS TO LEGAL FORM: CATiuRniE CLiFroN, nqTERIM CITY ATrORNEY APPROVED AND ACCE7rED >l..,, y:::::'’z'___MADISON RORscHAai Page 7 of 7