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06-04-20-Resolution-Employment Agreement for City Manager with Alina Ciocan-05/18/2020EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SANGER AND ALINA CIOCAN FOR THE POSITION OF CITY MANAGER STATE OF TEXAS COUNTY OF DENTON CITY OF SANGER KNOW ALL PERSONS BY THESE PRESENTS: THIS AGREEMENT is made and entered into this 29th day of May 2020, by and between the City of Sanger, Texas, a home rule municipal corporation, hereinafter called "Employer" and Alina Ciocan, hereinafter called "Employee" both of whom understand as follows: WITNESSETH: WHEREAS, Employer desires to employ the services of said Alina Ciocan as City Manager of the City of Sanger, as provided by Article IV, Section 4.01 of the City Charter, and WHEREAS, it is the desire of the governing body, hereinafter called "City Council" to provide certain benefits to establish certain conditions of employment and to set working conditions of said Employee; and WHEREAS, Employee desires employment as City Manager of said City of Sanger; and WHEREAS, the parties acknowledge that Employee is, or will become a member of the International City/County Management Association (ICMA), and the Texas City Management Association (TCMA) and that Employee is subject to the Code of Ethics of these organizations; NOW THEREFORE, in consideration of the mutual covenants herein contained, the panties agree as follows: Section 1 -Duties Employer hereby agrees to employ said Alina Ciocan as Employee of said Employer to perform the functions and duties specified for City Manager in Article IV, Section 4.01 of the Sanger City Charter and applicable provisions of the City Code and to perform other legally permissible and proper duties and functions as the City Council shall from time to time assign. Section 2 -Term A. The term of this agreement shall be for one year commencing on June 4, 2020. Employee agrees to remain in the exclusive employ of Employer during the term of this agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 9 of this agreement. B. In the event written notice is not given by either party to this agreement to the other thirty (30) days prior to the termination as hereinafter provided, this agreement shall be extended on the same terms and conditions as herein provided, annually, without further action. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3 -Termination and Relocation Expenses A. In the event Employee is terminated by the City Council during the term of this agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 60 days of her then aggregate salary. Employee shall also be compensated for earned Sick leave, Vacation leave, holidays and other accrued benefits to date, pursuant to the City of Sanger employee manual. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall be obligated to pay for all accrued benefits herein above described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time during the term of this agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefitting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that she resigns, or the Employer declines to renew the Employee's contract then, in that event Employee may, at her option, be deemed "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein relocation expense provision. Section 4 -Resignation In the event Employee voluntarily resigns her position with Employer during the term of this agreement, then Employee shall give Employer 30 days' notice in advance, unless the parties agree otherwise in writing. In this event, the relocation expense provisions of Section 3 will not apply. Section 5 -Disability If Employee is permanently disabled or otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of four successive weeks beyond any accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall have the option to terminate this agreement, subject to the relocation expense requirements of Section 3, Paragraph A. Section 6 -Salary Employer agrees to pay Employee for her services rendered pursuant hereto, an annual base salary of $137,000 payable in installments at the same time as other managerial employees of the Employer are paid. In addition, Employer agrees to increase said base salary and/or benefits of Employee in such amounts and to such extent as the City Council may determine that is desirable to do so based on the annual salary review, as a part of the annual performance evaluation process and at any other time the City Council deems appropriate. Section 7 - Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee at least once annually. Such review and evaluation shall be in accordance with specific criteria developed jointly by Employer and Employee, and in accordance to the provisions of the Sanger City Code and Personnel Policies. Said criteria may be added to or deleted from as the City Council from time to time determine, in consultation with the Employee. Further, the Mayor of the City of Sanger shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss her evaluation with the City Council. B. Annually, the City Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the City of Sanger and in the attainment of the City Council's policy objectives and shall further establish a relative priority among those generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. C. In effecting the provisions of this section, the City Council and Employee mutually agree to abide by the provisions of applicable law. Section 8 -Work Hours It is recognized that Employee must devote a great deal of time outside the normal office hours to the business of the Employer, and to that end, Employee will be allowed to take time off as she shall deem appropriate during said normal office hours. Section 9 -Outside Activities Employee may not spend more than 10 hours per week in teaching, consulting or other non - Employer connected business without the prior approval of the City Council. Employee's outside activities shall not interfere or conflict with any duties or responsibilities required under this agreement including the number of hours. Section 10 —Automobile, Cell Phone and Other Expenses Employee's duties will require that she uses her personally owned vehicle for Employer business. Employer has recognized this by agreeing to pay to Employee $500.00 per month to reimburse Employee for the business use of her vehicle. Employee shall be responsible for paying for liability, property damage, comprehensive insurance and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Employer will also reimburse Employee for business use of her personal cell phone by paying $50.00 per month to Employee. Employer also agrees to reimburse Employee for hotel accommodations for up to two nights per month, should the Employee choose to do so. Lodging is limited to the Sanger area. Section 11 -Vacation, Sick and Military Leave A. Employee shall accrue Sick and Vacation leave to her personal account at the same rate as other general employees of the Employer. Said Vacation and Sicic leave shall be subject to provisions as outlined in Section 3 of this agreement, upon termination of Employee. In addition, if Employee voluntarily resigns as described in Section 4 of this agreement, Employer agrees to compensate Employee for ali accrued Vacation and Sick leave up to and including the final date of employment. Employer agrees to credit Employee with 12 hours of vacation leave per month and adjust future accruals in alignment with the Personnel Policy Manual. B. Employee shall be entitled to military reserve pursuant to Federal or State law and City %J Sanger policies. Section 12 -Health and Life Insurance Employer agrees to provide hospitalization, surgical and comprehensive medical insurance and life insurance for the Employee equal to that provided to all other employees of the City and to pay the premiums thereon on the same basis as for other employees of the Employer. Section 13 -Retirement Employer shall provide and pay for Employee's participation in the retirement plan of the Texas Municipal Retirement System in a manner and rate consistent with all other employees of the City of Sanger. In addition, Employer shall agree to execute all necessary agreements provided by ICMA for Employer's continued participation in said ICMA deferred compensation plan and to transfer ownership to succeeding employers upon Employee's resignation or termination. Section 14 -Dues and Subscriptions Employer agrees to budget and pay for professional dues and subscriptions of Employee necessary for her continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for her continued professional participation, growth and advancement and for the good of the Employer. Said dues and subscriptions shall include but not be limited to, Texas City Management Association, International City/County Management Association and their regional and local affiliate organizations. Section 15 -Professional Development A. Employer hereby agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue professional development of Employee and to adequately pursue necessary official functions for Employer, including but not limited to the TCMA annual conference, the National League of Cities, the Texas Municipal League and such other national, regional, state and local government groups and committees thereof which the Employee serves as a member. Participation in said professional development activities shall be considered a part of the Employee's work -related duties and Employee shall not be required to use accrued leave for such participation. B. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for her professional development and for the good of the Employer. Section 16 - Civic Club Membership Employer recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to become a member of a local civic club of her choice, For which Employer shall pay all expenses. Employee shall report to the Employer on each membership that she has taken out at an Employer's expense. Section 17 -Indemnification To the extent permitted by law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claims or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the good faith performance of Employee's duties as Employee, unless arising from Employee's willful misconduct or intentional tort. Employer will compromise and settle any claim or suit and pay the amount of any settlement or judgments rendered thereon, provided however, that any settlement shall be subject to the review and approval by Employee. Section 18 -Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under law or ordinance by her employment. Section 19 -Residency Employee shall continue to reside in Denton County during her employment with the City. Section 20 -Other Terms and Conditions of Employment A. The City Council, 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 of Employee, provided such terms and conditions are not inconsistent or in conflict with the provision of this agreement, the Charter, Texas Local Government Code or other applicable law. B. All provisions of the City of Sanger Code of Ordinances, and regulations and rules of the Employer relating to vacation and sick leaves and retirement and pension system contributions, holidays, and other benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee except as provided herein. Section 21 -Notices Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: Thomas Muir Mayor City of Sanger P.O. Box 1729 Sanger, Texas 76266 (2) EMPLOYEE: Alina Ciocan 2209 Langdon Drive Frisco, Texas 75033 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as the date of personal service or as of the date of deposit of such written notice during transmission in the United States Postal Service, Section 22 -General Provisions A. This agreement shall constitute the entire agreement between the parties and shall supersede all prior written or oral agreements between the parties with respect to the subject matter hereof. B. This agreement shall be binding upon and inure to the benefit of heirs at law and executors of Employee. This agreement is not assignable. C. 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 full force and effect. D. This agreement may only be amended by a written instrument by both parties IN WITNESS WHEREOF, the City of Sanger, Texas, has caused this agreement to be signed and executed in its behalf by the Mayor, Thomas Muir, and duly attested by the City Secretary and the Employee has signed and executed this agreement, both in duplicate, the day and year first written above. ATTEST: 4 City Secretary Thomas Muir, Mayor, City of Sanger, Employer Alina Ciocan, Employee