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Ordinance No. 12,443ORDINANCE NO. 12,443 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER WITH ROBERT D. LEIPER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. **** t** ttt+ ttt+++++**+ t+ t+ t+ t+ t+++++++*++****+ t * +t +t + + + + + + + + + * + * * + * * * * + + +t + * ++ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the Mayor to execute and the City Clerk to attest to the First Amendment to the Agreement for Professional Services and Employment as City Manager with Robert D. Leiper. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirma a vote of the City Council of the City of Baytown on this the 12" day of December, 2013. A /ICfLC T46�1_��///S LETICIA BRYSCIMy derk,� APPROVED AS TO FORM : - / ACIO RAMIREZ, SR., Cityvtorney R.WC WituNCity Comcil\Ordinnncus2013\Deccmbcr 12 \CityM=gcrContmcl mendmentOrdinmm.dnc Exhibit "A" FIRST AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT AS CITY MANAGER STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment ( "First Amendment ") to the Agreement for Professional Services and Employment as City Manager by and between the City of Baytown, Texas, a municipal corporation, and Robert D. Leiper effective as of January 27, 2011 (the "Agreement "), is made by and between the same parties on the date hereinafter last specified. . WITNESSETH: WHEREAS, the City of Baytown (the "City") and Robert D. Leiper (the "Manager ") entered into the Agreement for Professional Services and Employment as City Manager effective as of January 27, 2011; and WHEREAS, the City and the Manager desire to amend the Agreement to revise certain terms and conditions; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: 1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as used in this First Amendment shall have the same meanings as in the Agreement. 2. Amendments. a. Section 2 "Term" of the Agreement is hereby amended to read as follows: Section 2. Term. The term of this Agreement shall be indefinite and this Agreement shall be and remain in full force and effect until terminated by the Manager or the Council as herein provided (the "Term "). The Manager shall serve at the pleasure of the Council and at all times shall be considered an at -will employee subject to the terms of the Charter and this Agreement. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Council or the Manager to terminate the services of the First Amendment to the Agreement for Professional Services and Employment as City Manager, Page 1 Manager as City Manager at any time, subject only to applicable provisions of the City Charter, City personnel policies and procedures, and this Agreement. If the Manager terminates this Agreement by voluntary resignation of the position of City Manager, the Manager shall give at least 30 days' written notice in advance unless the Council otherwise agrees in writing. b. Section 3 "Salary" of the Agreement is hereby amended to read as follows: Section 3. Salary. The City agrees to pay the Manager an annual base salary, which salary shall initially be ONE HUNDRED EIGHTY -THREE THOUSAND SEVEN HUNDRED EIGHTY AND NO /100 DOLLARS ($1 83,780.00), payable in installments at the same time as other employees of the City are paid. The Council further agrees to review the base salary and other benefits of the Manager at the same intervals as it reviews the salaries and benefits of other non -civil service City employees. C. Section 4 "Benefits" of the Agreement is hereby amended to read as follows: Section 4. Benefits. All provisions of the rules and regulations of the City applicable to fringe benefits, including, but not limited to, health and life insurance, disability and retirement benefits, vacation and sick leave, and working conditions as they now exist or hereafter may be amended, shall also apply to the Manager as they apply to all other employees of the City, in addition to the benefits enumerated specifically for the benefit of the Manager herein. Upon separation of employment with the City, the Manager will be paid for all accrued and unused leave in accordance with personnel policies and administrative rules and also for one -half of unused sick leave up to 120 days at his final rate of pay. Additionally, the Manager will be paid for up to 50 days of additional accrued sick leave at his final rate of pay provided that (i) Manager holds the office of City Manager at the time of separation; and (ii) such separation occurs on or after December 1, 2014. d. Section 9 "Termination" of the Agreement is hereby deleted in its entirety. 3. Entire Agreement. The provisions of this First Amendment and the Agreement should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control. 4. Interpretation. This First Amendment has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this First Amendment. First Amendment to the Agreement for Professional Services and Emnlayment as City Manager. Page 2 5. Captions. Captions contained in the Agreement and the First Amendment are for reference only and, therefore, have no effect in construing the documents. The captions are not restrictive of the subject matter of any section. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiple copies, each of which shall be deerged to be an riginal, b t all f which shall constitute but one and the same amendment, this f�day of , 2013, the date of execution by the Mayor. CITY OFAVAYTOWN n EPH �bONCARLOS, Mayor ATTEST: LETICIA BRYSCH, City Clerk, a . 9 O Ot �0 pQ " f1� oa000004D� APPROVED AS TO FORM: �� -- IGNACIO RAMIREZ, SR., City Attorney AGREED AND ACCEPTED this the/c2 4 L day of , 2013. WA BE First Amendment to the Agreement for Professional Services and Employment as City Manager, Page 3 STATE OF TEXAS § COUNTY OF HARRIS § Before me, L67ic /4 f ySC.# the undersigned notary public, on this day personally appeared ROBERT D. LEIPER, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this 1�� day of AU04A, 2013. ,,•� *.cg:., LETICIA BRYSCti Notary Public in and for e 'r °= Notary Public, State of Texas State of Texas ., My Commission Expires December 04, 2014 R:UWm1FlIplCmtr=WCily Manager AgmemenODWs Fusi Amended AWCOMe t Clem doe First Amendment to the Agreement for Professional Services and Employment as City Manner, Page 4