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1998-058-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 20TH DAY OF APRIL RESOLUTION NO. 98-058 WHEREAS, the City Council of the City of Paris did heretofore, on the 20th day of April, 1998, appoint Scott P. Foster as the Interim City Attorney; and, WHEREAS, it is deemed appropriate that the employment agreement with Scott P. Foster, attached hereto as Exhibit A, be, in all things, approved, and that the Mayor, Eric S. Clifford, be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of the employment agreement with Scott P. Foster, attached hereto as Exhibit A, be, and the same is hereby, approved; and, BE IT FURTHER RESOLVED, that the Mayor, Eric S. Clifford, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the employment agreement with Scott P. Foster, under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED this 30th day of April, 1998 Eric S. Clifford, Mayor ATTEST: APPROVED AS TO FORM: C~CO Scott P. Foster, City Attorney EMPLOYMENT CONTRACT STATE OF TEXAS ) ) COUNTY OF LAMAR ) KNOW ALL MEN BY THESE PRESENTS: By this Agreement, the CITY OF P ARIS, PARIS, TEXAS, a municipal corporation, I I~; i' $J,' " ,. ~ referred to in this Agreement as "Employer," employs SCOTT FOSTER, of Paris, Texas, referred to in this Agreement as "Employee," who accepts employment on the following terms and conditions: ARTICLE I Term of Employment 1.01. By this Agreement, the Employer employs the Employee, and the Employee accepts employment with the Employer, for a period of two (2) years, beginning on the I st day of May, 1998; however, this Agreement may be terminated earlier, as provided in Article 8 below. Renewal 1.02. This Agreement shall automatically renew each year on the anniversary date, renewing for a two (2) year period, unless written notice is delivered to Employee by the Employer to the contrary at least thirty (30) days prior to the anniversary date, in which case, the Agreement shall 'I remain in full force for a period of one (I) year. ARTICLE 2 Compensation Basic Compensation 2.01. As compensation for all services rendered under this Agreement, the Employee shall be paid by the Employer a salary of $50,441.00 per year, payable in regular increments as per 'I Employer's normal practice during the period of employment. The amount paid is to be prorated for 1 ' I / I EMPLOYMENT CONTRACT. .Page I EXHiBIT A any partial employment period. Specifically, the yearly salary of $50,441.00 is a starting grade of 51 at Step I in accordance with the grade and step plan used by the City of Paris, Paris, Texas, in the determination of compensation for its employees. ARTICLE 3 Duties of Employee Duties I~: I' .1..$,....' " ~ 3.01. The Employee is employed as the City Attomey for the City of Paris, Paris, Texas, and shall work at the City Hall for the City of Paris, Paris, Texas, and at such other place in Paris, Texas, as the Employer may direct. The Employee shall carefully and accurately perform all duties commonly discharged by attorneys. Additionally, the Employee is required to perform other duties of a similar nature as may be required from time to time by the Employer. Extent of Services 3.02. The Employee shall devote his entire productive time, ability, attention, and energies to the business of Employer during the term of this Agreement. During such time, the Employee shall not directly or indirectly render any services of a business, commercial, or professional nature to any other city, person, organization, or entity, whether or not for compensation, without the prior written consent of the Employer. ARTICLE 4 Employee Benefits and Bonuses Medical and Dental Benefits 4.01. The Employee shall be entitled to participate in all benefits commonly offered by Employer to its employees. This section does not preclude Employer from compensating Employee with any additional or alternate benefits the Employer and Employee may agree upon at a later time. 1 ' I :1 EMPLOYMENT CONTRACT - .Page 2 ARTI CLE 5 Reimbursement of Expenses Incurred by Employee Business Expenses 5.01. The Employee is authorized to incur reasonable business expenses for conducting the business of Employer, including expenditures for travel. The Employer will reimburse the I~: , 41 ;.....' ;' ~ Employee for all such expenses upon the Employee's presentation and itemized account of such expenditures. Meetings and Continuing Legal Education 5.02. Employee is encouraged and is expected to attend meetings, professional conventions, and continuing legal education seminars in his field, at reasonable times. The cost of travel, meals, lodging, tuition, and registration for attending such activities shall be paid by Employer. ARTICLE 6 Property Rights of Parties 6.01. During the term of employment, the Employee will have access to and become familiar with various information, records, and specifications, owned by Employer and regularly used in the operation of the business of the Employer. The Employee shall not disclose any such information, directly or indirectly, nor use it in any way, either during the term of this Agreement or at any time " thereafter, except as required in the course of his employment. All files, records, documents, drawings, specifications, equipment, and similar items relating to the business of the Employer, whether or not prepared by the Employee, shall remain the exclusive property of the Employer and shall not be removed from the premises of the Employer under any circumstances without the prior written consent of the Employer. .1 EMPLOYMENT CONTRACT. .Page 3 Return of Employer's Property 6.02. On the termination of employment or whenever requested by the Employer, the Employee shall immediately deliver to the Employer all property in the Employee's possession or under the Employee's control belonging to the Employer, including, but not limited to all records, I t~; I' 'J,).' ";, oj computer terminals and tapes, and all office furniture and fixtures, supplies, and other personal property used by the Employee during this term of employment. ARTICLE 7 Obligations of Employer Indemnification of Losses of Employee 7.01. The Employer shall indemnify the Employee for all losses sustained by the Employee as a direct result of the discharge of his duties required by this Agreement. Working Conditions 7.02. The Employer will provide the Employee with a private office, secretarial and stenographic services, and any other facilities and services as are suitable to the Employee's position or required for the performance of his duties. ARTICLE 8 Termination Mutual Termination 8.01. This Agreement may be terminated at any time by mutual agreement of the Employer and Employee. Termination by Employer for Cause 8.02. The Employer may, at its option, terminate this Agreement by giving written notice of termination to the Employee without prejudice to any other remedy to which the Employer may be entitled, either at law, in equity, or under this Agreement, if the Employee: 1 ' I I EMPLOYMENT CONTRACT. .Page 4 a. Willfully breaches or habitually neglects the duties that the Employee is required to perform under the terms of this Agreement; or b. Willfully violates reasonable and substantial rules goveming employee performance. Effect of Termination on Compensation I ~): l' .'t ,;:..'" J" ~ 8.03. In the event of the termination for good cause as described in Section 8.02 of this Agreement prior to the completion of the term of employment specified in Article 1, the Employee shall be entitled to the compensation eamed by the Employee prior to the date of termination as provided for in this Agreement, computed pro rata up to and including that date. The Employee shall be entitled to no further compensation after the date of termination. ARTICLE 9 General Provisions Notices 9.01. All notices or other communications required under this Agreement may be effected either by personal delivery in writing or by certified mail, retum receipt requested. Notice shall be deemed to have been given when delivered or mailed to the parties at their respective addresses as set forth above or when mailed to the last address provided in writing to the other party by the addressee. Entirety of Agreement 9.02. This Agreement supercedes all other agreements, either oral or in writing, between the parties to this Agreement, with respect to the employment of the Employee by the Employer. This Agreement contains the entire understanding of the parties and all of the covenants and agreements between the parties with respect to such employment. \ 'I :! EI\WLOYMENT CONTRACT - .I'age 5 Executed at Paris, Texas, on this the 30th day of April, 1998. By: ATTEST: Mattie Cunningham, City Clerk CITY OF PARIS, PARIS, TEXAS EMPLOYER Eric S. Clifford, Mayor SCOTT P. FOSTER, EMPLOYEE Scott Foster EMPLOYMENT CONTRACT. .Page 6 I. t~. " . ~- "" ~ 'I