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2001-008-PEDC PARIS ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 2001-008 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE PARIS ECONOMIC DEVELOPMENT CORPORATION, APPROVING ADDENDUM NUMBER TWO TO THE EMPLOYMENT AGREEMENT BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION, THE LAMAR COUNTY CHAMBER OF COMMERCE, AND GARY L. VEST; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Paris Economic Development Corporation and the Lamar County Chamber of Commerce did heretofore, in PEDC Resolution No. 94-001 and Joint Resolution No. 94-001, approve the execution of an Employment Agreement with Gary L. Vest; and, WHEREAS, the Paris Economic Development Corporation and the Lamar County Chamber of Commerce did heretofore, in PEDC Resolution No. 95-013 and Joint Resolution No. 95-001, authorize and approve Addendum Number One to the Employment Agreement; and, WHEREAS, the terms of the employment agreement are in need of additional revision, and an Addendum Number Two to Employment Agreement dated June 15, 1994, in the form attached hereto as Exhibit A, should, in all things, be approved; NOW, THEREFORE, BE IT RESOLVED CORPORATION: BY THE PARIS ECONOMIC DEVELOPMENT Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That Addendum Number Two to Employment Agreement dated June 15, 1994, in the form attached hereto as Exhibit A, be, and the same is hereby, approved. Section 3. That the President of the Paris Economic Development Corporation be, and he is hereby, authorized and directed to execute, on behalf of the Paris Economic Development Corporation, Addendum Number Two to Employment Agreement dated June 15, 1994, in the form attached hereto as Exhibit A. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND ADOPTED BY THE PARIS ECONOMIC DEVELOPMENT CORPORATION this 12th day of June, 2001. ATTEST: ~/~ Melba Harris, Secretary-Treasurer APPROVED AS TO FORM: ADDENDUM NUMBER TWO TO EMPLOYMENT AGREEMENT DATED JUNE 15, 1994, BETWEEN THE PARIS ECONOMIC DEVELOPMENT CORPORATION, THE LAMAR COUNTY CHAMBER OF COMMERCE AND GARY L. VEST STATE OF TEXAS COUNTY OF LAMAR ) ) ) KNOW ALL MEN BY THESE PRESENTS, that this Addendum Number One to Employment Agreement dated June 15, 1994, between the Paris Economic Development Corporation, the Lamar County Chamber of Commerce and Gary L. Vest, is made this 12th day of June, 2001, by and between the Paris Economic Development Corporation, by and through its President, Michael R. Rhodes, duly authorized, hereinafter called PEDC, the Lamar County Chamber of Commerce, by and through its President, Terry Christian, duly authorized, hereinafter called CHAMBER, and Gary L. Vest, hereinafter called VEST. WITNESSETH It is hereby mutually agreed by and among PEDC, CHAMBER and VEST that the following paragraphs be amended to read as follows: "SECTION 3. Compensations "PEDC and CHAMBER shall pay VEST a salary, before required deductions, of not less than $6,666.67 per month, payable monthly. All such compensation shall be subject to the customary withholding tax, Social Security tax, and other employment or payroll taxes as may be required and provided by the United States of America or the State of Texas. " "SECTION 4. Term "Except to the extent otherwise stated in this Paragraph, VEST serves at the will of PEDC and CHAMBER. "In the event that VEST is terminated from his employment for any reason other than for cause, in accordance with Section 13, PEDC and CHAMBER agree to continue to pay and provide to VEST all salary and benefits due hereunder for EXHIBIT A a period of 1 (one) year from the effective date of termination. Should VEST's employment be terminated for cause, in accordance with Section 13, then this Agreement shall automatically cease and be of no further force and effect. All VEST's rights to salary or other benefits shall cease at the time VEST is terminated for cause. " "SECTION 7. Vacation Holidays "VEST shall be entitled to take as holidays those days as may be from time to time taken by the Lamar County Chamber of Commerce as holidays. VEST shall be eligible for vacation as follows: "A. After one year - three (3) weeks. "VEST shall take vacation in such year for which he is eligible for same, and VEST may carryover accrued vacation, not to exceed a total of thirty (30) days accrued vacation." "SECTION 8. Automobile/Travel Expenses "CHAMBER agrees to either provide to VEST a vehicle for business use or pay to VEST a car allowance of $500.00 per month for VEST's business use of his personal vehicle within Lamar County. In the event the CHAMBER does not provide a vehicle, VEST shall provide a vehicle appropriate for use in business pursuant to this contract, and VEST shall be responsible for payment of liability insurance on such vehicle in an amount approved by PEDC and CHAMBER. PEDC agrees to reimburse VEST for out -of-county travel on a cost basis in accordance with PEDC's and CHAMBER's established policies." "SECTION 15. PEDC's Contribution "PEDC agrees to pay to CHAMBER, $36,890.00 to fund its agreed proportional 37.3 % of VEST's compensation. Such payment shall be paid monthly on or before the first day of each month in the amount of $3,074.17. " EXECUTED on the 12th day of June, 2001. PARIS ECONOMIC DEVELOPMENT CORPORATION By: Michael R. Rhodes, President ATTEST: Melba Harris, Secretary-Treasurer APPROVED AS TO FORM: Larry W. Schenk, City Attorney LAMAR COUNTY CHAMBER OF COMMERCE By: Terry Christian, President ATTEST: Don Wall, Secretary-Treasurer Gary L. Vest STATE OF TEXAS COUNTY OF LAl'\1AR ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared MICHAEL R. RHODES, President, Paris Economic Development Corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 12th day of June, 2001. Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared TERRY CHRISTIAN, President, Lamar County Chamber of Commerce, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2001. - Notary Public, State of Texas STATE OF TEXAS COUNTY OF LAMAR ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared GARY L. VEST, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2001. - Notary Public, State of Texas