Res 2023-063/appointing Samuel J. Aguirre as City Attorney; approving his employment agreement; authorizing the Mayor to execute the agreement

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EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND SAMIUEL J. AGUIRRE FOR THE POSITION OF CITY ATTORNEY AGREEMENT made and entered into this 21st day of March, 2023, by and between the City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and Samuel J. Aguirre, hereinafter called "Employee," both of whom understand as follows: WHEREAS, City desires to employ the services of Employee as City Attorney, as provided by Sec. 4.04 of the City Charter; and WHEREAS, it is the desire of the City's governing body, hereinafter called "City Council," to provide for the compensation and other terms and conditions of Employee's employment; and WHEREAS, Employee desires to accept employment by the City on the terms indicated; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Duties The City hereby agrees to employ Employee, and Employee hereby accepts employment, as City Attorney, to perform the functions and duties specified in said Sec. 4.04 of the 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: Residency The employee shall establish his principal physical residence in the city, within 90 days after appointment, and shall have his principal physical residence in the city continuously thereafter while holding office. Section 3: Term A. The term of this Agreement shall be one (1) year, commencing on or before May 01, 2023, unless sooner terminated as provided herein. B Upon expiration of the term specified in the preceding paragraph, this Agreement shall automatically renew itself for successive one-year periods, unless either party shall give written notice to the other at least thirty (30) days prior to the terminal date of this Agreement or of any succeeding year, that this Agreement will not be renewed. Section 4: Best Efforts Employee agrees to devote his best efforts, energies, and skill to the discharge of the duties and responsibilities attributable to his position, and to this end, he will devote his full time and attention exclusively to the business and affairs of the City. Employee agrees that he may not derive any personal advantage or gain, either directly or indirectly, with respect to any business transaction in which the City engages, and that he will promptly disclose in writing to the City Council all facts that are material to any such potential profit or gain. Section 5: Salary All compensation shall be payable in installments at the same time as other employees of the City unless otherwise noted. The City agrees to pay Employee for his services rendered pursuant hereto: A. An initial base salary of $210,000 per year Page 1 of 6