Res 2025-145 approving a restated employment agreement and a severance agreement for the City Attorney

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RESTATED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN MARCOS, TEXAS AND SAMUEL J. AGUIRRE FOR THE POSITION OF CITY ATTORNEY This Restated Employment Agreement(the"Agreement") is made and entered into on August 19,2025, 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 continue employing 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 continue 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 continuously maintain his principal physical residence in the city while holding office. Section 3: Term This Agreement commences on August 19, 2025 and shall continue in effect until terminated by City or Employee in accordance with Section 13. Nothing contained in this Agreement shall change or alter the fact that Employee serves at the will of the City Council. 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, collectively, the"salary": A. An initial base salary of $210,000 per year B. A car allowance consistent with City policy at the assistant city manager tier. Page 1 of 6