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

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C. A phone allowance as provided city employees (phone and data) or provide a city cell phone. D. Additional compensation equal to four percent (4%) of Employee's base salary will be paid to the 401A plan on the Employee's behalf on a pay period basis. E. The City will provide the Employee with any across the board or cost of living increase granted to all other employees in the same amount and awarded on the same effective date awarded to all employees. F. The City Council may increase the salary of the Employee from time to time, at its discretion without having to amend this agreement. Increasing the salary does not constitute an amendment to this Agreement or any severance agreement between the City and Employee. Section 6: Performance Evaluation A The City Council shall review and evaluate the performance of the Employee at such times as are determined appropriate by the City Council. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City and Employee, and in accordance to the provisions of Section 2.021 of the San Marcos City Code. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further,the Mayor of the City of San Marcos shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council B The City Council shall define such goals and performance objectives that they determine necessary for the proper operation of the City and the attainment of the City Council's policy objectives. C. Merit consideration will be provided once each year or more often if the City Council so indicates. Such salary increases, if given, will be based upon satisfactory or better performance during each year of employment. D. The City Council may provide a merit increase to the Employee from time to time, at its discretion without having to amend this agreement. Increasing the salary does not constitute an amendment to this Agreement or any severance agreement between the City and Employee. Section 7: Vacation, Sick, and Military Leave A. Employee shall accrue and have credited to his personal account, vacation and sick leave at the same rate as general employees of the City In recognition of the amount of time that the employee will devote to the job, the City Council agrees to allow the employee to use vacation or sick leave prior to accrual during the first year of employment. B. Employee shall be entitled to military leave pursuant to Federal or State law and City policies. C. In addition to the leave identified in Section 7(A) above, Employee shall have vacation, sick leave, and floating holidays forfeited upon separation from prior employment with the City reinstated for use immediately after commencement of his employment. D. For the purpose of leave accrual and longevity pay, service time will include all prior and current employment with the City. Section 8: Employee Benefits The City shall provide for Employee's participation in the City of San Marcos retirement plan through the Texas Municipal Retirement System in a manner consistent with all other employees of the City. The City agrees to provide employee benefits for medical, dental, life insurance, vision, and disability in accordance with normal City policy for general employees unless otherwise provided in this document. Page 2 of 6