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

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SEVERANCE AGREEMENT (Samuel J.Amuirm* City This severance agreement(hereinafter referred to as the"Agreement") is made and entered to be effective August 10. 2025 (the "Effective Oate"), by and between the City of San K8ar000. Texas, a Texas home-rule municipality (hereinafter referred to as the ''City"); and Samuel J. Aguirre, City Attorney (hereinafter referred to as ^Emp|uyee''), both of which parties hereto understand and agree as follows: WHEREAS, on the Effective Date, the City and Employee entered into o Restated Employment AgraementonnoerningthooarvioeaofEmp|oyee/hereinaftornefarnedtooathe''Emp|oymentAgreement'\; and WHEREAS, the City Council of the City' finds it is in the best inbanaat of the City to address any severance payment provided to Employee in the event the City decides to terminate Employee's employment during such time Employee is willing and able to continue performing the duties of the Employee pursuant bo the Employment Agreement. NOW,THEREFORE,for and in consideration of the agreements contained herein' and other good and valuable conoidenadon, the receipt and sufficiency of which are hereby acknowledged, the City and Employee agree aofollows: SECTION 1' FINDINGS INCORPORATED. The foregoing necibs|e are hereby incorporated into the body of this Agreement and shall be considered part ofthe mutual oovonento, consideration and promises that bind the parties. SECTION 2. TEFlK8' This Agreement shall be effective as of the Effective Date of this Agreement and shall continue thereafter through the term of the Employment Agreement un|ono terminated sooner under the provisions hereof. SECTION 3. AFFIRMATIVE OBLIGATIONS. The City and Employee covenant and agree that while this Agreement is in nffeut, it shall comply with the following terms and conditions: A. Termination without cause: I. The City will pay Employee a lump sum cash payment for all salary, earned unused vacation (the same asgeneral employees), earned unused sick leave (up to45 dayo), and other benefits that were earned but unused as of the last day of active employment. 2. The City will pay the Employee a lump sum cash payment equal totwelve (12) months' salary. This payment is contingent upon a waiver and ny)oaae of all claims against the City in a form acceptable to the City. B. Termination for cause: In the event Employee is terminated for cause, as defined in this document, the City shall have no obligation to pay the severance pay and severance benefits designated in this Agreement. C. Resignation by Employee: The City will pay Employee a lump sum cash payment for all sa|ary, earned unused vacation (the same as general employees) and other benefits available for general employees osuf the last day nf active employment.