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11-006 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 11-006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE THE FIRST AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA FOR PROJECT MANAGEMENT OF BOND FUNDED PROJECTS. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, the First Amendment to Temporary Employee Agreement between the Town of Prosper, Texas and Michael S. Bulla for Project Management of Bond Funded Projects, as hereto attached. SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 25`h day of January, 2011. i I - � Ray Smitt, , Mayor ATTEST TO: ��►�1q.®F..�',d� C •+� Mfit1fiew f -.'Denton, -TkMC Town Secretary i� a auuvoon.• ��. o�01��I FIRST AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA This FIRST AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA (the "First Amendment") is made and entered into the 25th day of January, 2011 by and between the TOWN OF PROSPER, TEXAS, a municipal corporation (the "Employer") and MICHAEL S. BULLA (the "Employee") on the terms and conditions set forth below. WITNESSETH: WHEREAS, Employer and Employee entered into that certain Temporary Employment Agreement, dated January 23, 2009 (the "Agreement"); and WHEREAS, Employer and Employee desire to amend Section 2 (Term) and Section 3 (Consideration) of the Agreement by extending the term and updating the consideration of this Agreement. WHEREAS, based on Employee's accomplishments and performance within the past year, Employer finds and determines that it is in the best interest of the Town of Prosper, Texas and its citizens to amend the Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1. Amendment to Section 2 (Term. Section 2 of the Agreement is hereby amended to read as follows: 4c2. Term. The term of this Agreement will commence with the date of execution of the Agreement by both parties and continue until December 31, 2012, or until terminated earlier as provided herein. This Agreement may be renewable for an additional one year term if agreed to by both parties. This Agreement may be terminated by either party at any time with or without cause by giving fourteen (14) days written notice of termination to the other party. Such termination shall not prejudice any remedy that the terminating party may have at law or in equity. In the event of the termination of this Agreement prior to the completion of the term of the Agreement specified above, the Temporary Employee shall be entitled to the compensation earned by the Temporary Employee prior to the date of termination as provided for in this Agreement. The Temporary Employee shall be entitled to no further compensation after the date of termination. The parties hereto agree that the relationship between the parties is at -will, and that this document does not change the at - will status of Temporary Employee during his employment, but is only intended to reflect conditions of employment and FIRST AMENDMENT TO EMPLOYMENT AGREEMENT Page 1 587773.v1 responsibilities of Temporary Employee during the time he is employed with the Town." 2. Amendment to Section 3 (Consideration). Section 3 of the Agreement is hereby amended to read as follows: 643. Consideration. The Town agrees to pay the Temporary Employee every two weeks a rate as follows: The Town will pay the Temporary Employee in U.S. dollars every two weeks a rate of Three Thousand Three Hundred Fifty and No/100 Dollars ($3,500.00). The Town also agrees to pay the Temporary Employee mileage associated with the Services provided pursuant to this Agreement at the rate established by the Internal Revenue Service, currently $0.51/mile. All payments to the Temporary Employee are to be paid from the Town's Certificate of Obligations Bond Funds. The Temporary Employee agrees to accept such amounts as full payment for Services provided pursuant to this Agreement. No further consideration shall be paid by either party." 3. Counterparts. This First Amendment may be executed in a number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one First Amendment. 4. Controlling Agreement. To the extent any provision contained herein conflicts with the Agreement, the provisions contained herein shall supercede such conflicting provisions contained in the Agreement. 5. Defined Terms/Ratification of Agreement. Any term not defined herein shall be deemed to have the meaning ascribed to it under the Agreement. Except as expressly amended hereby, all of the terms, provisions, covenants and conditions of the Agreement are hereby ratified and confirmed and shall continue in full force and effect. 6. Entire AUeement/First Amendment. This First Amendment and the Agreement embody the entire agreement between the parties regarding the subject matter hereof. There are no oral understandings or agreements between the parties regarding the subject matter hereof. This First Amendment may only be amended by written agreement executed by the parties hereto. 7. Venue. This First Amendment shall be governed by and construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. 8. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or FIRST AMENDMENT TO EMPLOYMENT AGREEMENT Page 2 587773.v1 entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. 9. Effective Date. This First Amendment shall be effective as of January 25, 2011. TEMPORARY EMPLOYEE al'Qllzyr-� Michael 1. Sul Date: t . ► I Designated A dr ss for Notice: 7205 Sonoma Valley Drive Frisco, Texas 75035 THE STATE OF TEXAS § COUNTY OF COLLIN § 11011,101 Manager Date: Designatdd Address for Notice: P. O. Box 307 Prosper, Texas 75078 This instrument was acknowledged before me on the � day of , 2011, by MICHAEL S. BULLA, consideration therein expressed. ,,skRxP.,y HULON T. WEBB JR. =�' _ Notary Public, State of Texas ` My Commission Expires March 30, 2011 and he executed said instrument for the pu oses and Notary Public, Stat f Texas STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the A-"2' day of S , 20115 by MIKE LAND, Town Manager of the Town of Prosper, and he executed sad instrument for the purposes and consideration therein expressed. a�"�'+►o`; ; CHRISTOPHER SCOTT COPPLE +° Notary Public, State of Texas a ; My Commission Expires Notary Publiqo9rate of Texas ofP"r;�'�T March 30, 2011 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT Page 3 587773.v1