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12-84 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 12-84 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 SECOND 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 Second 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 11th day of December, 2012. Ray Smith, ayor ATTEST TO: I . = Amy Piukan , TRMC 9l''! ORIGINAL Contract No. SECOND AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA This SECOND AMENDMENT TO TEMPORARY EMPLOYEE AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS AND MICHAEL S. BULLA (the "Second Amendment") is made and entered into the 11th day of December, 2012 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 entered into that certain First Amendment to Temporary Employment Agreement, dated January 25, 2011 (the "Agreement"); and WHEREAS, Employer and Employee desire to amend Section 2 (Term), Section 3 (Consideration) and Exhibit A (Services) 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 three years, 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: "2. Term. The term of this Agreement will commence with the date of execution of the Agreement by both parties and continue until December 31, 2013, 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 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 1 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 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: "3. 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 Six Hundred Fifty and No/100 Dollars ($3,650.00). 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 $0.555/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. Amendment to Exhibit A (Services). Paragraph 2 of Exhibit A of the Agreement is hereby amended to include the following: • Custer Road Pump Station Expansion • 2nd Water Line from Custer Road Pump Station + Westside Utilities (Water and Sewer) • Preston Lakes Remediation and Hike & Bike Trail • Windmill Playground Restrooms • Assist in preparation and adoption of a 5 year CIP Plan • Prepare a 5 year CIP Plan Project Book Management of CIP Projects prioritized by the Town Council 4. Counterparts. This Second 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 Second Amendment. 5. 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. SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 2 6. 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. 7. Entire Agreement. This Second Amendment, 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 Second Amendment may only be amended by written agreement executed by the parties hereto. 8. Venue. This Second 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. 9. 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 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. 10. Effective Date. This Second Amendment shall be effective as of December 24, 2012. TEMPORARY EMPLOYEE Michael * Bulli Date: I ZI Il It'Y Designated Address for Notice: 7205 Sonoma Valley Drive Frisco, Texas 75035 Ly[e-- 3res%►er, Interim Town Manager Date: m \ \ \1 Designated Address for Notice: P. O. Box 307 Prosper, Texas 75078 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 3 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2012, by MICHAEL S. BULLA, and he executed said instrument for the purposes and consideration therein expressed. 4 AMY MELINDA PIUKANA { MY COMMISSION EXPIRES JanuaryS, 2013 . .. --I;- I Notary Publi;Stale of Texas STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the jI _ day of 2012, by LYLE DRESHER, Interim Town Manager of the Town of Prosper, and he executed said instrument for the purposes and consideration therein expressed. Notary Public, 8,Vadof Texas Lo"-' AMY PIUKANA My Commission ExpiresJanuary 8, 2017 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Page 4