STATE OF TEXAS

COUNTY OF RANDALL
COUNTY OF POTTER

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EMPLOYMENT AGREEMENT
This Agreement is by and between the City of Amarillo, Texas, acting by and through its City
Council ("Employer") and Jared H. Miller, ("Manager"). The parties agree as follows:
Purpose.
The purpose of this Agreement is to set forth the expectations of and benefits to be provided to
Jared H. Miller while he serves as City Manager of the City of Amarillo.
1.

2.
Term.
This Agreement is for an indefinite term of employment. It does not create and shall not be
construed as creating an agreement to employ for any specific period of time. The parties agree that
this Agreement does not alter the at-will status of the Manager's employment. The provisions of
this agreement, as may be amended, apply for the duration of Mr. Jared H. Millers employment.
3.
Duties and Authority.
Employer agrees to employ Jared H. Miller as City Manager to perform all customary and usual
functions and duties of the position of City Manager, including but not limited to those specified by
state law; City Charter; any applicable City ordinances, resolutions, and policies; and such other
duties as may be prescribed by the City Council from time to time. Subject to the direction of the
majority of the City Council, the City Manager shall have full administrative and managerial
control over the daily operations of the municipal organization, including personnel, equipment,
facilities, and programs.
4.
Compensation & Benefits.
Employer agrees to pay Manager an initial annual base salary of Two Hundred Thirty Thousand
and no/100 Dollars ($230,000.00), payable in installments at the same time that the other city
employees are paid. This Agreement is deemed to be automatically amended to reflect any salary
adjustments that are provided by the Employer. Compensation shall be reviewed on an annual
basis.
In addition to salary, the following benefits will be paid by the Employer to the Manager. Where a
benefit is stated as an annual sum, it shall be paid in installments at the same time each salary
payment is made, unless otherwise agreed by manager and Employer.
A. Deferred Compensation.
A.
The Employer agrees to deposit in its 457 Plan an amount equal to six percent (6%)
of Employees base salary to the 457 Plan on the employees behalf on a pay period basis.
The Manager is solely responsible for investment decisions under the 457 Plan, fees, taxes,
losses and gains as may arise from participation in such Plan.
B.
Automobile Allowance. The Employer agrees to pay the Manager the annual sum of
Nine Thousand Six Hundred and no/100 Dollars ($9,600.00), as such may be amended in
the future by the Employer to be used to purchase, lease, or own a personal vehicle that may

also be used for business purposes. The Manager is responsible for paying for liability,
property damage, and comprehensive insurance coverage on such vehicle and shall further
be responsible for all costs attendant to purchase, operation, maintenance, repair, and
replacement of such vehicle.
C. Communication Stipend. The Employer agrees to pay the Manager a
communications stipend in the amount of Nine Hundred and no/100 ($900.00) per
year, payable at the same time and in the same manner as such stipend is paid to
employees, in order to purchase, lease, or own a personal cell phone that may also
be used for business purposes. Such phone must be capable of full data services,
including but not limited to internet and email access.
D. TMRS Contributions. The Employer agrees to execute all necessary agreements
provided by the Texas Municipal Retirement System for the Citys participation in
said retirement plan, and in addition to the base salary paid by the Employer to the
Manager, the Employer agrees to pay the full contribution, not to exceed twentyone (21%) percent of Employees salary into the system on Employees behalf, in
equal proportionate amounts each pay period, and to transfer ownership to
succeeding employers upon Employees resignation or discharge.
5.
Business Expenses. The Finance Director is authorized to pay the following
expenses in advance or to reimburse Manager for such expenses, upon receiving duly
executed receipts, vouchers, statements, or personal affidavit. Employer agrees to budget
for and to pay:
Professional dues and subscriptions of the Manager necessary for his
continuation and participation in national, state, regional, and local associations and
organizations necessary and desirable for the Manager's continued professional
growth and for the good of the Employer.
(1)

Reasonable and necessary costs of travel and subsistence expenses of the

Reasonable and necessary costs of general expenses of a non-personal but

(4)
Employer acknowledges the value it receives by having Manager participate
and be directly involved in the activities described above, as well as participation in
local civic clubs. Accordingly, Employer shall also pay for reasonable membership
dues for Manager to become an active member in local clubs or organizations, as and
to the extent the Manager may desire.
5.

Other Benefits.
A.
Manager shall be entitled to all benefits accorded to other City employees, including
but not limited to, vacation, sick leave, and others. The City agrees to provide
hospitalization, surgical, dental, life and comprehensive medical insurance as accorded to
other City employees for Employee and his dependents, and to pay the full amount of
premiums thereon.

B.
To the extent allowed by law, the Employer shall provide both a defense and
indemnity to the Manager against all claims, suits, demands, causes of action, attorney fees,
penalties, fines, and interest that arise out of or relate to the Manager's performance of this
Agreement (whether by act or omission) in his official capacity; provided however, that
grossly negligent, knowingly and intentional, or criminal misconduct is excluded.
C. Upon commencing Employment, Employee shall be provided and credited with ten (10)
days of vacation and ten (10) days of sick leave, which shall be immediately available for
use by Employee.
D.
Relocation Expenses. The Employer will also provide reimbursement to Employee,
upon verification of actual expense, of up to $10,000.00 to cover the cost of household
goods movement to Employees new principal physical residence in Amarillo. The
Employer will provide temporary housing allowance of up to $2,000.00 per month for a
maximum of two (2) months. If Employee relocates to his principal physical residence in
Amarillo prior to the expiration of two (2) months, the allowance will be paid only through
the month of relocation.
E.
Work Hours and Outside Employment.
It is recognized that the Manager must devote a great deal of time outside the normal office hours
on City business and, to that end:
a.

Manager shall be allowed to establish an appropriate work schedule.

b.
The employment provided for by this Agreement shall be the Manager's sole
employment unless otherwise approved by the City Council.
F.
Other Terms & Conditions.
The Employer may fix other terms and conditions of employment as it may determine from time to
time, relating to performance of Manager that are not inconsistent with this Agreement.
G.
Evaluation.
At or near the Manager's annual anniversary, the City Council and Manager shall meet in a closed
meeting (to the extent allowed by law) for the purpose of evaluating the performance of the
Manager. Such evaluation may be oral or written.
H.

Termination.

1. Termination without Cause: The City may terminate this Agreement at any time without cause.
For the purpose of this agreement, termination shall occur when:
a. The majority of the governing body votes to terminate the Employee at a duly
authorized public meeting;
b. The City reduces the base salary, compensation or any other financial benefit of the
Employee, unless it is applied in no greater percentage than the average reduction of all
department heads;

2. Termination for Cause: The City may terminate the Employee for cause. Such termination shall
require the majority vote of the City Council and shall be preceded by notice to Employee. For
purposes of this Agreement, cause shall include, without limitation, the following:
a. Misconduct in connection with the performance of any of Employees duties, including,
without limitation, misappropriation of funds or property of the City, securing or attempting
to secure any personal profit or commercial advantage in connection with any transaction
entered into by the City, any falsification or misrepresentation of fact, or any violation of
law or regulation to which the City is subject;
b. Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether
committed within or outside the scope of Employees employment hereunder.
3. Notice to the Employee of proposed termination: Employee shall be given written notice of the
Councils intent to terminate Employee and the date of a hearing to be conducted in an
executive session of the Council at least ten (10) calendar days prior to such hearing and
termination. Employee shall be given the opportunity to present evidence at the hearing in
response to such proposed termination. Employees failure to appear at such hearing does not
prohibit the Council from taking action to terminate Employee. Employee shall have the option
to request a public hearing.
4. Resignation by Employee. In the event Employee voluntarily resigns his position with the City
during the term of this Agreement, then Employee shall give the City 30 days notice in
advance, unless the parties agree otherwise in writing.
I.
Severance.
Severance shall be paid only as follows:
1. Termination without cause:
a. The City will pay Employee a lump sum cash payment for all base salary earned,
earned unused vacation (the same as general City employees), earned unused sick
leave (the same as general City employees), and other benefits that were earned but
unused as of the last day of active employment.
b. The City will pay the Employee a lump sum cash payment equal to nine (9) months
base salary. Thirty days (30) of severance will accrue following the completion of
each successive year of employment, up to a maximum severance payment of twelve
(12) months.
2. 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.
3. Resignation by Employee: The City will pay Employee a lump sum cash payment for all
salary earned, earned unused vacation (the same as general City employees), earned unused
sick leave (the same as general City employees), and other benefits that were earned but
unused as of the last day of active employment.

4. Any severance payment made, whether compulsory or voluntary under this Agreement, shall
be conditioned upon both Manager and Employer signing a mutual full release of claims
against the other.
11.
General Provisions.
This Agreement sets forth the entire understanding between the Employer and Manager relating to
the employment of the Manager by Employer. Any prior discussions or representations by or
between the parties are merged into and rendered null by this Agreement. The parties may amend
this Agreement by mutual agreement in writing. This Agreement is intended to be binding on
Employer and Manager and their assigns, successors, heirs, executors, and beneficiaries. The
invalidity or partial invalidity of this Agreement shall not affect the validity of the remainder of
the Agreement, and such remainder shall be deemed to be in full force and effect as if they had
been separately executed by the parties.
12.
Effective Date.
This Agreement shall be effective upon the first day of Managers service hereunder, which shall
be on or before February 20, 2017.
The parties have executed this Agreement on this __________ day of January 2017.

CITY OF AMARILLO

CITY MANAGER

________________________________
Paul Harpole, Mayor

_________________________
Jared H. Miller

ATTEST:

______________________________
Frances Hibbs, City Secretary

APPROVED AS TO FORM:

______________________________
William M. McKamie, City Attorney