HomeMy WebLinkAboutContract 1579-3 FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER
by and between
the
CITY OF CATHEDRAL CITY
and
CHARLES McCLENDON
Dated March 14 , 2018
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FOURTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Fourth Amendment to Employment Agreement for the Position of City Manager
("Fourth Amendment") is made and entered into and is effective this 14th day of March
2018, by and between the CITY OF CATHEDRAL CITY, a California municipal corporation,
("CITY") and CHARLES McCLENDON, an individual, ("EMPLOYEE") (hereinafter CITY
and McCLENDON may be jointly referred to as the "Parties") on the following terms and
conditions:
RECITALS
A. The Parties entered into that Employment Agreement for the Position of City
Manager ("Employment Agreement") on January 22, 2014. The Employment Agreement
was last amended on February 24, 2016, by the 3rd Addendum to Employment Agreement
("Third Amendment").
B. The purpose of this Fourth Amendment is to amend Sections 4.a "Salary"to
provide EMPLOYEE with a 3% cost of living increase to his base salary, and 4.c"Deferred
Compensation"to increase CITY's contribution to EMPLOYEE'S Deferred Compensation
plan by $10,000 per year.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,the
Parties do hereby enter into this Fourth Amendment which modifies and amends the
Agreement and Amendments, as follows:
1. Section 4 Employee Compensation. Section 4.a. "Salary" of the
Employment Agreement is amended to read as follows:
"4.a. Salary. Employee shall be paid an annual base salary of$218,160.
Payments shall be made in accordance with the City's normal payroll practices and
procedures. Employee's salary may be adjusted at the sole discretion of the City Council.
Any increase or decrease is not effective until the Parties draft and sign an amendment to
this Agreement that states the new annual base salary and the effective date of that new
salary which is adopted by the City Council at a duly noticed public meeting. If the
Employee possesses a Master's Degree he is entitled to an educational stipend equal to
five-percent (5%) of base salary pursuant to the Executive Policy, which is subject to
change at the discretion of the City Council.
"4.c. Deferred Compensation. Employee shall be eligible to participate in a
joint contribution deferred compensation (457) plan selected by Employee from providers
offered by the City. The City will make a prorated payment per pay period equally to the
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annual contribution to the plan in the same year equal to $16,200.00, provided such
contribution payment, when combined with EMPLOYEE's contribution, does not exceed
the maximum before tax contribution allowed by law. Employee will make a matching
contribution of a minimum of$1,200 annually.
GENERAL PROVISIONS
2. Remainder Unchanged. Except as specifically modified and amended in
this Fourth Amendment, the Agreement and prior Amendments remain in full force and
effect and binding upon the Parties.
3. Integration. This Fourth Amendment consists of pages 1 through 3
inclusive, which constitute the entire understanding and agreement of the Parties and
supersedes all negotiations or previous agreements between the Parties with respect to all
or any part of the transaction discussed in this Fourth Amendment.
4. Effective Date. This Fourth Amendment shall not become effective until the
date it has been formally approved by the City Council and executed by the appropriate
authorities of the CITY and by McCLENDON.
5. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Fourth Amendment.
6. References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Fourth Amendment have the same
meaning as provided in the Agreement and prior Amendments, unless expressly stated to
the contrary in this Fourth Amendment.
IN WITNESS WHEREOF,the Parties hereto have executed this Fourth Amendment
on the date first indicated above.
CITY OF CATHEDRAL
Stan Henry
Mayor
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Charles McClendon, City Manager
ATTEST: APPROVED A TO - •RM:
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Gary F. Howell, City Clerk Eric S. ail, City Attorney
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