HomeMy WebLinkAboutContract 1579-4 FIFTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER
by and between
the
CITY OF CATHEDRAL CITY
and
CHARLES McCLENDON
Dated May 26, 2021
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FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Fifth Amendment to Employment Agreement for the Position of City Manager
("Fifth Amendment") is made and entered into and is effective this 26th day of May 2021, 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 March 14, 2018, by the Fourth Amendment to Employment
Agreement ("Prior Amendments").
B. The purpose of this Fifth Amendment is to amend Sections 4.a "Salary" to
provide EMPLOYEE with a four percent (4%) increase to his base salary.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
Parties do hereby enter into this Fifth 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 $226,886.
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.
2. General Provisions: The following general provisions shall apply.
a) Remainder Unchanged. Except as specifically modified and amended in
this Fifth Amendment, the Agreement, inclusive of the Past Amendments,
remains in full force and effect and binding upon the Parties.
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b) Integration. This Fifth 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 Fifth
Amendment.
c) Effective Date. This Fifth 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. Once duly
executed by the Parties, the Fifth Amendment shall take effect on July 1,
2021.
d) Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Fifth Amendment.
e) References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Fifth Amendment have
the same meaning as provided in the Agreement and prior Amendments,
unless expressly stated to the contrary in this Fifth Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this Fifth Amendment
on the date first indicated above.
CITY OF CATHEDRAL
f I lI
Ra •id Cre• . Mayor
All i
Charles McClendon, City Manager
ATTEST: APPROVED AS TO FORM:
Tracy Mattinez, City Clerk Eric S. Vail, City Attorney
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