HomeMy WebLinkAboutContract 1579-7 0-
SEVENTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER
by and between
the
CITY OF CATHEDRAL CITY
and
CHARLES McCLENDON
Dated: June 14, 2023
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SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Seventh Amendment to Employment Agreement for the Position of City
Manager("Seventh Amendment") is made and entered into and is effective this 14th day of
June 2023, by and between the CITY OF CATHEDRAL CITY, a California charter city,
("City") and CHARLES McCLENDON, an individual, ("Employee") (hereinafter City and
Employee 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
has been amended numerous time, and was last amended on August 10, 2022, by the
Sixth Amendment to Employment Agreement, inclusive ("Prior Amendments").
B. The purpose of this Seventh Amendment is to amend Section 4.a "Salary"to
provide for a 3% cost of living adjustment to Employee's base salary commencing of July 1,
2023 and a subsequent 3% cost of living adjustment commencing January 1, 2024, and to
amend Section 4.c"Deferred Compensation" to provide Employee with an increase to the
CITY's annual contribution to Employee's deferred compensation plan.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,the
Parties do hereby enter into this Sixth Amendment which modifies and amends the
Agreement and Amendments, as follows:
1. Amendments
a) Section 4.a. Salary. 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 $233,886
commencing July 1, 2023, which annual base salary shall increase to
$240,704 commencing January 1, 2024. 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.
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b) Section 4.c. Employee Compensation. Section 4.c. "Deferred
Compensation" of the Employment Agreement is amended to read as
follows:
"4.c. Deferred Compensation. Employee shall be eligible to participate in
a deferred compensation (457) plan selected by Employee from providers
offered by the City. The City will make, on an annual basis, prorated per pay
period, a total contribution of $30,000, subject to any applicable IRS rules
and regulations. Employee may make additional contributions as allowed by
the selected plan and by applicable IRS rules and regulations.
2. General Provisions: The following general provisions shall apply.
a) Remainder Unchanged. Except as specifically modified and amended in
this Seventh Amendment, the Agreement, inclusive of the Past Amendments,
remains in full force and effect and binding upon the Parties.
b) Integration. This Seventh Amendment consists of pages 1 through 4
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
Seventh Amendment.
c) Effective Date. This Seventh 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.
d) Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Seventh Amendment.
e) References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Sixth Amendment
have the same meaning as provided in the Agreement and prior
Amendments, unless expressly stated to the contrary in this Sixth
Amendment.
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[SIGNATURES ON PAGE 4]
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IN WITNESS WHEREOF, the Parties hereto have executed this Sixth Amendment
on the date first indicated above.
CITY OF C HED L
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Rita Lamb, Mayor
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Charles McClendon
ATTEST: APPROVED AS TO F M:
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Tracey Her)nosillo, City Clerk Eric S. Vail, City Attorney
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