HomeMy WebLinkAboutContract - 04/24/2024 - 1579-8 a:
• L sY
I i • i
by and between
the
•' A 1 A
and
EIGHTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Eighth Amendment to Employment Agreement for the Position of City
Manager ("Eighth Amendment") is made and entered into this 24th day of April 2024, 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 June 14, 2023, by the
Seventh Amendment to Employment Agreement, inclusive ("Prior Amendments").
B. The purpose of this Eighth Amendment is to amend Section 4.a "Salary" to
establish a new base salary for Employee effective the first full pay period following July
1, 2024 in recognition of Employee's valued service and based on comparable salaries
provided to city manager and general manager of public entities in the Coachella Valley.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,
the Parties do hereby enter into this Eighth 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 $280,000
effective and commencing the first full pay period following July 1, 2024
("Base Salary"). 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 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("Adjusted Base Salary"), which is subject to change at
the discretion of the City Council.
2
2. General Provisions: The following general provisions shall apply.
a) Remainder Unchanged. Except as specifically modified and amended in
this Eighth Amendment, the Agreement, inclusive of the Past Amendments,
remains in full force and effect and binding upon the Parties.
b) Integration. This Eighth 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
Eighth Amendment.
c) Effective Date. This Eighth 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 Eighth Amendment.
e) References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Eighth Amendment
have the same meaning as provided in the Agreement and Prior
Amendments, unless expressly stated to the contrary in this Eighth
Amendment.
IN ITNESS HEREOF, the Parties hereto have executed this Eighth
Amendment on the date first indicated above.
CITY OF C . THED- ' L E P 'YEE
{
i ,
-„,
,L.,,/,,\ LA - ____
-
Mark 4.rnev e, Mayor Charles P. McClendon
ATTEST: APPROVED AS Da FORM:
,
,z-
Tracey R. Hermosillo, City Clerk Eric S. Vail
3