2009/09/22 City Council Resolution 2009-101RESOLUTION NO. 2009-101
APPROVING AND AUTHORIZING EXECUTION OF THE
FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN CITY OF ROHNERT PARK AND DANIEL SCHWARZ
WHEREAS, on October 14, 2008, the City Council adopted Resolution No. 2008 -165
Approving and authorizing execution of an Employment Agreement between the City of Rohnert
Park and Daniel Schwarz for Interim City Manager Services;
WHEREAS, on August 25, 2009, the Interim City Manager Schwarz indicated by
memorandum his intention to contribute an additional 7% toward the cost of funding his pension
through the California Public Employees Retirement System (Ca1PERS) effective September 1,
2009, thereby reducing his salary by 7 %; and
WHEREAS, accordingly, the City Council desires to amend the employment agreement
with Daniel Schwarz to reflect his voluntary election to contribute towards the cost of funding his
pension through CalPERS.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rohnert
Park approves the attached First Amendment to Employment Agreement between the City of
Rohnert Park and Daniel Schwarz.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 22" d day of September, 2009.
CITY OF ROHNERT PARK
and A.
Mayor
BELFORTE: AYE
CALLINAN: AYE
MACKENZIE: AYE
STAFFORD: ABSENT
BREEZE: AYE
AYES:
(4) NOES:
(0) ABSENT:
(1) ABSTAIN:
(0)
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
between
CITY OF ROHNERT PARK AND DANIEL SCHWARZ
1. PARTIES AND EFFECTIVE DATE
The parties to this First Amendment to Employment Agreement are the CITY OF ROHNERT
PARK, a municipal corporation ( "City ") and DANIEL SCHWARZ ( "Employee "). The City and
Employee are sometimes individually referred to as a "Party" and collectively as "Parties." The
effective date of this First Amendment is September _, 2009 ( "Effective Date ").
2. PURPOSE
The Parties have previously entered into an Employment Agreement effective as of October 1,
2008 ( "Employment Agreement "). The City and Employee do hereby desire to amend the
Employment Agreement as set forth below.
3. AMENDMENT
Section 4.(b) of the Employment Agreement is hereby amended to read as follows:
"(b) City will provide Employee with the same holidays, sick leave and long term
disability benefits, retirement benefits, insurance benefits including but not limited to life, health
and dental coverage, vacation and administrative leave in the same manner provided to him as
Assistant City Manager, except as otherwise provided in this Section 4.(b). City and Employee
hereby acknowledge that pursuant to Section 5.23(d) of the Outline of Certain Conditions of
Employment Fringe Benefits and Salary Adjustment for the Management Unit, dated May 27,
2008 ( "Outline "), Employee is obligated to contribute one percent (1 %) of the City's "employer"
contribution to the California Public Employees' Retirement System ( "CaIPERS ") for the benefit
of Employee. Notwithstanding the foregoing, Employee has voluntarily elected to contribute an
additional seven percent (7 %) of the City's "employer" contribution into CaIPERS for the benefit
of Employee effective September 1, 2009 through the termination of this Employment
Agreement."
4. RATIFICATION
Except as specifically modified herein, all remaining terms and obligations set forth in
the Employment Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the City has caused the First Amendment to be signed and
executed on its behalf by its Mayor. It has also been executed by the Employee on the Effective
Date.
CITY OF ROHNERT PARK
By:
Arnie Breeze
Mayor
EMPLOYEE
By:
Daniel Schwarz
APPROVED AS TO FORM:
Michelle Marchetta Kenyon
City Attorney
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