2017/03/28 City Council Resolution 2017-033RESOLUTION NO. 2017-033
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SECOND AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND DON SCHWARTZ FOR
ASSISTANT CITY MANAGER SERVICES
WHEREAS, on April 30, 2014, the City entered into an Employment Agreement with
Don Schwartz ("Employment Agreement") to retain his services as the Assistant City Manager;
WHEREAS, the City and Don Schwartz desire to amend the Employment Agreement to
modify the terms and conditions of Don Schwartz's employment as Assistant City Manager to
extend the term of the agreement to April 29, 2021;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Second Amendment to the Employment Agreement between
the City of Rohnert Park and Don Schwartz for Assistant City Manager Services in substantially
the same form attached hereto as Exhibit "A," which is incorporated herein by this reference.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 28th day of March, 2017.
CITY OF ROHNER7)
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Jake Mac] enzie, Ma
ATTEST:
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Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AHANOTU: BELFORTE: CALLINAN: „ STAFFORD: A
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Exhibit A
SECOND AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND DON SCHWARTZ
1. PARTIES AND EFFECTIVE DATE
The parties to this Second Amendment to Employment Agreement ("Second
Amendment") are the City of Rohnert Park ("City") and Don Schwartz ("Employee"). The
effective date of this Second Amendment shall be March 28, 2017.
2. PURPOSE
The Employment Agreement between City and Don Schwartz dated April 30, 2014
("Original Agreement"), as amended by the First Amendment to Employment Agreement dated
October 14, 2014 ("First Amendment"), expires on April 29, 2017, and both parties hereby
desire to amend the Employment Agreement as set forth below. The Original Agreement as
amended by the First Amendment shall be known as the "Employment Agreement."
3. AMENDMENT
A. Section 2 of the Employment Agreement is hereby modified to read in its
entirety as follows:
2. TERM.
The term of this Agreement shall be from the 30th day of April, 2014 through the
29°i day of April, 2021, or until terminated by either party in accordance with the
provisions set forth in Paragraph 3 or by the event of the death or permanent
disability of Employee.
4. GENERAL PROVISIONS
A. This Second Amendment consists of pages 1 through 2 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 terms discussed
in this Second Amendment.
B. Except as specifically modified herein, all remaining terms and
obligations set forth in the Employment Agreement between the City of Rohnert Park and
Employee shall remain in full force and effect.
Schwartz -Second Amendment to Employment Agreement EXHIBIT A
City of Rohnert Park
Page 2 of 2
Approved as to form:
By;
City Attorney
Attest:
By:
City Clerk
CITY OF ROHNERT PARK
By:
Darrin Jenkins,
City Manager
Dated:
Per Reso. No. 2017-_ adopted.
EMPLOYEE
By: — -
Don Schwartz
ID.itcd:
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