2017/05/09 City Council Resolution 2017-056RESOLUTION NO. 2017-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE THIRD AMENDMENT TO THE EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROHNERT PARK AND DON SCHWARTZ FOR
ASSISTANT CITY MANAGER SERVICES
WHEREAS, on April 30, 2014, City entered into an Employment Agreement with Don
Schwartz ("Employment Agreement") to retain his services as the Assistant City Manager;
WHEREAS, on October 14, 2014, the City entered into a First Amendment to
Employment Agreement with Don Schwartz to modify the compensation and benefits provisions
of the Employment Agreement;
WHEREAS, on March 28, 2017, the City entered into a Second Amendment to
Employment Agreement with Don Schwartz to modify the term of the Employment Agreement
WHEREAS, the City and Don Schwartz desire to further amend the Employment
Agreement to modify the terms and conditions of Don Schwartz's employment as Assistant City
Manager;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Third Amendment to 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 91h day of May, 2017.
CITY OF ROHNERT PARK
Jake ackenzie, Mayor
ATTEST:
ea&tnr
jaLQ11A
Caitlin Saldanha, Deputy City Clerk
Attachment: Exhibit A
AIMNOTU: e B LFORTE: CALLINAN:S,'I,
Al,,O,: MACKENZIE:
AYES: ( 5 ) NOES: ( C) ABSENT: ( 0) ABSTAIN: (0 )
EXHIBIT "A"
THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND DON SCHWARTZ
1. PARTIES AND EFFECTIVE DATE
The parties to this Third Amendment to Employment Agreement ("Third Amendment")
are the City of Rohnert Park ("City") and Don Schwartz ("Employee"). The effective date of
this Third Amendment shall be April 30, 2017.
2. PURPOSE
The parties have previously entered into an Employee Agreement between City of
Rohnert Park and Don Schwartz ("Employment Agreement") effective as of April 30, 2014.
On October 14, 2014, the City entered into a First Amendment to Employment Agreement with
Don Schwartz to modify the compensation and benefits provisions of the Employment
Agreement, and on March 28, 2017, the City entered into a Second Amendment to
Employment Agreement with Don Schwartz to modify the term of the Employment
Agreement. The Employment Agreement as amended by the First Amendment to the
Employment Agreement and Second Amendment to Employment Agreement shall be referred
to as the "Amended Employment Agreement." The City and Employee hereby desire to amend
the Amended Employment Agreement as set forth below.
3. AMENDMENT TO SECTION 3
(a) Section 3(d)(1) of the Amended Employment Agreement is hereby modified in its
entirety to read as follows:
3. RESIGNATION AND TERMINATION.
(d) Severance Benefits
(1) In the event Employee is terminated from employment without cause
while still willing and able to perform his duties under this Agreement,
then City agrees to pay Employee a lump sum cash payment equal to
two (2) months of his base monthly compensation. All payments
required under this Section 3(d)(1) are subject to and shall be
interpreted to comply with the limitations set forth in Government
Code Section 53260. In addition, City shall extend to Employee the
right to continue health insurance as may be required by and pursuant
to the terms and conditions of the Consolidated Omnibus Budget Act
of 1986 (COBRA).
Schwartz Third Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 3
(b) The following shall be added as Section 3(e) to the Amended Employment
Agreement:
3. RESIGNATION AND TERMINATION.
(e) Reimbursement to the City
(1) If this Agreement is terminated, any cash settlement related to the
termination that Employee may receive from the City shall be fully
reimbursed to the City if Employee is convicted of a crime involving
an abuse of his office or position as defined by Government Code
section 53243.4.
(2) If any express or implied provision of this Agreement, the Municipal
Code of the City, or any policy or practice of the City provide paid
leave salary to Employee pending an investigation, said paid leave
salary shall be fully reimbursed by the Employee to the City if
Employee is convicted of a crime involving an abuse of his office or
position as defined by Government Code section 53243.4.
(3) If any express or implied provision of this Agreement, the Municipal
Code of the City, or any policy or practice of the City provide for
payment of funds for the legal criminal defense of Employee, said
funds paid for his legal defense shall be fully reimbursed by Employee
to the City if Employee is convicted of a crime involving an abuse of
his office or position as defined by Government Code section 53243.4.
4. AMENDMENT TO SECTION 4
Section 4(c) of the Amended Employment Agreement is hereby modified in its entirety
to read as follows:
4. COMPENSATION AND BENEFITS.
(c) Employee shall be entitled to the following salary adjustments: $168,917.57
base salary (which represents a 5.5% increase from the previous year) effective
April 30, 2017; $173,140.51 base salary (which represents a 2.5% increase from
the previous year) effective the first day of the first pay period which includes
July 1, 2018; $177,469.02 base salary (which represents a 2.5% increase from
the previous year) effective the first day of the first pay period which includes
July 1, 2019; $182,793.09 base salary (which represents a 3.0% increase from
the previous year) effective the first day of the first pay period which includes
July 1, 2020.
Page 2 of 3
Schwartz Third Amendment to Employment Agreement
City of Rohnert Park
Page 3 of 3
4. GENERAL PROVISIONS
A. This Third Amendment consists of pages 1 through 3 inclusive and constitutes
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 Third Amendment.
B. Except as specifically modified herein, all remaining terms and obligations set
forth in the Amended Employment Agreement between the City of Rohnert Park and Employee
shall remain in full force and effect.
APPROVED AS TO FORM:
By:
Attest:
By: _
Michelle Marchetta Kenyon
City Attorney
City Clerk
CITY OF ROHNERT PARK
By:
Darrin Jenkins,
City Manager
Dated:
Per Reso. No. 2017
EMPLOYEE
By:
Don Schwartz
Dated:
Page 3 of 3
adopted