2019/11/26 City Council Resolution 2019-149RESOLUTION NO. 2019.149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE FOURTH 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;
WIIEREAS, on April 30,2017, the City entered into a Third Amendment to
Employment Agreement with Don Schwartz to modify the resignation and termination, and
compensation and benefits, provisions of the Employment Agreement;
\ilHEREAS, 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 Fourth 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 "4," 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 26th day of Novemb er, 2019 .
CITY OF RO PARI(
Gina
ATTEST:
Buergler, City Clerk
Attachment: Exhibit A
f?t"¿
ADAMS: ATIT TT,IACKENZIE: A\¿ ''..+AFFoRD: AV¿ GALLTNAN: 4Y¿ *u""o*t",.&b4*^.1-
nYEs: (fr ) NOES: (O ) ABSENT: ( | ) ABSTAIN: (O )
EXHIBIT "A''
FOURTH AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND DON SCHWARTZ
1. PARTIES AND EFFECTIVE DATE
The parties to this Fourth Amendment to Employment Agreement ("Fourth
Amendment") are the City of Rohnert Park ("City") and Don Schwartz ("Employee"). The
effective date of this Fourth Amendment shall be November 24,2019.
2. PURPOSE
The parties have previously entered into an Employment Agreement between City of
Rohnert Park and Don Schwartz ("Employment Agreement") effective as of April 30,2014.
On October 1,4,20I4,the City entered into a First Amendment to Employment Agreement with
Don Schwartz to modifii the compensation and benefits provisions of the Employment
Agreement. On March 28,2017, the City entered into a Second Amendment to Employment
Agreement with Don Schwartz to modifu the term of the Employment Agreement. On April
30,2017,the City entered into a Third Amendment to Employment Agreement with Don
Schwartz to modiff the resignation and termination, and compensation and benefits, provisions
of the Employment Agreement. The Employment Agreement as amended by the First
Amendment to the Employment Agreement, Second Amendment to Employment Agreement,
and Third Amendment to the Employment Agreement shall be refered to as the o'Amended
Employment Agreement." The City and Employee hereby desire to amend the Amended
Employment Agreement as set forth below.
3. 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 5.5Yo increase from the previous year) effective
April30, 2017;5173,140.51 base salary (which represents a2.5o/o increase from
the previous year) effective the first day of the first pay period which includes
July 1, 2018;5177,469.02base salary (which represents a2.5o/o increase from
the previous year) effective the first day of the first pay period which includes
July 1, 2019;5196,092 base salary (which represents a 10.5o/o increase from the
prior increase in July 2019) effective November 24,2019;5201,974.75 base
Schwartz Fourth Amendment to Employment Agreement
City of Rohnert Park
Page2 of2
salary (which represents a3.Ùyo increase from the previous year) effective the
first day of the first pay period which includes July 1, 2020.
4. GENERAL PROVISIONS
A. This Fourth Amendment consists of pages 1 through 2 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 Fourth 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.
CITY OF ROHNERT PARK
B
Danin Jenkins,
City Manager
Dated:
Per Reso. No. 2019-adopted
EMPLOYEE
By:
Don Schwartz
APPROVED AS TO FORM
By
Michelle Marchetta Kenyon
City Attorney
Attest:
By:
City Clerk
Page? of2