2021/04/27 City Council Resolution 2021-043 RESOLUTION NO. 2021-043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE FIFTH 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, 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;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Fifth 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 27th day of April, 2021.
C Y F OHNERT PARK
Gerard dice, Mayor
ATTEST:
�r
Sylvia Lopez Cuevas, City Clerk
Attachments: Exhibit A
ADAMS: LINARES: STAFFORD: ELWARD: GIUDIC
ES: ( ) N S: ( �) ABSE ( �) ABSTAIN ( �)
EXHIBIT “A”
FIFTH 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 April 29, 2021.
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 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. 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. 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. On November 24, 2019, the City entered into a Fourth
Amendment to Employment Agreement with Don Schwartz to modify the compensation
provision of the Employment Agreement.. The Employment Agreement as amended by the
First Amendment to the Employment Agreement, Second Amendment to Employment
Agreement, Third Amendment to the Employment Agreement and Fourth Amendment to the
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 2
TERM.
The term of this Agreement shall be from the 29th day of April, 2021 through the 29th
day of April 2025, 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 Fifth Amendment consists of pages 1 through 2 inclusive and constitutes
the entire understanding and agreement of the parties and supersedes all negotiations or
Schwartz Fifth Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 2
Page 2 of 2
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
By:_____________________________
Darrin Jenkins,
City Manager
Dated:___________________________
Per Reso. No. 2019-___ adopted______.
EMPLOYEE
By:______________________________
Don Schwartz
Dated:___________________________
APPROVED AS TO FORM:
By:__________________________
Michelle Marchetta Kenyon
City Attorney
Attest:
By: __________________________
City Clerk