2021/06/22 City Council Resolution 2021-078 RESOLUTION NO. 2021-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SIXTH 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; and
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;and
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;
and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, on April 29, 2021, the City entered into a Fifth Amendment to Employment
Agreement with Don Schwartz to modify the term of the Employment Agreement; and
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 Sixth 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 •1 t' of the City of Rohnert
Park this 22nd day of June, 2021.
CITY(' 't. !.1.%PARK
Avg"
Crgsaice, Mayor
ATTEST:
Sylvia Lope evas, City Clerk
Attachments: Exhibit A
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EXHIBIT “A”
SIXTH AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND DON SCHWARTZ
1. PARTIES AND EFFECTIVE DATE
The parties to this Sixth Amendment to Employment Agreement (“Sixth Amendment”)
are the City of Rohnert Park (“City”) and Don Schwartz (“Employee”). The effective date of
this Sixth Amendment shall be June 6, 2021.
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.
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. On April 29, 2021, the City entered into a Fifth 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,
Second Amendment to Employment Agreement, Third Amendment to Employment Agreement,
Fourth Amendment to Employment Agreement and Fifth 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 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: $209,043.88 base
salary (which represents a 3.5% increase from the previous year) effective June 6,
2021; $213,224.75 base salary (which represents a 2% increase from the previous
year) effective the first day of the first pay period which includes July 1, 2022;
$218,555.37 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, 2023;
Schwartz Sixth Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 2
Page 2 of 2
$225,112.03 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, 2024.
4. GENERAL PROVISIONS
A. This Sixth 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 Sixth
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. 2021-___ adopted______.
EMPLOYEE
By:______________________________
Don Schwartz
Dated:___________________________
APPROVED AS TO FORM:
By:__________________________
Michelle Marchetta Kenyon
City Attorney
Attest:
By: __________________________
City Clerk