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2021/11/23 City Council Resolution 2021-135 RESOLUTION NO. 2021-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING EXECUTION OF SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND DARRIN JENKINS AND ADOPTING FIRST AMENDMENT TO THE CITY OF ROHNERT PARK RETIREE HEALTH REIMBURSEMENT ARRANGEMENT AND CITY OF ROHNERT PARK RETIREE HEALTH REIMBURSEMENT ARRANGEMENT APPENDIX WHEREAS,the City has employed Darrin Jenkins as its City Manager since December 1, 2013; WHEREAS, on November 13, 2018, City revised the City Manager's compensation and benefit package and entered into a new and restated Employment Agreement with Darrin Jenkins to retain his services as the City Manager and on July 13, 2021, City entered into a First Amendment to Employment Agreement between the City of Rohnert Park and Darrin Jenkins (hereinafter collectively referred to as "Employment Agreement"); and WHEREAS,the City and Darrin Jenkins desire to amend the Employment Agreement to provide for salary and benefit adjustments; and WHEREAS,the City desires to amend the City of Rohnert Park Retiree Health Reimbursement Arrangement and the City of Rohnert Park Retiree Heath Reimbursement Arrangement Appendix so that the City can provide the proposed retirement benefits; and WHEREAS, the City of Rohnert Park has fully complied with any and all applicable provisions of Government Code Section 7507 in amending the Retiree Health Reimbursement Arrangement and the City of Rohnert Park Retiree Heath Reimbursement Arrangement Appendix and providing the retirement benefits set forth in the Second Amendment to the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby authorizes the Mayor to execute the Second Amendment to Employment Agreement between the City of Rohnert Park and Darrin Jenkins in substantially the same form attached hereto as Exhibit"A," subject to minor changes approved by the City Attorney; and BE IT FURTHER RESOLVED, that the City Council of the City of Rohnert Park hereby approves the First Amendment to the City of Rohnert Park Retiree Health Reimbursement Arrangement and the City of Rohnert Park Retiree Health Reimbursement Arrangement Appendix attached hereto as Exhibit"B," which is incorporated herein by this reference. LA#4859-1194-6240 v10 DULY AND REGULARLY ADOPTED by the City •uncil of Rohnert Park this 23rd day of November, 2021. CITY I A)/ NERT PARK � // db.� Ger d Giudi -, ayor ATTEST: Elizabeth Macha o, Acting City Clerk - Attachments: Exhibit A and Exhibit B ADAMS: ALie LINARES: qui e STAFFORD: la e_ELWARD: P\L,{Q., GIUDICE:g _ AYES: (5 ) NOES: ( 15 ) ABSENT: ( 0 ) ABSTAIN. (0 ) LA#4859-1194-6240 v10 Resolution 2021-135 2 LA #4881-7798-0931 v2 FIRST AMENDMENT TO THE CITY OF ROHNERT PARK RETIREE HEALTH REIMBURSEMENT ARRANGEMENT (RHRA) ARTICLE I PREAMBLE 1.1 Adoption and effective date of amendment. The Employer adopts this Amendment to the City of Rohnert Park Retiree Health Reimbursement Arrangement (Retiree HRA) (“Plan”). The sponsor intends this Amendment as good faith compliance with the requirements of these provisions. This Amendment shall be effective on or after the date the Employer elects in Section 2.1 below. 1.2 Supersession of inconsistent provisions. This Amendment shall supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this Amendment. 1.3 Construction. Except as otherwise provided in this Amendment, any reference to "Section" in this Amendment only refers to sections within this Amendment, and is not a reference to the Plan. The Article and Section numbering in this Amendment is solely for purposes of this Amendment, and does not relate to any Plan article, section or other numbering designations. ARTICLE II ELECTIONS 2.1 Effective Date. The provisions of this Amendment, unless otherwise indicated, are effective January 1, 2022. 2.2 Account Credit. Account Credit means $500.00 credited to a Participant’s Retiree Health Care Account beginning the first month following retirement from the City and continuing until Medicare eligible or death, whichever occurs first. ARTICLE III ELIGIBILITY AND PARTICIPATION 3.1 Eligibility Requirements. At the time of the Employee’s Termination of Employment, the Employee must be identified on the Appendix, as amended by this Amendment and attached hereto. This Amendment has been executed this day of _____________________, 2021. City of Rohnert Park By: EMPLOYER LA #4881-7798-0931 v2 CITY OF ROHNERT PARK RETIREE HEALTH REIMBURSEMENT ARRANGEMENT APPENDIX (Amended 11.9.2021) The Employees listed below whose employment is governed by the terms of 2014-2017 collective bargaining agreements between the Employee representatives and the City shall be eligible to participate in the Plan upon retirement from the City, in accordance with the Eligibility Requirements and governed by this Appendix to the Plan. Each Participant shall be credited Five Hundred Dollars ($500.00) per month* to a Retiree Health Reimbursement Account commencing the first month following retirement from the City and continuing until 1) death or 2) Medicare eligibility, whichever comes first. *Part-time employees Morrow and Shreckengast’s benefits will be adjusted to reflect their part-time status at the time of retirement. NAME HIRE DATE ABRAVAYA, GENE 3/31/2003 ADAM, DANIEL 2/23/1987 ADAMS, CAROL 9/1/2003 AMAYA-PEARSON, RITA 3/17/2003 ANDERSON, NORMAN 11/16/1993 AVILA, MARTIN D 5/16/2007 AZEVEDO, SUSAN M 1/4/2005 BATES, MICHAEL 6/22/1998 BATES, RICHARD A 5/2/2005 BEARDSLEY, ELLEN 5/24/2004 BECKER, DEAN 9/1/1990 BOGGERI, STEPHEN 3/14/2002 BRADY, JAMES R 9/29/2003 BRANNEN, GEORGE 9/1/1990 BROOKS, LILLIAN 6/1/1989 BURNS, JOSHUA R 5/2/2005 CATES, KIMBERLY 1/16/1996 CLARK, JULIA 7/7/1997 LA #4881-7798-0931 v2 DAVIDGE, BRANDON L 11/16/2004 DEHELEAN, MANFRED 1/5/2004 DOUGLAS, TARA B 2/13/2007 ESPINO, SONIA 11/16/2004 FROSTICK, GEORGE 9/5/2000 GALAUDET, BARBARA 11/24/1986 GILSON, JOHN 9/7/1999 GOLDY, MARA 1/8/2002 GOSSAGE, STEVEN 2/20/1990 HANSEN JR, GERALD E 8/4/2004 HARMON, CHUCK 5/10/2004 HATCH, PATRICIA 3/16/1996 HEILMAN, MICHAEL 6/1/1994 HOWARD, GEORGE B 2/10/2004 JENKINS, DARRIN 10/6/2003 JOERGER, EDWARD D 2/19/2002 JOHNSON, AARON 10/1/1997 JOHNSON, JENNIFER E 11/12/1999 JUSTICE, JEFFREY 12/14/1998 KELLEY, THOMAS 6/1/1994 KOFFLER, KELLY 8/1/2001 KOSITZIN, MELISSA J 3/1/2004 KRAUSS, JASON R 5/5/2004 LAMAISON, DEBORAH M 1/12/2004 LAMAISON, PHILIP 7/16/1989 LESTANGUET, JEAN 1/5/2004 LOEFFLER, LAWRENCE 1/1/1989 LA #4881-7798-0931 v2 LUIS, ROBERT J 1/12/2004 MANNERS-ASTLEY, KEITH 9/3/2003 MARSHALL, JERROD A 9/22/2004 MATZEN, ERIC 12/8/2003 MAZZANTI, TERESA 7/1/1993 MCINTYRE, JAMES 8/9/1982 MOORE, TROY 1/16/1998 *MORROW, SHARON 9/1/2006 NAUMANN, WARREN 12/7/1998 NEWSOME, DAVID 7/12/1999 NICKS, JEFFREY 1/4/1999 O'DONNELL, SEAN 11/1/1999 OSTREM, SARA N 2/16/2006 PEDRONCELLI, RICHARD 12/16/1997 PETERSEN, BRIAN 2/23/1987 PILGRIM, MARIA 3/8/2002 PIMENTEL, RONALD 7/1/1990 PIOTRKOWSKI, TERESA M 7/25/2005 POON, PATRICIA W 1/16/2007 RAIA, TRISHA 6/4/2001 RODRIGUEZ, DAVID F 7/22/2003 ROWLEY, DAVID 8/1/2001 SHARP, MARK 12/16/1988 *SHRECKENGAST, JULIE 7/16/1995 SMITH, ANDREW 5/1/2007 SMITH, ANGELA 8/1/1989 SMITH, DEBORAH A 8/5/2005 LA #4881-7798-0931 v2 SNODGRASS, MATTHEW J 9/16/2002 STROUSE, PATRICK 3/16/1998 TACATA, EYDIE 4/28/1998 TAYLOR, JEFFREY 10/1/1997 THOMPSON, CASEY G 3/16/2007 THOMPSON, JUSTIN W 5/1/2002 UTECHT, DALE 12/16/1996 WALLACE-HINTON, DENISE 10/16/1989 WERLE, MICHAEL S 9/22/2004 ZELDES, MICKEY 4/26/1999 LA #4881-7798-0931 v2 SUMMARY OF MATERIAL MODIFICATIONS City of Rohnert Park Retiree Health Reimbursement Arrangement I INTRODUCTION This is a Summary of Material Modifications regarding the City of Rohnert Park (“Plan”). These changes take effective January 1, 2022. This is merely a summary of the most important changes to the Plan and information contained in the Summary Plan Description (“SPD”) previously provided to you. It supplements and amends that SPD so you should retain a copy of this document with your copy of the SPD. If you have any questions, contact the Administrator. If there is any discrepancy between the terms of the Plan, as modified, and this Summary of Material Modifications, the provisions of the Plan will control. II SUMMARY OF CHANGES 1. Effective Date. The provisions of this Amendment, unless otherwise indicated are effective January 1, 2022. 2. Account Credit: Account Credit means $500.00 credited to a Participant’s Retiree Health Care Account beginning the first month following retirement from the City and continuing until Medicare eligible or death, whichever occurs first. 3. Eligibility Requirement: (a) At the time of the Employee’s Termination of Employment the employee must be identified on the appendix, as amended by this Amendment and attached hereto. - 1 - LA #4890-5039-9491 v4 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT Between CITY OF ROHNERT PARK AND DARRIN JENKINS 1. PARTIES AND EFFECTIVE DATE The parties to this Second Amendment to Employment Agreement are the City of Rohnert Park (“City”) and Darrin Jenkins (“Employee”). The effective date of this Second Amendment to Employment Agreement (“Second Amendment”) shall be November 23, 2021. 2. PURPOSE The parties have previously entered into an Employment Agreement between the City of Rohnert Park and Darrin Jenkins effective as of November 13, 2018 and a First Amendment to Employment Agreement between the City of Rohnert Park and Darrin Jenkins effective as of June 6, 2021(hereinafter collectively referred to as “Employment Agreement”). The City and Employee now desire to amend the Employment Agreement as set forth below. 3. AMENDMENT TO SECTION 4(A)(1)(a) Section 4(A)(1)(a) of the Employment Agreement is hereby amended to read in its entirety as follows: 4. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the Employment Agreement: A. Compensation & Required Employer Costs (1) Base Salary (a) Effective September 1, 2021, the annual salary for the position of City Manager shall be $292,734.66 (which represents a 14% increase from previous year). Effective on the first day of the pay period which includes July 1, 2022, the annual salary for the position of City Manager shall be $307,371.39 (which represents a 5% increase comprised of a 2% COLA increase and a 3% merit increase). Effective on the first day of the pay period which includes July 1, 2023, the annual salary for the position of City Manager shall be $324, 276.82 (which represents a 5.5% increase comprised of a 2.5% COLA increase and a 3% merit increase). Effective on the first - 2 - LA #4890-5039-9491 v4 day of the pay period which includes July 1, 2024, the annual salary for the position of City Manager shall be $343,733.43 (which represents a 6% increase comprised of a 3% COLA increase and a 3% merit increase). 4. AMENDMENT TO SECTION 4(B)(1) Section 4(B)(1) is hereby amended to read in its entirety as follows: 4. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the Employment Agreement: (B) Basic Benefits (1) Management Allowance The City Manager shall be provided a monthly management allowance in the amount of $600.00 per month. 5. AMENDMENT TO SECTION 4(B)(2)(i) Section 4(B)(2)(i) is hereby amended to read in its entirety as follows: 4. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the Employment Agreement: (B) Basic Benefits (2) Additional Benefits The City Manager shall be entitled to all benefits, rights and privileged accorded to non-public safety Management Unit except for the following: (i) City Manager shall not be entitled to receive retiree medical benefits currently offered to non-public safety Management Unit employees except for the $500 per month City contribution to the City of Rohnert Park Retiree Health Reimbursement Arrangement account and the retiree vision and medical benefits offered to other non- public safety Management Unit employees hired before July 1, 2007 who opted out of the then existing retiree - 3 - LA #4890-5039-9491 v4 medical benefits and who were continuously employed by the City as set forth in Section 4(B)(6) below; and 6. AMENDMENT TO SECTION 4(B) Section 4(B)(6) is hereby added to the Employment Agreement to read in its entirety as follows: 4. COMPENSATION The City agrees to provide the following compensation to the City Manager during the term of the Employment Agreement: (B) Basic Benefits (6) Retiree Health Benefits City Manager is eligible to receive the same monthly contribution to a Retiree Health Reimbursement Account and the same retiree vision and dental benefits that other regular full-time or regular part-time benefited non-safety employees hired before July 1, 2007 and continuously employed by the City and who opted out of the retiree medical benefits provided for in the City’s Memoranda of Agreement/Compensation Outlines that expired on June 30, 2014 are eligible to receive upon retirement from City service. These benefits and their terms are described in Section 5.14(2)(a)(ii and iii) and Section 5.14(2)(b) of the 2021-2025 Outline of Certain Conditions of Employment, Fringe Benefits and Salary for the Management Unit. 7. GENERAL PROVISIONS A. This Second Amendment 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 Second Amendment. It is understood by the parties that no additional contract amendments beyond what is set forth in this Second Amendment to the Employment Agreement shall be executed until July 1, 2025. - 4 - LA #4890-5039-9491 v4 B. Except as specifically modified herein, all remaining terms and obligations set forth in the Employment Agreement between the City of Rohnert Park and the Employee shall remain in full force and effect. CITY OF ROHNERT PARK By: _______________________________ Gerald Giudice, Mayor Dated: _____________________________ Per Reso. No. 2021-_____ Adopted ______ EMPLOYEE By: _______________________________ Darrin Jenkins Dated: _____________________________ ATTEST: By: _______________________________ Acting City Clerk APPROVED AS TO FORM: By: _______________________________ Michelle Marchetta Kenyon City Attorney