2021/11/23 City Council Resolution 2021-136 RESOLUTION NO. 2021-136
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 TIMOTHY S. MATTOS FOR
PUBLIC SAFETY DIRECTOR SERVICES
WHEREAS, on December 28, 2018, City entered into an Employment Agreement with
Timothy S. Mattos ("Employment Agreement")to retain his services as the Public Safety
Director; and
WHEREAS, on November 24, 2019, the City entered into a First Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of the
Employment Agreement; and
WHEREAS, on June 6, 2021, the City entered into a Second Amendment to
Employment Agreement with Timothy S. Mattos to modify the compensation provision of the
Employment Agreement; and
WHEREAS, the City and Timothy S. Mattos desire to further amend the Employment
Agreement to modify the terms and conditions of Timothy S. Mattos' employment as Public
Safety Director.
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 Timothy S. Mattos for Public Safety Director 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 23rd day of November, 2021.
CITY R I ERT PARK
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ATTEST:
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Eliza eth Machado, Acting City Clerk
Attachments: Exhibit A
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EXHIBIT “A”
THIRD AMENDMENT TO
EMPLOYMENT AGREEMENT
Between
CITY OF ROHNERT PARK AND TIMOTHY S. MATTOS
1. PARTIES AND EFFECTIVE DATE
The parties to this Third Amendment to Employment Agreement (“Third Amendment”)
are the City of Rohnert Park (“City”) and Timothy S. Mattos (“Employee”). The effective date
of this Third Amendment shall be December 5, 2021.
2. PURPOSE
The parties have previously entered into an Employee Agreement between City of
Rohnert Park and Timothy S. Mattos (“Employment Agreement”) effective as of December 28,
2018. On November 24, 2019, the City entered into a First Amendment to Employment
Agreement with Timothy S. Mattos to modify the compensation provision of the Employment
Agreement. On June 6, 2021, the City entered into a Second Amendment to Employment
Agreement with Timothy S. Mattos to modify the compensation provision of the Employment
Agreement. The Employment Agreement as amended by the Second 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
Section 2 of the Amended Employment Agreement is hereby modified in its entirety to
read as follows:
2. TERM
This Agreement commences and is effective on December 5, 2021 (“Effective
Date”) after being approved by the City Council and after being executed by
both Parties. Subject to the provisions set forth in Section 4 [Termination],
Mattos shall be employed in the position of Director of Public Safety for a term
commencing on the Effective Date. This agreement shall expire as of the first
of the following to occur: (1) 5:00 p.m. on December 5, 2024; or (2), upon
termination of this Agreement by either Party in accordance with the provisions
set forth in Section 4 [Termination] of this Agreement.
4. AMENDMENT TO SECTION 3
Section 3(a) of the Amended Employment Agreement is hereby modified in its entirety to
read as follows:
Mattos Third Amendment to Employment Agreement
City of Rohnert Park
Page 2 of 3
Page 2 of 3
3. COMPENSATION AND BENEFITS.
(a) Base Salary. Employee shall be entitled to the following salary adjustments:
$219,626.39 base salary (which represents a 2.5% increase from the previous
year) effective December 5, 2021; $229,509.58 base salary (which represents a
4.5% increase from the previous year) effective the first day of the first pay period
which includes July 1, 2022; $240,985.06 base salary (which represents a 5%
increase from the previous year) effective the first day of the first pay period
which includes July 1, 2023; $248,214.61 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 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.
CITY OF ROHNERT PARK
By:_____________________________
Darrin Jenkins,
City Manager
Dated:___________________________
Per Reso. No. 2021-___ adopted______.
EMPLOYEE
By:______________________________
Timothy S. Mattos
Dated:___________________________
Mattos Third Amendment to Employment Agreement
City of Rohnert Park
Page 3 of 3
Page 3 of 3
APPROVED AS TO FORM:
By:__________________________
Michelle Marchetta Kenyon
City Attorney
Attest:
By: __________________________
City Clerk