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2024/06/25 City Council Resolution 2024-052 RESOLUTION NO. 2024-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK AUTHORIZING AND APPROVING THE FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARCELA PIEDRA WHEREAS, on October 25, 2022, the City entered into a City Manager Employment Agreement Between the City of Rohnert Park and Marcela Piedra to retain her services as the City Manager beginning January 3, 2023; and WHEREAS, the City and Marcela Piedra desire to modify the terms and conditions of Marcela Piedra's employment as City Manager. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Rohnert Park hereby approves the First Amendment to City Manager Employment Agreement between the City of Rohnert Park and Marcela Piedra in substantially the same form attached hereto as Exhibit "A," which is incorporated herein by this reference. BE IT FURTHER RESOLVED, that the Mayor 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 25th day of June, 2024. CITY OF ROHNERT PARK ATTEST: Susan . Adams May or Sylvia Lopez Cuevas;C'ty Cler APPROVED S TO FORM: Michelle M. Ken on, City Attorney ELWARD RODRIGUEZ: SANBORN: GIUDICE: ADAMS: '"l AYES: ( ) N JES: ) ABS f( ) ABSTTA : ( ) 4875-7809-4024 v2 EXHIBIT A FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARCELA PIEDRA FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROHNERT PARK AND MARCELA PIEDRA 1. PARTIES AND EFFECTIVE DATE The parties to this First Amendment to City Manager Employment Agreement Between the City of Rohnert Park and Marcela Piedra ("First Amendment") are the City of Rohnert Park("City") and Marcela Piedra, an individual (the "City Manager"). The City and the City Manager are sometimes individually referred to as a"Party" and collectively as "Parties." The effective date of this First Amendment shall be June 25, 2024. 2. PURPOSE The parties have entered into a City Manager Employment Agreement between the City of Rohnert Park and City Manager("Original Agreement") as of October 25, 2022. The City and City Manager now desire to amend the Original Agreement to modify the terms and conditions of City Manager's employment as City Manager by entering into this First Amendment. 3. AMENDMENT TO SECTION 4 Section 4(A)(1)(a) of the Original Agreement is hereby modified in its entirety to read as follows: A. Compensation & Required Employer Costs (1) Base Salary (a) The annual salary for the position of City Manager shall be $316,210 Beginning the first full pay period that includes February 27, 2024. Beginning on July 1, 2024, City Manager shall be entitled to a three percent (3%) cost of living adjustment. Beginning on the pay period that includes February 27, 2025, the annual salary for the City Manager shall be $335,466. Beginning on July 1, 2025, City Manager shall be entitled to a three percent (3%) cost of living adjustment. During the remaining term of the Employment Agreement and following an annual performance review of City Manager, City agrees to 4857-6530-2728 v8 1 consider providing City Manager with additional merit increases and cost of living adjustments. Section 4(B)(1) of the Original Agreement is hereby modified in its entirety to read as follows: B. Basic Benefits (1) Management Allowance The City Manager shall be provided a monthly management allowance in the amount of$600 per month, in lieu of automobile allowance. Effective July 1, 2024. Beginning on July 1, 2024 and on July 1 annually, City Manager shall be provided an automatic $100 increase to this monthly management allowance for each year remaining during the term of the Employment Agreement. 4. AMENDMENT TO SECTION 5 Section 5(A) of the Original Agreement is hereby modified in its entirety to read as follows: A. Term of Agreement. This Agreement shall be extended for an additional two years and shall be terminated on January 3, 2028, unless terminated by either party in accordance with this Section. If either Party intends not to renew or extend the Term at its expiration, the Party shall give notice to the other Party at least six months prior to the expiration of the Term. Section 5(D) of the Original Agreement is hereby modified in its entirety to read as follows: D. Severance Pay 1) In the event the City Manager is terminated by the City Council during such time that the City Manager is willing and able to perform the City Manager' s duties under this Agreement, then the City agrees to pay the City Manager a lump sum cash payment equal to 12 months of the then current base salary of the City Manager. At City Manager' s option, this severance may be paid as a continuation of salary on the existing biweekly basis. 5. GENERAL PROVISIONS A. This First 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 First Amendment. 4857-6530-2728 v8 2 B. Except as specifically modified herein, all remaining terms and obligations set forth in the Original Agreement between the City of Rohnert Park and City Manager shall remain in full force and effect and the Original Agreement and First Amendment shall be jointly referred to as "Employment Agreement". IN WITNESS WHEREOF the Parties have executed this Agreement as of the day and year first above written. CITY OF RO RT PARK CITY M ` By: By: Susa H. Adams yo a a Pi a ( _ Dated: `� L'D Dated: Per Reso. No. 2024-052 adopt d 6/25/2024 APP DfAS By: �� Michelle March ettIa Kenyon, City Attorney ATTEST: B} City er 4857-6530-2728 v8 3