1 SIXTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER
by and between
the
CITY OF CATHEDRAL CITY
and
CHARLES McCLENDON
Dated August 10, 2022
2 SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Sixth Amendment to Employment Agreement for the Position of City Manager (“Sixth Amendment”) is made and entered into and is effective this 10th day of August 2022, by and between the CITY OF CATHEDRAL CITY, a California municipal corporation, (“CITY”) and CHARLES McCLENDON, an individual, (“EMPLOYEE”) (hereinafter CITY and McCLENDON may be jointly referred to as the “Parties”) on the following terms and conditions:
RECITALS
A. The Parties entered into that Employment Agreement for the Position of City Manager (“Employment Agreement”) on January 22, 2014. The Employment Agreement was last amended on May 26, 2021, by the Fifth Amendment to Employment Agreement (“Prior Amendments”).
B. The purpose of this Sixth Amendment is to amend Section 4.c “Deferred Compensation” to provide EMPLOYEE with an additional pro-rated two hundred twenty nine dollars and eighty four cent ($229.84) increase to the City’s annual contribution to EMPLOYEE’s deferred compensation plan and also to amend Section 4.f “Holidays” to ensure EMPLOYEE’s receives the same holidays paid to other employees.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the Parties do hereby enter into this Sixth Amendment which modifies and amends the Agreement and Amendments, as follows:
1.Amendments
a) Section 4Employee Compensation. Section 4.c. “Deferred Compensation” of the Employment Agreement is amended to read as follows:
“4.a.Deferred Compensation. Employee shall be eligible to participate in a joint contribution deferred compensation (457) plan selected by Employee from providers offered by the City. The City will make a prorated payment per pay period equally to the annual contribution to the plan in the same year equal to $16,429.84. Employee will make a matching contribution of a minimum of $1,429.84 annually. b) Section 4Employee Compensation. Section 4.f. “Holidays” of the Employment Agreement is amended to read as follows:
3 “4.f.Holidays. Employee shall be entitled to receive the same paid holidays as other City employees. Currently there are 10 fixed and 2 floating paid holidays, which holidays are subject to change by the City Council, but only in the same manner applicable to all other City employees. The fixed holidays shall be identified in the City’s Annual Holiday Resolution. Employee will not be required to work on paid holidays unless required by the City Council or otherwise necessitated by the demands of City business or Emergency.
2.General Provisions: The following general provisions shall apply. a)Remainder Unchanged. Except as specifically modified and amended in this Sixth Amendment, the Agreement, inclusive of the Past Amendments, remains in full force and effect and binding upon the Parties. b)Integration. This Sixth Amendment consists of pages 1 through 4 inclusive, which constitute 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 transaction discussed in this Sixth Amendment.
c)Effective Date. This Sixth Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the CITY and by McCLENDON. Once duly executed by the Parties, the Sixth Amendment shall take effect on August 10, 2022.
d)Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Sixth Amendment. e)References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Sixth Amendment have the same meaning as provided in the Agreement and prior Amendments, unless expressly stated to the contrary in this Sixth Amendment.
IN WITNESS WHEREOF, the Parties hereto have executed this Sixth Amendment on the date first indicated above.
CITY OF CATHEDRAL
_________________________
Ernesto Gutierrez, Mayor
____________________________
Charles McClendon, City Manager
4 ATTEST: APPROVED AS TO FORM:
____________________________
_____________________
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Tracey R. Hermosillo, City Clerk Eric S. Vail, City Attorney