1 SEVENTH AMENDMENT TO
EMPLOYMENT AGREEMENT FOR THE POSITION OF
CITY MANAGER
by and between
the
CITY OF CATHEDRAL CITY
and
CHARLES McCLENDON
Dated: June 14, 2023
2 SEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF
CITY MANAGER
This Seventh Amendment to Employment Agreement for the Position of City Manager (“Seventh Amendment”) is made and entered into and is effective this 14th day of June 2023, by and between the CITY OF CATHEDRAL CITY, a California charter city, (“City”) and CHARLES McCLENDON, an individual, (“Employee”) (hereinafter City and Employee 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 has been amended numerous time, and was last amended on August 10, 2022, by the Sixth Amendment to Employment Agreement, inclusive (“Prior Amendments”).
B. The purpose of this Seventh Amendment is to amend Section 4.a “Salary” to provide for a 3% cost of living adjustment to Employee’s base salary commencing of July 1, 2023 and a subsequent 3% cost of living adjustment commencing January 1, 2024, and to amend Section 4.c “Deferred Compensation” to provide Employee with an increase to the CITY’s annual contribution to Employee’s deferred compensation plan.
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 4.a. Salary. Section 4.a. “Salary” of the Employment Agreement is amended to read as follows:
“4.a. Salary. Employee shall be paid an annual base salary of $233,886 commencing July 1, 2023, which annual base salary shall increase to $240,704 commencing January 1, 2024. Payments shall be made in accordance with the City’s normal payroll practices and procedures.
Employee’s salary may be adjusted at the sole discretion of the City Council. Any increase or decrease is not effective until the Parties draft and sign an amendment to this Agreement that states the new annual base salary and the effective date of that new salary which is adopted by the City Council at a duly noticed public meeting. If the Employee possesses a Master’s Degree he is entitled to an educational stipend 3 equal to five-percent (5%) of base salary pursuant to the Executive Policy, which is subject to change at the discretion of the City Council. b) Section 4.c. Employee Compensation. Section 4.c. “Deferred Compensation” of the Employment Agreement is amended to read as follows:
“4.c.Deferred Compensation. Employee shall be eligible to participate in a deferred compensation (457) plan selected by Employee from providers offered by the City. The City will make, on an annual basis, prorated per pay period, a total contribution of $30,000, subject to any applicable IRS rules and regulations. Employee may make additional contributions as allowed by the selected plan and by applicable IRS rules and regulations.
2.General Provisions: The following general provisions shall apply. a)Remainder Unchanged. Except as specifically modified and amended in this Seventh Amendment, the Agreement, inclusive of the Past Amendments, remains in full force and effect and binding upon the Parties.
b)Integration. This Seventh 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 Seventh Amendment.
c)Effective Date. This Seventh 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. d)Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Seventh 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.
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[SIGNATURES ON PAGE 4]
IN WITNESS WHEREOF, the Parties hereto have executed this Sixth Amendment on the date first indicated above.
CITY OF CATHEDRAL
_________________________
Rita Lamb, Mayor
EMPLOYEE
____________________________
Charles McClendon
ATTEST: APPROVED AS TO FORM:
____________________________
_____________________
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Tracey Hermosillo, City Clerk Eric S. Vail, City Attorney