EMPLOYMENT AGREEMENT
(CITY MANAGER)
This City Manager Employment Agreement ("Agreement) is made and entered into this 31 day of March, 2021 (Execution Date"), by and between the City of Glendale, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Roubik Golanian (hereinafter referred to as "City Manager" or "Golanian"). City and City Manager are sometimes referred to herein as the "Parties." WHEREAS, on March 9, 2021, City, acting through its City Council, appointed Golanian as its City Manager to perform the duties and responsibilities of City Manager as described in the Glendale City Charter, Glendale Municipal Code and ordinances and resolutions of the City; and
WHEREAS, Golanian desires to be employed as the City Manager; and WHEREAS, City and Golanian desire to enter into this Agreement to establish the terms of Golanian's employment relationship with City.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:
1. Effective Date. The terms of this Agreement are effective as of and retroactive to March 9, 2021 ("Effective Date").
Employment. The City hereby agrees to employ Golanian as the City Manager of the City of Glendale in an at-will capacity, subject to the terms of this Agreement, to perform the functions and duties specified in the City Charter, the Glendale Municipal Code, the Ordinances, Resolutions, and Motions of the City Council, the policies of the City of Glendale, and to perform such other legally permissible duties and function as the City Council shall assign from time to time.
3. Term.
Initial Term: The Initial Term of this Agreement shall commence on March 9, 2021, and end on March 8, 2024 ("Initial Term"), unless terminated sooner in accordance with Section 10 hereof.
b. Extension of Term. Not less than six (6) months prior to the expiration of the Initial Term (no later than September 8, 2023), the City Council shall provide notice to Golanian in writing as to whether it intends to negotiate an extension of the Term by way of future amendment of this Agreement ("Extension Negotiation Notice"). If the City Council provides such Extension Negotiation Notice, the Parties shall negotiate an amendment to this Agreement, in good faith and at their own cost that extends the Term of this Agreement at terms mutually agreeable to the Parties. If the Parties fail to agree to an amendment to the Term of this Agreement on mutually agreeable terms within ninety (90) days of the date of the Extension Negotiation Notice, then the Parties will cease negotiations. If, for any reason, the City declines to issue the Extension Negotiation Notice or the Parties fail to agree to an amendment to the Term of this Agreement on mutually acceptable terms within ninety (90) days of the date of the Extension Negotiation Notice, then this Agreement shall expire as of the end of the Initial Term. If this Agreement expires at the end of the Initial Term, then City Manager shall not be entitled to any severance, pay-out, cash out or any other compensation, other than vacation and other amounts accruing hereunder or under City policies that may be cashed out in accordance with City policies applicable to Executives.
4. Salary
a. Commencing on and retroactive to the Effective Date, the City Manager's base salary shall be Two Hundred Seventy-Eight Thousand Dollars ($278,000) per year (or $23, 166.67 per month). The City Manager's salary shall be subject to withholding and other applicable taxes, and shall be payable to City Manager at the same time as other employees of the City are paid.
b. On or before March 9, 2022, in connection with a performance evaluation, the City Council agrees it will grant the City Manager a salary increase no less than 2% and no greater than 5% if the City Council determines that the City Manager has reasonably satisfied the goals and expectations set by the Council.
C. Any other cost of living, merit and/or other salary adjustments provided to Golanian may be made at the discretion of the City Council.
Retirement. The City is a member of the Public Employees Retirement System (PERS). Golanian is a "classic" employee for purposes of the California Public Employees' Pension Reform Act of 2013 ("PEPRA") and the City Manager's retirement formula will remain at "2.5% at 55." By way of reference, as of the date of this Agreement, "classic" miscellaneous employees in the City (those hired before January 1, 2011 and in a public retirement system prior to January 1, 2013) pay the employee's share equal to eight percent (8%) of the employee's gross salary and the portion of the employer's share equal to four percent (4%) of gross salary.
6. Automobile Allowance. City shall pay City Manager an automobile allowance in accordance with the auto allowance program for City Executives.
7. Benefits. City Manager shall receive all benefits, including but not limited to medical, dental, vision, vacation, sick leave, life insurance, long term disability, and executive leave, all in accordance with City ordinances, resolutions policies and programs applicable to Executives.
2 8. Duties and Powers of City Manager; Roles of Council and City Manager. City Manager shall have, and shall carry out, the powers and duties of the City Manager as set forth in the Glendale City Charter, Glendale Municipal Code, and all ordinances, resolutions, motions, and administrative policies enacted thereunder. a. Recruitment and Appointment of Executives. City Manager shall, subject to the Charter and applicable civil service rules, engage in the recruitment and selection of appointed Executives (except City Attorney and City Manager) to fill a vacancy in a position caused by termination, resignation, retirement or for any other reason. Other than to comply with applicable law (e.g. appropriating funds for an executive search firm) that would require Council approval of a specific action, the authority to recruit and select Executives shall lie with the City Manager, subject only to the City Council's authority - under the City Charter - to either approve or reject the Assistant City Manager or Department Heads as those terms are defined in the City Charter. b. Evaluation of Department Heads and Executives. The City Manager shall conduct annual evaluations of the performance of appointed executives (other than the City Attorney and City Manager). The City Council will not perform, or participate in the evaluations, but will hold the City Manager accountable for performing the evaluations and for ensuring that the executives are meeting the goals, policies and expectations of the City Council and the City Manager.
C. Adjustment of Salaries for Executives. The City Manager may, without advice, recommendation or objection from the City Council determine and provide pay adjustments anywhere within the salary ranges established for Executive employees (except the City Manager, City Attorney, City Clerk and City Treasurer) pursuant to the classification and compensation resolution then in effect for Executives. d. Council Interference with City Manager Duties. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager as provided in the City Charter, Glendale Municipal Code, or this Agreement. The provisions set forth in this Section 8 are set forth herein for the purpose of further defining the roles, duties and limitations of the City Council and City Manager under the City Charter, Glendale Municipal Code, applicable City policy and this Agreement, with respect to the matters referenced in this Section 8. A violation of any provision of this Section 8 shall not constitute a breach of this Agreement and shall not give rise to any cause of action for declaratory, injunctive relief or any other form of judicial relief, or to any a claim or suit for damages. Nothing herein shall be construed as altering the at-will nature of the City Manager position, or limit the City's ability to terminate City Manager's employment, with or without cause, subject only to the limitations in the Charter, Glendale Municipal Code, and the provisions of Sections 10 and 11 hereof.
3 9. Performance Evaluations of City Manager
Annual performance evaluations are an important way for the City Council and City Manager to ensure effective communications about expectations and performance.
b. The City Council recognizes that for the City Manager to respond to its needs and to grow in the performance of the City Manager's job, City Manager needs to know how the City Council Members evaluate the City Manager's performance.
C. To assure that the City Manager gets this feedback, the City Council shall conduct an evaluation of City Manager's performance at least once each year. The City ad the Citv Manager agree that performance evaluations, for the purpose of providin dditional input and feedback, may occur quarterly or several times during eac calendar year. The Parties may use an outside facilitator paid by City funds to assist them in conducting this evaluation, upon the mutual agreement of the City Council and the City Manager, to be paid by the City.
d. The annual evaluation will occur between July 1 and mid-September of each year, to coincide with the completion of the City's budget adoption process.
During the annual evaluation process, the City Manager and the City Council will create goals or other outcome measures that will provide the basis for assessing the next year's performance.
e. The annual review and evaluation will be in accordance with specific criteria developed jointly by the City Council and the City Manager. Such criteria may be added to or deleted as the City Council may from time to time determine in consultation with the City Manager.
f. The City Council and the City Manager shall define such goals and performance objectives as they mutually determine are necessary for the proper operation of the City for the attainment of the City Council's policy objectives, and the City Council and City Manager shall further establish a relative priority among those goals and performance objectives.
10. Termination of Agreement:
Voluntary Resignation by City Manager: City Manager may voluntarily resign his position as City Manager, after giving City at least forty-five (45) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or in part by the City Council. In the event the City Manager resigns from his employment, other than the provisions of this Agreement that are intended to survive termination, this Agreement shall terminate and City Manager shall not be entitled to any Severance as defined and authorized under Section 11 hereof. 4 b. At Will Employment; Termination by Council: The position of City Manager is an at-will position. This Agreement does not grant the City Manager any property interest in continued employment with the City. The City Council may, by majority vote of the Council, remove the City Manager and terminate this agreement at any time, with or without cause. Notice of termination shall be provided to the City Manager in writing, provided adoption of a motion, certified by the City Clerk, shall constitute a sufficient writing. Notwithstanding the foregoing, pursuant to Article IX, Section 1 of the City Charter, the Council shall not remove, suspend or ask for the resignation of the City Manager within one hundred thirty-five (135) days after a council election except by unanimous vote of the entire Council.
11. Severance Terms: Notwithstanding Section 10(b), should the City Manager's employment be involuntarily terminated by the City at any time, for any reason other than the reasons set forth in subsection 11c. below, City shall pay City Manager severance benefits as follows:
a. City shall pay City Manager a lump sum payment equal to six (6) months of City Manager's monthly salary at the time of termination ("Severance Lump Sum Payment™).
b. In addition, the City shall extend to the City Manager the right to continue health insurance as may be required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA). The City agrees to pay Golanian's COBRA coverage for the same number of months (6) for which the City Manager is entitled to lump sum payment above, or until Golanian either secures full-time employment or obtains other health insurance, whichever of these events first occurs ("COBRA payments"). The Severance Lump Sum Payment and the COBRA payments shall together be referred to herein as the "Severance." Golanian shall notify the City within five days of securing new full-time employment or insurance. c. "For Cause" Termination. Notwithstanding the above, City Manager shall not be entitled to payment of the Severance, or any portion thereof, if the City Manager is terminated because he:
i. Is convicted of a felony or convicted of any crime, felony or misdemeanor, involving moral turpitude or illegal personal gain to City Manager; or ii. Knowingly and unlawfully participates in a governmental decision in which he has a conflict of interest as defined in Government Code sections 87100, et seq., or Government Code sections 1090 et seq.; or
Engages in the continued abuse of drugs or alcohol that materially affects the performance of the City Manager's duties; or Fails or refuses to follow a lawful written directive of the City Council, after written notice of such failure is provided to City Manager; or Has repeated and protracted unexcused absences from the City Manager's office and duties.
d. City's obligation to pay the Severance is subject to and will not be paid until the City Manager executes a waiver and release agreement in substantially the form as that set forth as Exhibit "A" to this Agreement, attached hereto and incorporated herein by this reference.
e. For purposes of this Section 11 only, involuntary termination requiring payment of the Severance shall include a vote by a majority of the Council to remove or terminate the City Manager or ask for his resignation at any time, with or without cause, other than for the reasons set forth in subsection c. above. f. Repayment of Severance in the Event of Conviction of Abuse of Office.
As required by Government Code Section 53243.3 (or any successor provision), in the event the City has paid the Severance and City Manager is subsequently convicted of a crime involving the abuse of his office or position as City Manager of Glendale, then City Manager shall fully reimburse the City for all cash payments made under the Severance provisions of this Agreement. As used herein, "abuse of office or position" shall have the meaning ascribed to it under Government Code Section 53243.4 (as may be amended or under any successor provision), which currently means either "an abuse of public authority, including but not limited to, waste, fraud, and violation of the law under color of authority", or "a crime against public justice, including but not limited to a crime in Title 5 (commence with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code."
12. Indemnification. City shall defend and indemnify City Manager and pay any costs, legal fees, and judgments assessed against City Manager arising out of an act or omission occurring in the course and scope of City Manager's performance of his duties under this Agreement. Notwithstanding the foregoing, however, City shall not be required to defend or indemnify City Manager for claims, actions, damages, fees or actions when defense or indemnity is prohibited, restricted or limited by law, including without limitation California Government Code Sections 825 and 995.2 through 995.8.
13. Abuse of Office or Position. Pursuant to Government Code Sections 53243, 53243.1 and 53432, which became effective on January 1, 2012, if City Manager is convicted of a crime involving an abuse of his office or position, all of the following shall apply: (1) if City Manager is provided with administrative leave pay pending any investigation, City Manager shall be required to fully reimburse City such amounts paid; (2) if City pays for the criminal legal defense of City Manager (which would be in City's sole discretion, as it is generally not obligated to pay for a criminal defense), City Manager shall be required to fully reimburse City such amounts paid; and (3) if this Agreement is terminated, any Severance payments related to the termination that City Manager may receive from City shall be fully reimbursed to City or void if not yet paid to City Manager. For purposes of this Section 13, "abuse of office or position" means either: (1) an abuse of public authority, including but not limited to, waste, fraud, and violation of the law under color of authority, or a crime against public justice, 6 including but not limited to a crime in Title 5 (commence with Section 67), Title 6 (commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.
14. Memberships, Conferences, Teaching and Speaking (Professional Development): City shall pay for City Manager's membership in traditional organizations of benefit to a City Manager and the City, including the League of California Cities ("LCC") and International City Managers' Association ("ICMA"), and other organizations as determined necessary and appropriate by Golanian for the professional enrichment of the City Manager and benefit to the City, subject to the Management Services Department budget. City shall pay for registration, travel, accommodations, meals, etc. for LCC and ICMA conferences and other conferences, as deemed reasonably necessary by the City Manager and subject to the departmental budget. City further agrees to pay for membership dues or other related costs associated with Glendale-related service or civic organizations to which City Manager joins and that benefit Glendale, to the extent within the Management Services budget and consistent with the City's expense reimbursement policy. To the extent consistent with his duties and time commitments as City Manager, City Manager may teach and/or speak occasionally in academic or training programs within his area of substantive expertise.
15. Integration of Agreement. This Agreement contains the entire Agreement between the parties and supersedes all prior oral and written agreements, understandings, commitments, and practices between the parties concerning City Manager's employment with the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, oral or written, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party.
16. Amendments. Amendments to this Agreement are effective only upon City Council and City Manager's express written approval.
17. Notices. All notices pertaining to this Agreement shall be sent to:
Golanian: Roubik Golanian
At the most recent address on file in Golanian's
Personnel file held by the City.
CITY: City Clerk
City of Glendale
613 East Broadway, Suite 110
Glendale, California 91206
COPY TO: City Attorney
7 City of Glendale
613 East Broadway, Suite 220
Glendale, California 91206
Such notice shall be deemed made when personally delivered, transmitted by facsimile, or when mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
18. Survival Provisions. Many sections of this Agreement are intended by their terms to survive the City Manager's termination of employment with the City, such as Sections 11, 12 and 13. These sections, and the others so intended, shall survive termination of employment and termination of this Agreement.
19. Severability and Interpretation of Contract Terms. It is the intent of the parties that the sentences, paragraphs and provisions of this Agreement are severable.
Should one or more sentences, paragraphs or provisions of this Employment Agreement be found to be unenforceable, the unenforceable sentences, paragraphs or provisions shall be severed and the remaining sentences, paragraphs or provisions shall be given full force and effect. This Agreement shall be interpreted and construed pursuant to and in accordance with the local laws of the State of California and all applicable City Codes, Ordinances and Resolutions.
[SIGNATURE PAGE TO FOLLOW.]
IN WITNESS WHEREOF, City and City Manager have caused this City Manager Employment Agreement to be executed this 31 day of March, 2021. "City"
City of Glendale, a charter city
and municipal corporation
03/31/2021 vrei Agalanian
Dated:
Vrej Agajanian
Mayor
"City Manager"
Roubik R. Golanian
Dated: 03/31/2021 ar 31, 2021 12:45 PDT)
Roubik R. Golanian
Approved as to Form:
MICHAEL J. GARCIA, CITY ATTORNEY
03/31/2021 By: Michael Garcia
Dated:
Michael J. Garcia
EXHIBIT "A"
FORM OF WAIVER AND RELEASE
1, the undersigned, do hereby acknowledge and attest that I have read and understood section 11 of my City Manager Employment Agreement with the City of Glendale and hereby agree that by accepting six (6) months lump sum of current salary _ [6 x current monthly base salary] along with up to six (6) months of COBRA payments as described in said City Manager Employment Agreement (together, the "Severance"), I agree to waive all rights to further claims, remedies, or legal action against the City, its officers and employees.
In exchange for receipt of the Severance, I and my representatives, heirs, successors, and assigns do hereby completely release and forever discharge the city of Glendale and its related entities and their present and former officers, directors, council members, agents, employees, attorneys, and successors (collectively, "Released Parties") from all claims, rights, demands, actions, obligations, liabilities, and causes of action of every kind and character, known or unknown, mature or unmatured, which I may have now or in the future arising from any act or omission or condition occurring on or prior to the date this waiver is signed whether based on tort, contract (express or implied), or any federal, state, or local law, statute, or regulation (collectively, the "Released Claims"). Released Claims shall also include, but not be limited to, claims for wages or other compensation due, severance pay, bonuses, sick leave, vacation pay, life or health insurance, or any other fringe benefit.
Employee knowingly and voluntarily waives any and all rights or benefits that she may now have, or in the future may have, under the terms of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
By initialing below, the Employee acknowledges that she has read and understands this waiver and voluntarily and knowingly is waiving his right under Section 1542 to pursue unknown or unanticipated claims, rights, demands, actions, obligations, liabilities and causes of action of any kind.
Initials of Employee
Employee shall not file any claim, sue or initiate against any Released Party, any 10 compliance review, action, or proceeding or participate in the same, individually or as a member of a class, under any contract (express or implied), or any federal, state, or local law, statute, or regulation pertaining in any manner to the Released Claims.
Roubik R. Golanian
11 RG City Manager Employment Agreement
Final Audit Report 2021-04-01
Created: 2021-03-31
By: Mona Reaves ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAA9vTqobjFHNsUW_KrAd26a90aRaQjSpAC "RG City Manager Employment Agreement" History
Document created by Mona Reaves ([email protected]) 2021-03-31 - 5:48:51 PM GMT- IP address: 161.199.85.10
Document emailed to Michael Garcia ([email protected]) for signature 2021-03-31 - 6:03:21 PM GMT
Email sent to [email protected] bounced and could not be delivered 2021-03-31 - 6:03:31 PM GMT
Email viewed by Michael Garcia ([email protected]) 2021-03-31 - 6:04:07 PM GMT- IP address: 104.47.64.254
Oo Document e-signed by Michael Garcia ([email protected]) Signature Date: 2021-03-31 - 6:04:46 PM GMT - Time Source: server- IP address: 161.199.85.10 Document emailed to Roubik Golanian ([email protected]) for signature 2021-03-31 - 6:04:48 PM GMT
Email viewed by Roubik Golanian ([email protected]) 2021-03-31 - 7:45:23 PM GMT- IP address: 104.47.64.254
Öe Document e-signed by Roubik Golanian ([email protected]) Signature Date: 2021-03-31 - 7:45:55 PM GMT - Time Source: server- IP address: 174.193.207.62 Document emailed to vrej Agajanian ([email protected]) for signature 2021-03-31 - 7:45:57 PM GMT
• Email viewed by vrej Agajanian ([email protected]) 2021-03-31 - 11:54:43 PM GMT- IP address: 104.47.64.254 Oe Document e-signed by vrej Agajanian ([email protected]) Signature Date: 2021-04-01 - 0:27:44 AM GMT - Time Source: server- IP address: 75.141.125.75 ¿ Adobe Sign
Agreement completed.
2021-04-01 - 0:27:44 AM GMT
Adobe Sign
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
(CITY MANAGER)
This First Amendment to City Manager Employment Agreement ("First Amendment" is made and entered into this 28th day of January, 2022 ("Effective Date"), by and between the City of Glendale, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Roubik Golanian (hereinafter referred to as "City Manager" or "Golanian"). City and City Manager are sometimes referred to herein as the "Parties."
WHEREAS, on March 9, 2021, City, acting through its City Council, appointed Golanian as its City Manager to perform the duties and responsibilities of City Manager as described in the Glendale City Charter, Glendale Municipal Code and ordinances and resolutions of the City; and
WHEREAS, City and Golanian entered into a City Manager Employment Agreement ("Agreement") on March 31, 2021 to establish the terms of Golanian's employment relationship with City; and
WHEREAS, City and Golanian desire to amend the Agreement to adjust Golanian's salary.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and in consideration of Golanian's continued employment as contemplated in the Agreement, the Parties agree to amend the Agreement by way of this First Amendment as follows:
Subsection b. of Section 4 of the Agreement is hereby amended as follow:
Commencing on and retroactive to January 16, 2022, the City Manager's base salary shall be Two Hundred Ninety-One Thousand Nine Hundred Dollars ($291,900) per year (or $24,325 per month). The City Manager's salary shall be subject to withholding and other applicable taxes, and shall be payable to City Manager at the same time as other employees of the City are paid."
All other terms and conditions of the Agreement not modified herein shall remain in force and effect.
[SIGNATURE PAGE TO FOLLOW.]
1 IN WITNESS WHEREOF, City and City Manager have caused this First Amendment to City Manager Employment Agreement to be executed this 28th_ day of January, 2022.
"City"
City of Glendale, a charter city
and municipal corporation
Dated: 01/28/2022
Paula Devine
Mayor
"City Manager"
Roubik R. Golanian
RyAnien
Dated: 01/28/2022 By: Rubica/an (Jan 28, 2022 151 STI
Roubik R. Golanian
Approved as to Form:
MICHAEL J. GARCIA, CITY ATTORNEY
Dated: 01/28/2022 Michael @ garcia
By: _
Michael J. Garcia
signature: Michael J. Garcia
Michael J. Garcia (Jan 28, 2022 17:58 PST)
Email: [email protected]
2 First Amendment to City Manager Employment
Agreement Jan. 2022
Final Audit Report 2022-01-29
Created: 2022-01-28
By: Mona Reaves ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAAmgKXtaqU6N-HGimU7omGXmMNE2r|ACH "First Amendment to City Manager Employment Agreement Jan. 2022" History
L Document created by Mona Reaves ([email protected]) 2022-01-28 - 9:51:58 PM GMT- IP address: 161.199.85.10
Document emailed to Michael Garcia ([email protected]) for signature 2022-01-28 - 9:58:07 PM GMT
• Email viewed by Michael Garcia ([email protected]) 2022-01-28 - 10:01:25 PM GMT- IP address: 104.28.116.101 So Document e-signed by Michael Garcia ([email protected]) Signature Date: 2022-01-28 - 10:22:18 PM GMT - Time Source: server- IP address: 107.77.228.69 Document emailed to Roubik Golanian ([email protected]) for signature 2022-01-28 - 10:22:21 PM GMT
3 Email viewed by Roubik Golanian ([email protected]) 2022-01-28 - 10:51:35 PM GMT- IP address: 104.47.64.254 So Document e-signed by Roubik Golanian ([email protected]) Signature Date: 2022-01-28 - 10:51:58 PM GMT - Time Source: server- IP address: 161.199.85.10 Document emailed to Paula Devine ([email protected]) for signature 2022-01-28 - 10:52:00 PM GMT
Email viewed by Paula Devine ([email protected])
2022-01-28 - 11:08:17 PM GMT- IP address: 104.28.85.225 Se Document e-signed by Paula Devine ([email protected]) Signature Date: 2022-01-29 - 0:48:37 AM GMT - Time Source: server- IP address: 99.27.107.201 Adobe Sign
Document emailed to Michael J. Garcia ([email protected]) for signature 2022-01-29 - 0:48:38 AM GMT
• Email viewed by Michael J. Garcia ([email protected]) 2022-01-29 - 1:33:05 AM GMT- IP address: 172.226.7.54
Oo Document e-signed by Michael J. Garcia ([email protected]) Signature Date: 2022-01-29 - 1:58:44 AM GMT - Time Source: server- IP address: 161.199.85.10 • Agreement completed.
2022-01-29 - 1:58:44 AM GMT
Adobe Sign
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
(CITY MANAGER)
This Second Amendment to City Manager Employment Agreement ("Second Amendment) is made and entered into this 31st day of October, 2023 ("Effective Date"), by and between the City of Glendale, a California charter city and municipal corporation (hereinafter referred to as the "City"), and Roubik Golanian (hereinafter referred to as "City Manager" or "Golanian"). City and City Manager are sometimes referred to herein as the "Parties."
WHEREAS, on March 9, 2021, City, acting through its City Council, appointed Golanian as its City Manager to perform the duties and responsibilities of City Manager as described in the Glendale City Charter, Glendale Municipal Code and ordinances and resolutions of the City; and
WHEREAS, City and Golanian entered into a City Manager Employment Agreement ("Agreement") on March 31, 2021 to establish the terms of Golanian's employment relationship with City; and
WHEREAS, City and Golanian entered into a First Amendment to the Agreement on January 28, 2022 to adjust Golanian's salary; and
WHEREAS, the Agreement would expire on its own terms on March 8, 2024; and WHEREAS, the Parties commenced negotiating an extension of the Agreement on August 15, 2023; and
WHEREAS, City and Golanian have completed negotiations and desire to enter into this Second Amendment to the Agreement to adjust (i) the term of the Agreement, and (ii) Golanian's salary.
NOW, THEREFORE, in consideration of the mutual promises contained herein, and in consideration of Golanian's continued employment as contemplated in the Agreement, the Parties agree to amend the Agreement by way of this Second Amendment as follows:
Section 3 of the Agreement is hereby amended to read as follows:
"3. Term and Term Extension
Term. The term of this Agreement commences on March 9, 2021 and ends on March 8, 2027 ("Term"), unless extended pursuant to subsection (b) of this Section 3 or terminated sooner in accordance with Section 10 hereof. b. Extension of Term. Not less than six (6) months prior to the expiration of the Term (no later than September 8, 2026), the City Council shall provide notice to 1 Golanian in writing as to whether it intends to negotiate a further extension of the Term by way of future amendment of this Agreement ("Extension Negotiation Notice"). If the City Council provides such Extension Negotiation Notice, the Parties shall negotiate an amendment to this Agreement, in good faith and at their own cost that extends the Term of this Agreement at terms mutually agreeable to the Parties. If the Parties fail to agree to an amendment to the Term of this Agreement on mutually agreeable terms within ninety (90) days of the date of the Extension Negotiation Notice, then the Parties will cease negotiations. If, for any reason, the City declines to issue the Extension Negotiation Notice or the Parties fail to agree to an amendment to the Term of this Agreement on mutually acceptable terms within ninety (90) days of the date of the Extension Negotiation Notice, then this Agreement shall expire as of the end of the Term. If this Agreement expires at the end of the Term, then City Manager shall not be entitled to any severance, pay-out, cash out or any other compensation, other than vacation and other amounts accruing hereunder or under City policies that may be cashed out in accordance with City policies applicable to Executives.
Section 4 of this Agreement is amended to read as follows:
"4. Salary
a. Effective November 5, 2023, the City Manager's base salary shall be Three Hundred Fifty Thousand Seven Hundred Dollars ($350,700) per year (or $29,225 per month.
b. Effective July 1, 2024, the City Manager's base salary shall be Three Hundred Seventy-Five Thousand Nine Hundred Dollars ($375,900) per year (or $31,325 per month).
C. The City Manager's salary shall be subject to withholding and other applicable taxes, and shall be payable to City Manager at the same time as other employees of the City are paid.
Any other cost of living, merit and/or other salary adjustments provided to Golanian may be made at the discretion of the City Council."
3. Section 5 of this Agreement is amended to read as follows:
Retirement. The City is a member of the Public Employees Retirement System (PERS). Golanian is a "classic" employee for purposes of the California Public Employees' Pension Reform Act of 2013 ("PEPRA") and the City Manager's retirement formula will remain at "2.5% at 55." By way of reference, as of the date of this Agreement as modified by the Second Amendment, "classic" miscellaneous employees in the City (those hired before January 1, 2011 and in a public retirement system prior to January 1, 2013) pay the employee's share equal to eight percent (8%) of the employee's gross salary and the portion of the employer's share equal to one and three quarters percent (1.75%) of gross salary.
2 All other terms and conditions of the Agreement not modified herein shall remain in force and effect.
IN WITNESS WHEREOF, City and City Manager have caused this Second Amendment to City Manager Employment Agreement to be executed this 31st day of October, 2023.
"City"
City of Glendale, a charter city
and municipal corporation
Danes 10/31/23 By:
Mayor
"City Manager"
Roubik R. Golanian
10/38/23
Dated:
Roubik R. Golanian
Approved as to Form:
MICHAEL J. GARCIA, CITY ATTORNEY
Dated: 10/27/23 ex Mall fame
Michael J, Garcia
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