ADDENDUM #1 TO
CITY MANAGER EMPLOYMENT CONTRACT
This Addendum to City Manager Employment Agreement (“Addendum”) is entered into this ___ day of November, 2024, by and between the City of San Marcos, a charter city (“City”), and Michelle Bender, an individual (“Bender”), with respect to that certain City Manager Employment Agreement dated the 15th of September, 2023 (“Agreement”). City and Bender may hereafter be referred to individually as “Party” and collectively as the “Parties.” NOW, THEREFORE, the Parties agree as follows:
1. The terms and definitions used herein are those set forth in the Agreement.
2. The Parties hereby agree to a two (2) year extension of the initial contract term as set forth in Section 1 of the Agreement. As the initial Agreement term was four (4) years, this Addendum operates to extend the term to six (6) years. The initial term will now expire September 14, 2029, provided the Agreement as amended by this Addendum is not terminated by either Party under Section 6.
3. The Parties hereby agree in accordance with Section 7(A) of the Agreement, that Bender will receive a 6.00% merit increase. The 6.00% will be calculated on Bender’s base salary as effective on September 15, 2024, which includes the same cost of living adjustment as other management-level City employees, and will be applied retroactively to commence with pay period starting on September 13, 2024.
4. The Parties hereby further agree in accordance with Section 8(C) of the Agreement, that Bender will receive deferred compensation equal to Thirty Thousand dollars ($30,000) per year.
5. The Parties hereby further agree in accordance with Section 9 (A)(1) of the Agreement, that Bender will receive a one-time additional 80 hours of executive leave, in addition to the agreed upon 80 hours, totaling 160 hours of executive leave.
6. The Parties hereby further agree to add an additional benefit of a 1.00% base salary contribution to the City’s Retiree Health Saving (RHS) account as the group election of the City Manager group, to be contributed per pay period.
7. This Addendum and the Agreement contain the entire agreement between the Parties with respect to the subject matter hereof, and they supersede all prior or contemporaneous agreements in connection with the subject matter. No amendment or modification of this Addendum or the Agreement shall be binding unless executed in writing by the Parties hereto. Except as expressly modified herein, the terms and provision of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties have caused this Addendum to be entered into as of the date first set forth above.
CITY: BENDER:
THE CITY OF SAN MARCOS, a MICHELLE BENDER, an individual chartered municipal corporation
By:___________________________ By: ___________________________ Rebecca D. Jones, Mayor Michelle Bender