DRAFT 6/28/23 _______
T-OCA-160023/68187 1
EIGHTH AMENDMENT TO AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SUNNYVALE AND
JOHN A. NAGEL
THIS EIGHTH AMENDMENT TO THE AGREEMENT FOR SERVICES is
entered into this _____ day of July 2023, by THE CITY COUNCIL OF THE CITY OF SUNNYVALE (“City Council”) and JOHN A. NAGEL (“Employee”).
WHEREAS, on December 15, 2015, the City Council and Employee entered into an Agreement for Services (the “Agreement”); and
WHEREAS, on August 9, 2016, July 25, 2017, July 17, 2018, and July 30, 2019, July 28, 2020, and June 29, 2021, and July 12, 2022 at its regular meetings, the City Council approved increases to the Employee’s salary; and
WHEREAS, on July 11, 2023, at its regular meeting, the City Council approved an approximate five percent (5%) increase to the City Attorney’s salary to the top of the current salary range and a one-time additional cashout of 200 hours from Employee’s Paid Time Off (“PTO”) balance.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 5, Subsection “A” is hereby amended to read as follows:
Section 5. Salary
A. The Employee’s starting salary was set at two hundred five thousand dollars ($205,000) per annum. Effective the pay period including July 17, 2016, the Employee’s salary was increased to two hundred sixteen thousand one hundred twenty-two dollars ($216,122) per annum. Effective the pay period beginning July 16, 2017, the Employee’s salary was increased to two hundred twenty-two thousand six hundred sixty-nine dollars ($235,573) per annum. Effective the pay period including July 17, 2018, the Employee’s salary was increased to two hundred forty-nine thousand seven hundred and eight dollars ($249,708) per annum. Effective the pay period including July 28, 2019, the Employee’s salary was increased to two hundred sixty-four thousand six hundred ninety dollars ($264,690) per annum. Effective the pay period including July 26, 2020, the Employee’s salary was increased to two hundred seventy-seven thousand nine hundred twenty-five dollars ($277,920) per annum. Effective the pay period including July 11, 2021, the Employee’s salary was increased to two hundred ninety thousand four hundred thirty-two dollars ($290,432) per annum. Effective the pay period including July 24, 2022, the Employee’s salary was increased to three hundred four thousand nine hundred fifty-four dollars ($304,954) per annum. Effective the pay period including July 23, 2023, the Employee’s salary shall be increased to three hundred twenty thousand dollars ($320,000) per annum.
Attachment 2
DRAFT 6/28/23 _______
T-OCA-160023/68187 2
2. Section 6, Subsection “B(2)” is hereby added to read as follows:
B(2). Additional PTO Cash Out in 2023 Calendar Year. In addition to any PTO cashout for which Employee is otherwise eligible, the City shall cash out two hundred (200) additional hours from Employee’s existing PTO balance in the pay period including July 23, 2023, or as soon thereafter as practicable to implement such cashout.
3. All of the terms and conditions of the Agreement not specifically modified by this Amendment remain in full force and effect.
WITNESS THE EXECUTION HEREOF, on the day and year first written above.
CITY OF SUNNYVALE
By _______________________________
LARRY KLEIN
Mayor
Dated: ____________________
EMPLOYEE
____________________________________
JOHN A. NAGEL
Dated: ____________________
ATTEST:
__________________________________
DAVID CARNAHAN
CITY CLERK
APPROVED AS TO FORM:
__________________________________
MELISSA C. TRONQUET
SR. ASSISTANT CITY ATTORNEY
Attachment 2