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HomeMy WebLinkAboutReso 24-2004RESOLUTION NO. 24-2004 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOI,UTION APPROVING AMENDMENT NO. 10 TO THE EMPI,OYMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MICHAEL A. V~flI,SON WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and WHEREAS, said Employment Agreement was revised by Amendment No. 1 approved by the City Council on December 13, 1995; and WHEREAS, said Employment Agreement was further revised by Amendment No. 2, approved by the City Council on May 22, 1996; and WHEREAS, said Employment Agreement was further revised by Amendment No. 3, approved by the City Council on November 27, 1996; and WHEREAS, said Employment Agreement was further revised by Amendment No. 4, approved by the City Council on March 11, 1998; and WHEREAS, said Employment Agreement was further revised by Amendment No. 5, approved by the City Council on March, 1999; and WHEREAS, said Employment Agreement was further revised by Amendment No. 6, approved by the City Council on April 12, 2000; and WHEREAS, said Employment Agreement was further revised by Amendment No. 7, approved by the City Council on March 28, 2001; and WHEREAS, said Employment Agreement was further revised by Amendment No. 8, approved by the City Council on March 27, 2002; and WHEREAS, said Employment Agreement was further revised by Amendment No. 9, approved by the City Council on March 26,2003; and WHEREAS, the parties hereto desire to further amend the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that Amendment No. 10 to the Employment Agreement, a copy of which is attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Amendment No. 10 on behalf of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 10th day of March 2004 by the following vote: AYES: Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez, Vice Mayor Raymond L. Green, and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: City Clerk AMENDMENT NO. 10 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL A. WILSON AND THE CITY OF SOUTH SAN FRANCISCO DATED DECEMBER 14, 1994 RECITALS WHEREAS, on December 14, 1994, the City of South San Francisco and Michael A. Wilson entered into an Employment Agreement related to the positions of City Manager and Redevelopment Agency Executive Director; and WHEREAS, said Employment Agreement was revised by Amendment No. 1 dated December 13, 1995, Amendment No. 2 dated May 22, 1996, Amendment No. 3 dated November 27, 1996, Amendment No. 4 dated March 11, 1998; Amendment No. 5, dated March 1999; Amendment No. 6, dated April 12, 2000; Amendment No. 7 dated March 28, 2001; Amendment No. 8 dated March 27, 2002; and Amendment No. 9 dated March 26, 2003; and WHEREAS, the parties desire to further amend the Agreement to reduce the term and modify the base salary amount. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2(A) is hereby amended to read as follows: 1. The term of this Agreement shall be from January 23, 2003 through September 1, 2004. WILSON agrees to remain in the exclusive employ of the CITY until the termination date set forth herein, and neither to accept other employment nor to become employed by any other employer until said termination date. 2. Section 3(A), subdivision 1 is hereby amended to read as follows: A(1) CITY agrees to pay WILSON for his services rendered pursuant hereto, an annual salary of One Hundred Ninety Five Thousand Six Hundred and Sixty Thousand Dollars ($195,660) payable in installments at the same time other employees of the City are paid. In addition, CITY shall pay to WILSON a one time bonus of Five Thousand Eight Hundred and Twelve Dollars ($5,812) payable in a lump sum on June 1, 2004. Said bonus shall not be considered annual salary for purposes of PERS or other retirement benefits calculations. 3. Section 4(b)(2) of Amendment No. 8 to the Employment Agreement shall be 683700-1 o with the City of South San Francisco. For each full year of vesting service credit earned pursuant to this subparagraph (2), WILSON shall receive an additional 0.0833% for Total City and Prior CALIPERS Service. For any portion of a full year in years 2 and 3 of the prospective vesting period, WILSON shall receive proportionate credit for each full month of employment during the 12 month time periods between January 24, 2003 and January 23, 2004 and shall receive an additional vesting service credit of .0119 per month for each month worked between January 24, 2004 and August 23, 2004. Under this formula, WILSON shall be fully vested at the .5% retirement benefit as of August 23, 2004. Subsection (c) of Section 4 of Amendment 8 is hereby amended as follows: Co WILSON shall only be entitled to receive the retirement benefit provided herein if he elects to enroll in the PARS Supplement Program set forth herein within thirty (30) days after it is established by the CITY and if he agrees to pay from his compensation set forth in Section 3A of the Employment Agreement the annual cost to the CITY to fund the benefit to WILSON as determined by PARS during the term of WILSON'S employment with the CITY. WILSON currently contributes Two Thousand Three Hundred and Ninety Five Dollars ($2,395) per month as payment for the CITY's annual cost to fund the PARS Supplemental Program benefit. Said contribution shall be increased by Eight Hundred and Fifty Dollars ($850) for a total monthly contribution of Three Thousand Two Hundred and Forty Five Dollars ($3,245) per month from January 24, 2004 to September 1, 2004. WILSON shall also make a one time lump sum payment to the CITY in the amount of Five Thousand Eight Hundred and Twelve Dollars ($5,812) on June 1, 2004. Said increase in salary, as shown in Section 3(A) of Amendment No. 10 shall be effective as of January 23, 2004. All other terms of the December 14, 1994 Employment Agreement, as amended by Amendments No. 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall remain in full force and effect. ATTEST: City Clerk APPROVED AS TO FORM: Mayor and Chairperson City of South San Francisco/Redevelopment Agency of South San Francisco City Attorney 6837 Michael A. Wilson