HomeMy WebLinkAboutReso 120-2004RESOLUTION NO. 120-2004
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT NO. 11 TO THE
AGREEMENT BETWEEN THE CITY OF SOUTH SAN
FRANCISCO AND MICHAEL A. WILSON
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, 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. 11 to the Employment Agreement, attached hereto as Exhibit A
and dated December 27, 2004, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute
Amendment No. 11 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 special meeting held on the 27th day of
December 2004 by the following vote:
AYES: Councilmembers Richard A. Garbarino, Pedro Gonzalez, and Kary1 Matsumoto,
Mayor Pro Tem Joseph A. Femekes and Mayor Raymond L. Green
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
City Clerk
AMENDMENT NO. 11 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; Amendment No. 9 dated March 26, 2003; and Amendment No. 10
dated March 10, 2004 and
WHEREAS, WILSON retired from city service on August 31, 2004, and has thereafter
received retirement benefits as provided in the Agreement, as amended; and
WHEREAS, the parties desire to further amend the Agreement to modify the retirement
benefit provided under Section 4, Amendment No. 8 of the Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
Section 4 of Amendment No. 8 to the Employment Agreement shall be deleted
and of no further force or effect as of the effective date of this Amendment.
New Section 4 to the Agreement is hereby added to read as follows:
WILSON is entitled to purchase five (5) years additional service credit through
CALPERS ARSC program. The parties agree that all assets of the PARS Trust,
totaling Four Hundred Eighty Four Thousand Fifty Four Dollars and Forty Nine
Cents ($484,054.49) as of October 31, 2004, (which amount includes $67,597.86
provided by WILSON as a payroll deduction during his employment tenure
["Wilson Payroll Contribution"]) shall be transferred from PARS to the CITY
and thereafter the CITY shall immediately pay to CALPERS, via check, the
Wilson Payroll Contribution amount plus $170,373.96 for a total payment of Two
Hundred Thirty Seven Thousand Nine Hundred Seventy One Dollars and 82 cents
($237,971.82). CITY shall also immediately issue a check to WILSON in the
amount One Hundred Thirty Five Thousand Twenty Eight Dollars ($135,028) to
compensate WILSON for the additional tax consequences of shifting the
Amendment 11 to Wilson Agreement
o
retirement benefit from PARS to CALPERS with Additional Service Credit.
WILSON shall be responsible for all federal and state taxes related to CITY
payments specified herein. CITY shall issue to WILSON a IRS Form 1099 in the
amount of the $313,000 for 2004 for the payments made by, CITY pursuant to this
Section 4. The parties agree that the amounts specified herein are based on tax
estimates prepared by accountants retained by WILSON and the CITY. In the
event that payment made to WILSON is not equal to or within one hundred
dollars of the additional federal and state tax payable by WILSON as a result of
the payments specified herein, the parties agree to negotiate in good faith to
ensure the payment made by the CITY satisfies the additional federal and state tax
liability of Wilson for the payments specified herein.
All other terms of the December 14, 1994 Employment Agreement, as amended
by Amendments No. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 not in conflict with this
Amendment shall remain in full force and effect.
Mayor and Chairperson
City of South San Francisco/Redevelopment
Agency of South San Francisco
Michael A. Wilson
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Amendment 11 to Wilson Agreement