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RESOLUTION NO.1 02-2005
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AMENDMENT NO. 1 TO
THE EMPLOYMENT AGREEMENT BETWEEN THE
CITY OF SOUTH SAN FRANCISCO AND BARRY M.
NAGEL
WHEREAS, on September 1, 2004, the City of South San Francisco and Barry M. Nagel
entered into an Employment Agreement related to the positions of City Manager and Redevelopment
Agency Executive Director; and
WHEREAS, the parties hereto desire to amend the Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that Amendment No.1 to the Employment Agreement, attached hereto as Exhibit A and
dated September 28, 2005, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Amendment
No.1 on behalf of the City of South San Francisco.
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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 28th day of
September 2005 by the following vote:
AYES:
Councilmembers Richard A. Garbarino and Karvl Matsumoto, Mayor Pro Tern
Joseph A. F emekes and Mayor Raymond L. Green
NOES: None
ABSTAIN: None
ABSENT: Councilrnernber Pedro Gonzalez
/1 .J
ATTEST: (l1I.o,<<. (YI.I4h~
City Clerk /
782313-1
AMENDMENT NO.1 TO THE EMPLOYMENT
AGREEMENT BETWEEN BARRY M. NAGEL AND
THE CITY OF SOUTH SAN FRANCISCO DATED JULY 14,2004
THIS AGREEMENT, rnade and entered into at South San Francisco, California,
this _th day of ,2005, by and between the CITY OF SOUTH SAN
FRANCISCO, a rnunicipal corporation, hereinafter sometirnes referred to as the "CITY",
and BARRY NAGEL, an individual, hereinafter referred to as "NAGEL".
WITNESSETH:
WHEREAS, CITY and NAGEL entered into an Employment Agreement
("Agreement") effective Septernber 1, 2004; and
WHEREAS, CITY and NAGEL now desire to amend the aforementioned
Employment Agreement; and
NOW, THEREFORE, in consideration of this Agreernent, and the mutual
promises, covenants and stipulations herein contained, the parties hereto agree to amend
the Employment Agreement as follows:
1. SECTION 2(A) OF THE AGREEMENT IS HEREBY AMENDED TO READ AS
FOLLOWS:
SECTION 2. TERM, TERMINATION AND SEVERANCE PAY:
A. The term of this Agreement shall be frorn September 1, 2005, through
August 31, 2007. NAGEL agrees to remain in the exclusive employ of the CITY until
the termination date set forth herein, and neither to accept other ernployment, nor to
become employed by any other ernployer until said termination date.
2. SECTION 3(A) OF THE AGREEMENT IS HEREBY AMENDED TO READ AS
FOLLOWS:
SECTION 3. SALARY:
A. (1) CITY agrees to pay NAGEL for his services rendered pursuant hereto,
an annual salary of One Hundred Ninety Thousand Eight Hundred Forty-Eight dollars
($190,848) from September 1, 2005 through January 1, 2006. The CITY will then pay an
annual salary of One Hundred Ninety-Nine Thousand Nine Hundred Thirty-Six dollars
($199,936) from January 1,2006 to the expiration of the Ernployment Agreernent. The
aforementioned salaries are payable in installrnents at the same time other ernployees of
the CITY are paid.
3. SECTION 6(B) OF THE AGREEMENT IS HEREBY AMENDED TO READ AS
FOLLOWS:
SECTION 6. PERFORMANCE EVALUATION:
B. The City Council shall review and evaluate the performance of NAGEL in
January 2006, in accordance with specific criteria and performance expectations as
developed jointly by the City Council and NAGEL. Thereafter, the City Council shall
review and evaluate the performance of NAGEL on an annual basis. Such criteria rnay
be added to or deleted as the City Council may from time to time determine.
4. EXCEPT AS OTHERWISE AMENDED HEREIN, ALL OTHER TERMS AND
CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND
EFFECT.
CITY OF SOUTH SAN FRANCISCO
By:
Ray Green, Mayor and
Chairperson, City of South San
Francisco/South San Francisco
Redevelopment Agency
By:
BARRY M. NAGEL
ATTEST:
City Clerk
A~DAS t;ORM: .
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City Atto ey
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782003-1