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HomeMy WebLinkAboutReso 25-2012 RESOLUTION NO. 25-2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN BARRY M. NAGEL AND THE CITY OF SOUTH SAN FRANCISCO FOR SERVICE AS CITY MANAGER WHEREAS, the City Council approved by resolution on July 14, 2004, an employment agreement with Barry M. Nagel for City Manager and Executive Director of the Redevelopment Agency of the City of South San Francisco; and, WHEREAS, the City of South San Francisco and Barry M. Nagel 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. 7 to the Employment Agreement, attached hereto as Exhibit A, is hereby approved; and BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Amendment No. 7 to the Employment Agreement 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 28 day of March, 2012 by the following vote: AYES: Councilmembers Mark Addiego, Karyl Matsumoto, and Kevin Mullin, Vice Mayor Pedro Gonzalez and Mayor Richard A. Garbarino NOES: None ABSTAIN: None ABSENT: None ATTES T "lira � i f y Clerk AMENDMENT NO. 7 TO THE EMPLOYMENT AGREEMENT BETWEEN BARRY M. NAGEL AND THE CITY OF SOUTH SAN FRANCISCO DATED SEPTEMBER 1, 2004 RECITALS 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 City Council has previously approved Amendments No. 1, 2, 3, 4, 5 and 6 to said agreement; WHEREAS, the parties desire to further amend the Agreement to modify and extend the term of the City Manager. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 2(A) is hereby amended to read as follows: A. The term of this Agreement shall be from January 1, 2012 through December 31, 2013. NAGEL 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 4(C) is hereby added to read as follows: C. The Retirement Health Savings Plan provisions will apply to NAGEL as follows: 1. Mandatory Employee Compensation Contributions — The City will make mandatory contributions of NAGEL compensation to the Retirement Health Savings Plan (RHS) plan as follows: Reduction of salary of $250 per pay period to be deposited into the RHS plan. 2. Mandatory Employee Leave Contributions — NAGEL shall contribute accrued leave to the RHS plan as follows: (a) Annual payout of 100% of Unused Accrued Administrative Leave, and 100% of Excess Unused Accrued Vacation Leave; (b) At retirement or separation, payment of 100% of Unused Accrued Sick Leave, 100% of Unused Accrued Administrative Leave, and 100% of Unused Accrued Vacation Leave. For purposes of this paragraph, "Unused Accrued Sick Leave" means any sick leave which NAGEL has not attributed to Ca1PERS sick leave service credit at time of retirement. Of any remainder not attributed to sick leave 1 service credit, 100% of the remaining sick leave will be paid into NAGEL'S RHS account. In no event will the amount of sick leave paid into NAGEL'S RHS account for unused, accrued sick leave exceed 600 hours. 3. Mandatory Excess Wellness Benefit Contribution — Annual payout of 100% of unused Executive Management Wellness Benefit. All other terms of the September 1, 2004 Employment Agreement and Amendments No. 1, 2, 3, 4, 5 and 6 thereto shall remain in full force and effect. a or City of South San Francisco ;}) B M. Nagel ATTEST: AP City - / APPROVED AS TO FORM: City Attorne 1789519.2 2