HomeMy WebLinkAboutReso 89-2016 (16-589)jjlb�, City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
mr South San Francisco, CA
Resolution: RES $9 -2016
File Number: 16 -589 Enactment Number: RES 89 -2016
RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND MICHAEL FUTRELL FOR SERVICE AS
CITY MANAGER.
WHEREAS, on March 12, 2014, the City Council approved by resolution an employment agreement
with Michael Futrell for services as City Manager of the City of South San Francisco and Executive
Director of the Successor Agency to the Redevelopment Agency of the City of South San Francisco
( "Employment Agreement"); and,
WHEREAS, on June 24, 2015, the City of South San Francisco approved Amendment No. 1 to the
Employment Agreement.
WHEREAS, the City of South San Francisco and Michael Futrell 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. 2 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.
2 to the Employment Agreement on behalf of the City of South San Francisco.
At a meeting of the City Council on 7/13/2016, a motion was made by Richard Garbarino, seconded by
Pradeep Gupta, that this Resolution be approved. The motion passed.
Yes: 5 Councilmember Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Vice Mayor Gupta, and Mayor Addiego
Attest by 2�;-- ;,,
Krista artinelli
Page 9
EXHIBIT A
AMENDMENT NO. 2 TO THE EMPLOYMENT AGREEMENT
BETWEEN MICHAEL FUTRELL AND THE CITY OF SOUTH
SAN FRANCISCO DATED MARCH 12, 2014
RECITALS
WHEREAS, on March 12, 2014, the City of South San Francisco and Michael Futrell
entered into an Employment Agreement for services as City Manager of the City of South San
Francisco and Executive Director of the Successor Agency to the Redevelopment Agency of the
City of South San Francisco ( "Employment Agreement "); and
WHEREAS, the parties previously entered into Amendment No. 1 to the Employment
Agreement; and
WHEREAS, the parties now seek to further amend the Employment Agreement to
modify the terms.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1(A) is hereby amended to read as follows:
A. This Agreement shall remain in full force in effect from April 7, 2014 through April
6, 2019, unless terminated by the Employer or Employee as provided in Section 9 or
Section 11 of this Agreement.
2. Section 3(A) is hereby amended to read as follows:
A. Base Salary: Employer agrees to pay Employee an annual base salary of two hundred
and fifty two thousand and fifty dollars ($252,050), effective April 27, 2016, payable
in installments at the same time that the other management employees of the
Employer are paid.
Section 7(E) is hereby added to read as follows:
E. Defined Contribution: Employer will provide a 401(a) retirement plan for Employee to
participate in. Employer will contribute a percentage of Employee's income to the plan
subject to the following limitations:
i. Employer shall only provide contributions to the plan for Employee's income in
excess of the limitation set forth in California Government Code § 7522.10(c)
($117,020 as of June 28, 2016); and
ii. Employer will not make contributions to the 401(a) plan for any portion of
Employee's pay in excess of the Section 401(a) compensation cap established in 26
U.S.C. § 401(a)(17) ($265,000 as of June 28, 2016);
iii. Contributions to the 401(a) plan shall be made at a rate, as a percentage of pay,
equal to Employer's contribution rate required to fund Employee's CalPERS defined
benefit compensation plan (25.053% as of June 28, 2016, and 27.822% effective July 1,
2016); and
iv. Employer contributions shall comply with all federal requirements governing 401(a)
plans and all state laws governing CalPERS participants.
v. Employer contributions to Employee's 401(a) plan will terminate upon the
expiration or termination of this Agreement.
All other terms of the Employment Agreement and Amendment No. 1 not modified by
this Amendment No. 2 shall remain in full force and effect.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor
City of South San Francisco
Michael Futrell
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