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HomeMy WebLinkAbout2005 CON Chris Zapata - City Manager Employment Agreement AmendmentAMENDMENT TO EMPLOYMENT AGREEMENT This Amendment to Agreement is made and entered into this 6th day of December, 2005, by and between the City of National City, a municipal corporation (hereinafter called "Employer") and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement ("the Agreement") dated January 20, 2004. B. Employer and Employee wish to amend the Agreement by amending Section 3 of said Agreement, pertaining to Employee's compensation. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that Section 3 of the Agreement is hereby amended by adding Subsection D thereto, to read as follows: D. Notwithstanding any provision of this Agreement to the contrary, Employee's base annual salary, as set forth in Subsection A, shall be reduced by ten percent to $148,500 beginning on the first pay period in January, 2006, and ending on the last pay period in December 2006. Employee's base salary shall automatically be restored to $165,000 on the first pay period in January, 2007, unless Employer and Employee mutually agree that the restoration of salary will occur on another date. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick 1.10yor ChnZapa APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION 2005 — 253 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CITY MANAGER CHRIS ZAPATA TO REDUCE THE SALARY OF THE CITY MANAGER BY TEN PERCENT WHEREAS, the City of National City and Chris Zapata entered into an employee agreement dated January 20, 2004; and WHEREAS, due to a shortfall in the City's General Fund, the City Manager has recommended that the agreement be amended to reduce his salary by ten percent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Employment Agreement with Chris Zapata amending Section 3 pertaining to compensation. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. ATTEST: 4 Mic -el R. Dalla City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on December 6, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California n City Clerk of the City of City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-253 of the City of National City, California, passed and adopted by the Council of said City on December 6, 2005. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 6, 2005 6 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CITY MANAGER CHRIS ZAPATA TO REDUCE THE SALARY OF THE CITY MANAGER BY TEN PERCENT PREPARED BY EXPLANATION Chris Zapata 4240 DEPARTMENT City Manager The City entered into an employment agreement with City Manager Chris Zapata on January 20, 2004, which agreement provided that the City Manager would receive an annual salary of $165,000. Due to a shortfall in the City's General Fund, the City Manager has recommended that his annual salary be reduced by ten percent to $148,500, beginning on the first pay period in January, 2006, and ending on the last pay period in December 2006. The City Manager's salary would automatically be restored to its current level on the first pay period in January 2007, unless he and the City Council mutually agree to another date. (-Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution Proposed amendment Resolution No., +) a4- A-200 (9/80) RESOLUTION 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND. CITY MANAGER CHRIS ZAPATA TO REDUCE THE SALARY OF THE CITY MANAGER BY TEN PERCENT WHEREAS, the City of National City and Chris Zapata entered into an employee agreement dated January 20, 2004; and WHEREAS, due to a shortfall in the City's General Fund, the City Manager has recommended that the agreement be amended to reduce his salary by ten percent. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Employment Agreement with Chris Zapata amending Section 3 pertaining to compensation. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of December, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Della City Clerk APPROVED AS TO FORM: George H. Eiser, 111 City Attorney AMENDMENT TO EMPLOYMENT AGREEMENT This Amendment to Agreement is made and entered into this 6th day of December, 2005, by and between the City of National City, a municipal corporation (hereinafter called "Employer") and Chris Zapata, an individual (hereinafter called "Employee"). RECITALS A. Employer and Employee entered into an Employment Agreement ("the Agreement") dated January 20, 2004. B. Employer and Employee wish to amend the Agreement by amending Section 3 of said Agreement, pertaining to Employee's compensation. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that Section 3 of the Agreement is hereby amended by adding Subsection D thereto, to read as follows: D. Notwithstanding any provision of this Agreement to the contrary, Employee's base annual salary, as set forth in Subsection A, shall be reduced by ten percent to $148,500 beginning on the first pay period in January, 2006, and ending on the last pay period in December 2006. Employee's base salary shall automatically be restored to $165,000 on the first pay period in January, 2007, unless Employer and Employee mutually agree that the restoration of salary will occur on another date. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor Chris Zapata APPROVED AS TO FORM: George H. Eiser, III City Attorney