Loading...
HomeMy WebLinkAbout2006 CON Chris Zapata - Second Amend. Emp. Agree.SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment to Employment Agreement is made and entered into this 1st day of August, 2006, 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. On or about December 6, 2005, Employer and Employee amended Section 3 of the Agreement, pertaining to Employee's compensation, by adding Subsection D thereto, which reduced Employee's salary by ten percent (10%). C. Employer and Employee wish to amend the Agreement by again amending Section 3 of said Agreement, to delete Subsection D of Section 3 from the Agreement, in order to restore Employee's salary to its original level, effective July 18, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective July 18, 2006, Section 3 of the Agreement is hereby amended to read as follows: Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $165,000, payable in installments at the same time that the other executive employees of the Employer are paid. B. This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies. C. Consideration shall be given on an annual basis to increase salary, based upon increases in the Consumer Price Index. Any additional increase in salary shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, shall remain in full force and effect. Second Amendment to Employment Agreement August 1, 2006 Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2006 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA TO RESTORE THE FULL SALARY OF THE CITY MANAGER, AND TO GRANT TO THE CITY MANAGER THE EXECUTIVE LEVEL RETENTION INCENTIVE GRANTED TO OTHER EXECUTIVE EMPLOYEES WHEREAS, the City of National City and Chris Zapata entered into an employment agreement dated January 20, 2004; and WHEREAS, due to a shortfall in the City's General Fund, upon the recommendation of the City Manager, the City Council in December, 2005, amended the employment agreement to reduce the salary of the City Manager by 10%, to $148,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to Employment Agreement with Chris Zapata amending Section 3 pertaining to compensation, to restore the City Manager's salary to $165,000, effective July 18, 2006. Said Amendment is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is granted a one-time executive level retention incentive of $3,500. PASSED and ADOPTED this 1st day of August, 2006. ATTEST: A Micha-I Dalla, Clerk APPROVED AS TO FORM: George H. iser, III City Attorney Passed and adopted by the Council of the City of National City, California, on August 1, 2006, by the following vote, to -wit: Ayes: Councilmembers: Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City oNational City, California 4 City,6lerk of the Cily of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-155 of the City of National City, California, passed and adopted by the Council of said City on August 1, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 1, 2006 7 AGENDA ITEM NO. L ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA TO RESTORE THE FULL SALARY OF THE CITY MANAGER, AND TO GRANT TO THE CITY MANAGER THE EXECUTIVE VEL RETENTION INCENTIVE GRANTED TO OTHER EXECUTIVE EMPLOYEES ,/�/�LEL! PREPARED BY George H. Eiser, III (-' DEPARTMENT City Attorney EXT. 4221 EXPLANATION 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, and upon the recommendation of the City Manager, in December, 2005 the City Council amended the employment agreement to reduce the salary of the City Manager by 10% to $148,500. The amendment provided that the City Manager's salary would automatically be restored to its original level on the first pay period in January, 2007, unless he and the City Council mutually agreed to another date. With the passage of Proposition D, the City Council has expressed its desire to restore the City Manager's salary to its original level. Further, the Council wishes to grant to the City Manager an executive level retention incentive, as granted to other executive level employees, in the amount of $3,500. The proposed resolution would authorize an amendment to the City Manager's employment agreement to restore his salary to $165,000, effective July 18, 2006, and would authorize payment of a $3,500 one-time executive level retention incentive. CEnvironmental Review (Financial Statement Funds are budgeted. >STAFF RECOMMENDATION Adopt resolution. N/A MIS Approval Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Second Amendment to Agreement Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA TO RESTORE THE FULL SALARY OF THE CITY MANAGER, AND TO GRANT TO THE CITY MANAGER THE EXECUTIVE LEVEL RETENTION INCENTIVE GRANTED TO OTHER EXECUTIVE EMPLOYEES WHEREAS, the City of National City and Chris Zapata entered into an employment agreement dated January 20, 2004; and WHEREAS, due to a shortfall in the City's General Fund, upon the recommendation of the City Manager, the City Council in December, 2005, amended the employment agreement to reduce the salary of the City Manager by 10%, to $148,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to Employment Agreement with Chris Zapata amending Section 3 pertaining to compensation, to restore the City Manager's salary to $165,000, effective July 18, 2006. Said Amendment is on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Manager is granted a one-time executive level retention incentive of $3,500. PASSED and ADOPTED this 1st day of August, 2006. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND AMENDMENT TO EMPLOYMENT AGREEMENT This Second Amendment to Employment Agreement is made and entered into this 1st day of August, 2006, 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. On or about December 6, 2005, Employer and Employee amended Section 3 of the Agreement, pertaining to Employee's compensation, by adding Subsection D thereto, which reduced Employee's salary by ten percent (10%). C. Employer and Employee wish to amend the Agreement by again amending Section 3 of said Agreement, to delete Subsection D of Section 3 from the Agreement, in order to restore Employee's salary to its original level, effective July 18, 2006. NOW, THEREFOR, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective July 18, 2006, Section 3 of the Agreement is hereby amended to read as follows: Section 3 Compensation A. Base Salary: Employer agrees to pay Employee an annual base salary of $165,000, payable in installments at the same time that the other executive employees of the Employer are paid. B. This Agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies. C. Consideration shall be given on an annual basis to increase salary, based upon increases in the Consumer Price Index. Any additional increase in salary shall be dependent upon the results of the performance evaluation conducted under the provisions of Section 12 of this Agreement. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, shall remain in full force and effect. Second Amendment to Employment Agreement August 1, 2006 Page 2 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 APPROVED AS TO FORM: George H. Eiser, III City Attorney Chris Zapata