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Home My WebLink About2009 CON Chris Zapata - Amendment #5 EmploymentFIFTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fifth Amendment to Employment Agreement is made and entered into this 5th day of May, 2009, 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. Said Agreement was subsequently amended on or about December 6, 2005, August 1, 2006, January 9, 2007, and May 20, 2008. C. Employer and Employee desire to amend Section 1 of the Agreement, pertaining to Term. D. Employer and Employee also desire to amend Section 7 of the Agreement, pertaining to Retirement and the employer -paid Ca1PERS member contribution. NOW, THEREFORE, in consideration of the mutual benefit to be desired therefrom, Employer and Employee agree that effective immediately, Sections 1 and 7 of the Agreement between the City and City Manager Chris Zapata (the "Agreement") are hereby amended to read as follows: Section 1 Term. The current Term of this Agreement from February, 9, 2004, through February 8, 2010, shall be extended to February 8, 2012, unless sooner terminated by the Employer or Employee as provided in Sections 9, 10, or 11 of this Agreement. Section 7 Retirement. The Employer agrees to enroll the Employee into the Public Employees ' Retirement System and to make all the appropriate contributions on the Employee's behalf, for both the Employer's share and 5% of the Employee's share, with the Employee paying 3% of the Employee's share. With the foregoing exception, each and every provision of the Employment Agreement dated January 20, 2004, as amended on or about December 6, 2005, August 1, 2006, January 9, 2007, and May 20, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CITY TIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney EMPJ O' EE l�hr s Zapata RESOLUTION NO. 2009 — 101 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO EXTEND THE TERM OF THE AGREEMENT TO FEBRUARY 8, 2012, AND TO PROVIDE THAT THE CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS MEMBER CONTRIBUTION; AND GRANTING A ONE-TIME PERFORMANCE BASED PAYMENT OF $17,500 WHEREAS, the term of the Employment Agreement (the "Agreement") between the City and City Manager Chris Zapata is currently for the period February 9, 2004 to February 8, 2010, subject to early termination provisions; and WHEREAS, the Agreement currently provides at Section 7, that the City will make all CaIPERS contributions on the City Manager's behalf, including the entire member's (employee's) portion of the contribution. On February 17, 2009, the City Council adopted Resolution No. 2009-36, providing that the City Manager shall pay 2% of the employer -paid CaIPERS contribution; and WHEREAS, it has been proposed that Section 1 of the Agreement be amended to extend the term to February 8, 2012, and that Section 7 of the Agreement be amended to provide that the City Manager shall pay a total of 3% of the employer -paid CaIPERS member contribution; and WHEREAS, it has been further proposed that the City Manager be granted a one-time performance based payment of $17,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fifth Amendment to Agreement between the City and City Manager Chris Zapata to extend the term of the Agreement to February 8, 2012, and to provide that the City Manager shall pay 3% of the employer -paid CaIPERS member contribution. BE IT FURTHER RESOLVED that the City Manager is hereby granted a one- time performance based payment of $17,500. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED and ADOPTED this 5th day of May, on Morrison, Mayor ATTEST: APPROVED AS TO FORM: ti,JAY Mic ael R. Dalla, City Clerk George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 5, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ,0da 4, 2JAJ City 1erk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-101 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE May 5, 2009 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS ZAPATA TO EXTEND THE TERM OF THE AGREEMENT TO FEBRUARY 8, 2012, TO PROVIDE THAT THE CITY MANAGER SHALL PAY 3% OF THE EMPLOYER -PAID CALPERS MEMBER CONTRIBUTION, AND GRANTING A ONE-TIME PERFORMANCE BASED PAYMENT OF $17,500 PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney The term of the Employment Agreement ("Agreement") between the City and the City Manager is currently for the period February 9, 2004 to February 8, 2010, subject to early termination provisions. The proposed Amendment would extend the term of the Agreement to February 8, 2012. The Agreement currently provides at Section 7, that the City will make all PERS contributions on the City Manager's behalf, including the entire member's (employee's) portion of the contribution. On February 17, 2009, the City Council adopted Resolution No. 2009-36, providing that the City Manager shall pay 2% of the CALPERS member contribution. The proposed Amendment would amend Section 7 of the Agreement to provide that the City Manager shall pay 3% of the CALPERS member contribution. By approval of the this resolution, the Agreement would be amended as proposed. Additionally, the resolution would authorize a performance based payment to the City Manager of $17,500. The resolution would take effect immediately. Environmental Review I NIA Financial Statement Funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. *ay Resolution Amendment to Agreement A-200 (9/99) CM NATIr ry d l t .g,g� _ LNCOilk liRATE° Office of the City Clerk Chris Zapata Amendment #5 to Employment Agreement Esther Clemente (Office of the City Clerk) Forwarded Copy of Amendment to City Manager 1243 National City Blvd., National City, CA 91950 619-336-4228 phone • 619-336-4229 fax