HomeMy WebLinkAbout2009 CON Chris Zapata - City Manager Employment Agreement - Amendment #6SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Sixth Amendment to Employment Agreement is made and entered into
this 20th day of October, 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 December 6, 2005, August 1,
2006, January 9, 2007, May 20, 2008, and May 5, 2009.
C. Employer and Employee desire to amend Section 3 of the Agreement, pertaining
to Compensation.
D. Employer and Employee also desire to amend Section 6 of the Agreement,
pertaining to Monthly Vehicle Allowance.
NOW, TIIEREFORE, in consideration of the mutual benefit to be derived
therefrom, Employer and Employee agree that Subsection D of Section 3 of the
Agreement between the City and City Manager Chris Zapata (the "Agreement") is
hereby amended to read as follows:
Section 3 Compensation
... D. Employee shall take 80 hours of unpaid furlough leave for the
period of November 1, 2009 through June 30, 2010.
It is further agreed that Section 6 of the Agreement is hereby amended by adding
the following sentence thereto:
Employee's vehicle allowance of $750 per month shall be suspended for
the period of November 1, 2009 through June 30, 2010.
With the foregoing exceptions, each and every provision of the Employment
Agreement dated January 20, 2004, as amended on December 6, 2005, August 1, 2006,
January 9, 2007, May 20, 2008, and May 5, 2009 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.
Sixth Amendment to Employment Agreement
Page 2
October 20, 2009
CITY OF NATIONAL CITY EMPL
By:
R n Morrison, yor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Chris Zapata
RESOLUTION NO. 2009 — 257
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A SIXTH AMENDMENT TO
AGREEMENT BETWEEN THE CITY AND CITY MANAGER CHRIS ZAPATA
TO PROVIDE FOR THE SUSPENSION OF HIS $750 PER MONTH VEHICLE
ALLOWANCE, AND FOR AN UNPAID LEAVE FURLOUGH IN THE AMOUNT
OF 80 HOURS, FOR THE PERIOD OF NOVEMBER 1, 2009
THROUGH JUNE 30, 2010
WHEREAS, the City entered into an Employment Agreement (the "Agreement")
with City Manager Chris Zapata on January 20, 2004; and
WHEREAS, the Agreement was subsequently amended on December 6, 2005,
August 1, 2006, January 9, 2007, May 20, 2008, and May 5, 2009; and
WHEREAS, the City Manager has requested, in recognition of the City's structural
budget shortfall, that the Agreement be amended to provide that the City Manager shall take 80
hours of unpaid furlough leave in the amount of 80 hours, and to provide that the City Manager's
$750 per month vehicle allowance by suspended, for the period of November 1, 2009 through
June 30, 2010.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby authorizes the Mayor to execute a Sixth Amendment to Agreement
between City Manager Chris Zapata and the City to provide that the City Manager shall take 80
hours of unpaid furlough leave, and to provide that the City Manager's $750 per month vehicle
allowance be suspended, for the period of November 1, 2009 through June 30, 2010. Said Sixth
Amendment to Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of October, 2009.
on Morrison, Mayor
ATTEST:
Milli hael 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 October
20, 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
�i
City Clerk of the City o National City, Califomia
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2009-257 of the City of National City, California, passed and
adopted by the Council of said City on October 20, 2009.
City Clerk of the City of National City, California
By:
Deputy
Ccy•6 .
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE October 20, 2009 AGENDA ITEM NO.
25
ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE
MAYOR TO EXECUTE A SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT WITH CITY MANAGER CHRIS
ZAPATA TO PROVIDE FOR THE SUSPENSION OF HIS $750 PER MONTH VEHICLE ALLOWANCE, AND FOR
AN UNPAID FURLOUGH LEAVE IN THE AMOUNT OF 80 HOURS, FOR THE PERIOD OF NOVEMBER 1. 2009
THROUGH JUNE 30, 2010
PREPARED BY George H. Eiser, III 1)
(Ext. 4221)
EXPLANATION
4/
DEPARTMENT City Attorney
Section 3 of the Employment Agreement between the City and the City Manager Chris Zapata
contains the provisions pertaining to the City Manager's salary.
Section 6 of the Employment Agreement pertains to the City Manager's vehicle allowance.
In recognition of the City's structural budget shortfall, the City Manager is requesting that his
Employment Agreement be amended to:
• Provide for the suspension of his $750 per month vehicle allowance for the period of
November 1, 2009 through June 30, 2010.
• Provide for an unpaid furlough leave of 80 hours for the same time period.
The proposed resolution would authorize the City to enter into a Sixth Amendment to the City
Manager's Employment Agreement to implement the requests described above by revising Sections 3
and 6 of the Agreement.
•
Environmental Review I N/A
Financial Statement
Approved By:
Finance Director
Approval would result in a savings of $13,150 to the General Fund.
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No. "O ° - ` �t
Resolution
Amendment to Agreement
A-200 (9/99)
CALIF9R1OI -o
NATIoNALcirry
iscoRr on AT
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336.4228 phone • 619-336-4229 fax
CHRIS ZAPATA
Amendment #6 to Employment Agreement
Esther Clemente (City Clerk) Forwarded
Copy of Amendment to Employee