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CC - Item 6A - Approval of Third Amendment to City Clerk Employment AgreementROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER � N` DATE: APRIL 27, 2021 SUBJECT: APPROVAL OF THIRD AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT SUMMARY The City and the City Clerk entered into an Employment Agreement ("Agreement") on April 10, 2018. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectations" review with a 5 rating. A substantially exceeds expectations review entitles the City Clerk to a 5% salary increase. A 5% increase would bring the City Clerk's total annual salary to $113,949.06. In addition, the amendment would change the current severance of 9 -month pay and benefits to 12 -months pay and benefits in the event of a not for cause termination by the City Council. STAFF RECOMMENDATION That the City Council take the following actions: 1. Consider approving the Third Amendment to the City Clerk Employment Agreement granting a 5% salary merit increase for a "substantially exceeds expectations" performance evaluation; and 2. Consider approving an amendment that would change the current severance of 9 -months pay and benefits to 12 -months pay and benefits; and 3. Consider approving Resolution no. 2021-16, amending the Comprehensive Salary Schedule for FY 2020-21. STRATEGIC PLAN IMPACT - None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. AGENDA ITEM 6.A City Council Meeting April 27, 2021 Page 2 of 2 Attachment: a. Amendment to City Clerk Employee Agreement b. Resolution No. 2021-16 - amending the Comprehensive Salary Schedule for FY 2020-21 Attachment A Amendment to City Clerk Agreement THIRD AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO.3 This Third Amendment (the "Third Amendment") is made and entered into effective April 27, 2021, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a "Parry" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On April 13, 2021, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 5% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectation" review with a 5 rating. E. The City Council also desires change the current severance of 9 -month pay and benefits to 12 -months pay and benefits. F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary and change in severance. OPERATIVE PROVISIONS 1. AMENDMENTS Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be a total of $113,949.06. Section D (1) of the Agreement is hereby amended to read as follows: In the event the City Clerk is terminated, by the City Council during such time that the City Clerk is willing and able to perform the City Clerk' s duties under this Agreement, then in that event the City agrees to pay the City Clerk severance payment equivalent to twelve (12) months of compensation in effect as provided herein. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This Third Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. 4. EFFECTIVE DATE This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City City Clerk CITY OF ROSEMEAD Ericka Hernandez A Municipal Corporation An Individual By: Polly Low Mayor ATTEST: By: Gloria Molleda City Manager APPROVED AS TO FORM: By: Rachel H. Richman City Attorney 2 Ericka Hernandez City Clerk Attachment B Resolution No. 2021-16 RESOLUTION NO. 2021-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, CALIFORNIA, AMENDING RESOLUTION NO. 2020-07 ESTABLISHING THE COMPREHENSIVE SALARY SCHEDULE FOR ALL FULL- TIME CLASSIFICATIONS IN THE CITY OF ROSEMEAD WHEREAS, THE FOLLOWING classifications in the City of Rosemead ("City") are critical to the efficient and effective operations of the City; WHEREAS, the City Council desires to establish the compensation levels for full-time classifications in the City; NOW THEREFORE, BE IT RESOLVED that the Comprehensive Salary Schedule for full-time employees for FY 2020-21, as amended is effective April 27, 2021. PASSED, APPROVED, AND ADOPTED this 27th day of April, 2021. Polly Low, Mayor APPROVED AS TO FORM: ATTEST: Rachel Richman, City Attorney Ericka Hernandez, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) § CITY OF ROSEMEAD ) I, Ericka Hernandez, City Clerk of the City Council of the City of Rosemead, California, do hereby certify that the foregoing City Council Resolution No. 2021-16, was duly adopted by the City Council of the City of Rosemead, California, at a regular meeting thereof held on the 27th day of April, 2021, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Ericka Hernandez, City Clerk City of Rosemead FY 2020-21 Salary Ranges and Job Classifications FULL TIME EMPLOYEES As Amended April 27, 2021 Position Title Group Monthly Salary Minimum Maximum Rounded to the nearest dollar Accounting Specialist GENERAL 3,664 4,565 Administrative Analyst MM, P&C 4,793 5,911 Administrative Assistant GENERAL 3,953 4,918 Administrative Specialist MM, P&C 4,122 5,410 Assistant City Manager MANAGEMENT 10,812 14,921 Assistant Planner GENERAL 4,826 6,139 Associate Civil Engineer MM, P&C 6,564 8,054 Associate Planner MM, P&C 5,676 6,969 City Clerk APPOINTED 9,496 9,496 City Council ELECTED 1,119 1,119 City Engineer MM, P&C 8,221 11„345 City Manager APPOINTED 19,417 19,417 Civil Engineering Assistant GENERAL 5,967 7,322 Code Enforcement Officer GENERAL 4,300 5,449 Deputy City Clerk MM, P&C 5,544 6,758 Director of Community Development MANAGEMENT 9,824 13,557 Director of Finance MANAGEMENT 9,824 13,557 Director of Parks & Recreation MANAGEMENT 9,824 13,557 Director of Public Works MANAGEMENT 9,824 13,557 Executive Asst To The City Mgr MM, P&C 4,904 6,024 Facilities Technician GENERAL 3,880 4,794 Finance Manager MM, P&C 8,033 9,737 Housing Project Coordinator GENERAL 4,546 6,274 Human Resources Analyst MM, P&C 5,307 6,414 Human Resources Manager MM, P&C 7,346 9,089 Human Resources Specialist GENERAL 4,227 5,313 Maintenance Lead Worker GENERAL 4,183 5,337 Maintenance Worker GENERAL 3,548 4,649 Management Analyst MM, P&C 5,082 6,470 Office Specialist GENERAL 3,031 3,769 Planning & Economic Development Manager MM, P&C 7,973 9,714 Public Safety Manager MM, P&C 6,590 8,917 Public Safety Supervisor MM, P&C 5,991 8,106 Public Works Inspector GENERAL 4,991 6,080 Public Works Manager MM, P&C 7,729 9,500 Recreation Coordinator GENERAL 4,222 5,131 Recreation Manager MM, P&C 7,046 8,642 Recreational Supervisor MM, P&C 5,370 6,755 Senior Accounting Specialist GENERAL 4,106 5,378 Senior Code Enforcement Officer MM, P&C 5,468 6,858 Senior Management Analyst MM, P&C 5,769 7,035