CC - Item 5E - Approval of First Amendment to City Clerk Employment AgreementROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: BILL MANIS, CITY MANAGER, �c1
DATE: SEPTEMBER 12, 2017
SUBJECT: APPROVAL OF FIRST AMENDMENT TO CITY CLERK
EMPLOYMENT AGREEMENT
SUMMARY
The City and the City Clerk entered into an Employment Agreement ("Agreement") on July 26,
2016. 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 "meets
expectation" review with a 3.6 rating. The City Council may grant a 2% salary increase to the
City Clerk.
The City Clerk's current annual salary is $96,521, which includes a 1% increase on July 1, 2017
to cover the 1 % employee's contribution towards CalPERS. A 2% increase would bring the City
Clerk's total annual salary to $98,452.
STAFF RECOMMENDATION
It is recommended that the City Council consider approving the First Amendment to the City
Clerk Employment Agreement granting a 2% salary increase to the City Clerk.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Rachel Richman, City Attorney
Attachment — Contract Amendment
ITEM NUMBER: 5c
Attachment
Contract Amendment
FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF ROSEMEAD AND MARC DONOHUE
AMENDMENT NO.1
This First Amendment (the "First Amendment") is made and entered into effective September
12, 2017, by and between the City of Rosemead, California, a municipal corporation (the "City")
and Marc Donohue, an individual (the "City Clerk"). The City and the City Clerk are sometimes
individually referred to as a "Party" and collectively as "Parties."
RECITALS
A. The Parties entered into an Employment Agreement (the "Agreement") on July 26, 2016.
B. On July 1, 2017, the City Council approved an adjustment to employee benefits for the
City Clerk, which resulted in a 1 % 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 "meets expectation" review
with a 3.6 rating.
E. The City Council desires to implement a 2% increase in the City Clerk's annual salary to
a total of $98,452.
F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's
annual salary.
OPERATIVE PROVISIONS
AMENDMENT
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 $98,452.
2. REMAINDER UNCHANGED
Except as specifically modified and amended in this First Amendment, the Agreement
remains in full force and effect and binding upon the parties.
3. INTEGRATION
This First 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 First Amendment.
4. EFFECTIVE DATE
This First 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
First Amendment.
6. REFERENCES
All references to the Agreement include all their respective terms and provisions. All
defined terms utilized in this First Amendment have the same meaning as provided in the
Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date
first indicated above.
City City Clerk
CITY OF ROSEMEAD Marc Donohue
A Municipal Corporation An Individual
Polly Low
Mayor
ATTEST:
By:
Marc Donohue
City Clerk
APPROVED AS TO FORM:
BY:
Rachel H. Richman
City Attorney
2
Marc Donohue
City Clerk