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2022-25 McMillen, Jon - CM Employment Agreement Amendment 1FIRST AMENDMENT TO EMPLOYMENT AGREEMENT This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") is made and entered as of October 4, 2022 (the "Amendment Effective Date"), by and between the City of La Quinta, a public body (the "City" or "Employer"), and Jon McMillen, an individual (the "Employee"), both of whom understand as follows: WITNESSETH: WHEREAS, the City desires to continue to employ the services of Employee as the City Manager as provided by the La Quinta Municipal Code; and WHEREAS, the City and Employee entered into that certain EMPLOYMENT AGREEMENT made and entered July 1, 2022 ("Original Agreement"), which is the operative agreement for the city manager's employment with the City; and WHEREAS, it is the desire of the City to amend certain conditions of employment of said Employee as contemplated in the Original Agreement; and WHEREAS, Employee desires to accept the continued employment as City Manager of said City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to the following amendment to the Original Agreement, as follows: AMENDMENT: Section 6 of the Original Agreement is deleted in its entirety and amended, to read: Section 6. Salary. A. Employer agrees to pay Employee for his services rendered pursuant hereto a base salary of $250,000.00 ("Employee Base Salary") from July 1, 2022 ("Base Salary Effective Date"), payable in equal installments at the same time as other employees of the Employer are paid. For the first fiscal year commencing from the Base Salary Effective Date, Employee shall be deemed at Step 10 under the 2022/23 salary schedule in effect as of the Amendment Effective Date ("Applicable Salary Schedule") notwithstanding an inconsistency with the Employee Base Salary set forth in this Amendment (which applies for the first fiscal year) and the salary identified for the city manager in the Applicable Salary Schedule. Commencing on the second fiscal year after the Base Salary Effective Date (commencing July 1, 2023), and for each fiscal year thereafter in which Employee is employed pursuant to the Original Agreement (as may be amended including by this Amendment), page 1 Employee's base salary for the applicable fiscal year shall be the base salary that corresponds to the step level for the full time employee position of city manager as set forth in the Applicable Salary Schedule. Employer may review the base salary and/or other benefits of Employee at the time of an annual evaluation which shall be initiated in May or June for each year of the Term. Employer may recommend adjustments to salary and/or other benefits to be memorialized by written amendment to the Original Agreement. B. In addition to the annual base salary in Paragraph A above, Employee shall be entitled to $30,000.00 in annual deferred compensation. Any deferred compensation authorized pursuant to this paragraph shall be paid directly to a qualified retirement plan or supplemental retirement plan for Employee pursuant to the United States Internal Revenue Code or other lawful retirement plan authorized pursuant to applicable federal or state law (commonly referred to as a deferred compensation plan). Prior to any payment of deferred compensation to Employee pursuant to this paragraph, the City Council shall establish and authorize, if not previously established and authorized, the maintaining of a supplemental retirement plan in accordance with applicable law. Deferred compensation to Employee shall not be a payroll deduction and shall not be deemed or reported to the California Public Employees' Retirement System ("CaIPERS") as "compensation earnable" as long as such deferred compensation is paid directly to the supplemental retirement plan qualified for treating the deferred compensation as such. Any payment of deferred compensation pursuant to this paragraph to be paid to a supplemental retirement plan shall be paid no later than December 31 after the immediately completed prior fiscal year. In explanation of the previous sentence, any deferred compensation to a supplemental retirement plan shall be paid, for fiscal year 2022-23, no later than December 31, 2023. After the City Council duly establishes and authorizes the maintaining of the supplemental retirement plan, the City Council authorizes Employee or his designee(s) to execute any documents necessary or proper to maintain the supplemental retirement plan prior to any payment of deferred compensation to Employee. MISCELLANEOUS: Except as specifically defined in this Amendment, all capitalized words and phrases shall have the same meaning ascribed to them in the Original Agreement. The Original Agreement and this Amendment shall constitute the entire agreement between the parties. Except as expressly amended by this Amendment, page 2 all of the terms and conditions in the Original Agreement remain in full force and effect. If any provision, or any portion thereof, contained in this Amendment is held unconstitutional, invalid or unenforceable, the remainder of this Amendment and the Original Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. This Amendment may be signed in counterparts with signature pages transmitted by email, facsimile, personal delivery or overnight delivery, all of which will be treated as originals. [signatures on next page] page 3 IN WITNESS WHEREOF, the City of La Quinta has caused this Amendment to be signed and executed in its behalf by its Mayor, and duly attested by its City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, to become effective as of the Amendment Effective Date. ATTEST: Monika Radeva, CITY CLER City of La Quinta, California (City Seal) APPROVED AS TO FORM: William H. Ihrke, CITY ATTORNEY City of La Quinta, California EMPLOYER: CITY OF LA QUINTA By: LINDA EVANS Mayor of the City of La Quinta EMPLOYEE: By: Jo ► ' illen, an individual page 4 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETING: October 4, 2022 STAFF REPORT AGENDA TITLE: APPROVE FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE CITY MANAGER RECOMMENDATION Approve First Amendment to Employment Agreement for the City Manager. EXECUTIVE SUMMARI • At its June 21, 2022 Regular Meeting, the Council approved City Manager Jon McMillen's current employment agreement, effective July 1, 2022. • The current agreement memorialized Council's decision to extend the employment term for three years but kept in place, subject to future revision, compensation provisions that were from the original employment agreement, originally effective July 1, 2019. • The proposed First Amendment to Employment Agreement (Agreement) (Attachment 1) would modify the compensation provisions based on the Council's favorable annual performance evaluation and comparable salaries and benefits of other city managers in the Coachella Valley. FISCAL 1M1'AL I If the amendment is adopted, base salary for the current fiscal year would be $250,000, and the City Manager would be deemed at Step 10 for purposes of classification under the currently operative 2022/23 Salary Schedule for full time management employees. In the following fiscal years, base salary would be tied to step level for the city manager position pursuant to the 2022/23 Salary Schedule. Also, if the amendment is adopted, compensation would include $30,000 in annual deferred compensation, subject to being paid to a qualified retirement or supplemental retirement plan. The City Manager will continue to receive the same fringe benefits as authorized for all City management employees. BACKGROUND/ANALYSIS In February 2019, the City hired an independent consulting firm with expertise in city management recruitment to assist the Council in the process of hiring a new city manager. After a national recruitment that attracted 72 applicants from around the country, the list of finalists was narrowed to six semi-finalists 49 and two finalists after discussions in closed session with Council, a series of interviews with candidates, and a thorough review of references, among other recruiting actions. At its May 21, 2019 Regular Meeting, the Council unanimously voted (5-0 in favor) to appoint Mr. McMillen as City Manager, effective July 1, 2019, and to approve terms and condition of a three-year employment agreement. At its June 21, 2022 Regular Meeting, the Council approved a new employment agreement, effective July 1, 2022, for an additional three-year term but kept in place, subject to future revision, compensation provisions that were from the original employment agreement. The proposed Amendment modifies the current agreement's base salary and deferred compensation provisions as outlined in the Fiscal Impact above. The modified compensation package brings the City Manager's base salary and deferred compensation more in line with the 2022/23 Salary Schedule for the City's full time management employees (Attachment 2) and comparable salaries and benefits of other city managers in the Coachella Valley. Except for the compensation provisions, no other modifications to the current employment agreement are proposed. ALTERNATIVES - None Prepared by: Bill Ihrke, City Attorney Approved by: Jon McMillen, City Manager Attachments: 1. First Amendment to Employment Agreement for City Manager 2. 2022/23 Salary Schedule (Full -Time Employees) 50