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HomeMy WebLinkAboutCOTC - HUIZAR, MARIA - 2014A- 2014 -202 CITY OF SANTA ANA FIRST AMENDMENT TO CLERK OF THE COUNCIL EMPLOYMENT AGREEMENT This First Amendment to the Clerk of the Council Employment Agreement ( "Agreement ") is entered into as of the 2 d day of September, 2014 (the "Effective Date "), between the City of Santa Ana (hereinafter referred to as the "City ") and Maria D. Huizar (hereinafter referred to as the "Clerk of the Council" or the "Employee "). City and Clerk of the Council /Employee are sometimes referred to in this Agreement as "Party" and collectively as "Parties." RECITALS: WHEREAS, in July, 2009 the City Council of the City appointed and employed Employee as Clerk of the Council pursuant to the Charter of the City of Santa Ana ( "City Charter "), and WHEREAS, the appointment and terms of employment are set forth in Resolution No. 2009 -038, and WHEREAS, in July, 2012 the City Council and Employee desired, and did in fact commence setting forth certain benefits, established certain conditions of employment and set certain working conditions of the Clerk of the Council in an Employment Agreement rather than a Resolution. WHEREAS, the City and Clerk of the Council desire to amend certain provisions of the Agreement as set forth herein. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, the Parties hereto agree as follows: Section 1, TERM, shall be deleted in its entirety and replaced with the following: 1. Term. This Agreement shall be deemed effective for a term beginning on the Employee's anniversary date, August 17, 2014, and shall remain in effect, unless terminated earlier in accordance with Section 9 of the agreement. Section 2.1, SALARY shall be deleted in its entirety and replaced with the following: 2.1 Salary City agrees to pay Clerk of the Council, and Clerk of the Council agrees to accept from City, as compensation for services rendered by Clerk of the Council pursuant to this Agreement, an annual base salary, commencing on August 17, 2014 set at Step 15 of EM 33 and payable in installment payments in the same 5 53 94.00002 \7406419.1 manner and at the same times as the salaries of other executive managers of the City are paid. Section 2.2.1 Deferred Compensation shall be deleted in its entirety and replaced with the following: 2.2.1 Payment for Unused Sick Leave. City agrees to pay Clerk of the Council for unused sick leave upon cessation of employment on the same basis as unrepresented management employees of the City. Section 3.1 Management Performance Based Evaluation System shall be added as follows: 3.1 Management Performance Based Evaluation System. City shall establish for the Cleric of the Council a management performance -based evaluation system, same as unrepresented Executive Management (EM), the provisions of which are set forth in Resolution No. 1991 -066 and as amended from time -to -time. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this First Amendment to Clerk of the Council Employment Agreement as of the 2nd day of September, 2014. EMPLOYEE d �• N Maria D. Huizar Clerk of the Council ATTEST: Rose Ann Trujillo, Sr. Deputy Clerk of the Council 55394.00002 \7406419.1 2 APPROVED AS TO FORM: -A ok t- �° c �v 9 Sonia R. Carvalho, Best, Best & Krieger City Attorney