2022/02/16 City of Menifee Amendment No. 3 to Employment Agreement between City of Menifee and Armando G. VillaDocuSign Envelope ID: 5499FEEA-0574-4251-AC69-8BC5F63D72C0
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT
This Third Amendment to Employment Agreement between the City of Menifce (-City")
and Armando G. Villa ("Manager") ("Third Amendment") is made this 16th day of Iebruary,
2022.
RECITALS
A. On or about December 18, 2017, City and Manager entered into that certain "Employment
Agreement" pursuant to which City hired Manager to serve as the City Manager of the
City of Menifee.
B. On or about June 20, 2019, City and Manager entered into that certain "First Amendment
to Employment Agreement" ("First Amendment"),
C. On or about August 21, 2019, City and Manager entered into that certain "Second
Amendment to Employment .Agreement" ("Second Amendment"). The Employment
Agreement, together with the First Amendment and the Second Amendment are referred
to hereinafter as the "Existing Agreement"
D. On January 19, 2022, the City Council conducted a performance evaluation of Manager
and, based upon that performance evaluation, on February 16, 2022 the City Council
considered in open session revisions to the Existing Agreement that would (I) extend the
duration of the Existing Agreement through December 31, 2026, and (2) clarify Manager's
entitlement to an education incentive that matches the education incentive benefit provided
to the City's executive management team pursuant to City Council Resolution No. 21-1099
("Executive Benefits Resolution").
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AGREEMENT
NOW, THEREFORE, the parties agree to the following modifications to the Existing
Agreement.
1. AMENDMENT TO SECTION 2 OF EMPLOYMENT AGREEMENT
Section 2 of the Employment Agreement is replaced, superseded, and amended in full as
follows:
On or before July 1, 2026. and in the event Agreement is not earlier terminated, Manager
shall notify Council of the provisions of Section 2 of this Agreement, and within 90 days
thereafter Manager and Council shall meet to discuss whether Agreement shall be renewed
or not renewed, and if renewed, upon such terms as the parties may mutually agree to.
2. AMENDMENT TO SECTION 5(h) OF EMPLOYMENT AGREEMENT
Section 5(h) of the Employment Agreement is replaced, superseded, and amended in full
as follows:
(h) Sgpplemental Benefits. Except as provided otherwise herein, Manager shall
receive any and all other supplemental benefits including, but not limited to. health, dental,
life insurance, disability insurance, holidays, retirement benefits (PERS), deferred
compensation plan, flexible spending account/dependent care, education incentive pay
commencing as ofthe date of adoption ofthe.Executive Benetits Resolution, and long term
disability, as are generally available to management employees ofthe City as provided by
applicable City Resolutions and Personnel Rules. Manager shall, in addition to such
benefits, be entitled to (I ) up to $1,000 per year incurred for tuition, books and fees for
college -level or jab -related courses; and (2) a life insurance policy with a benefit amount
of $350,000. Except as otherwise provided herein, all actions undertaken by City relating
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to fringe benefits for management employees shall be considered actions affecting the same
benefits applicable to Manager.
3. AMENDMENT TO SECTION 13 OF EM13LOYMLNT AGREEMENT
Section 13 of the Employment Agreement is replaced, superseded, and amended in full as
follows:
The Effective Date of this Third Amendment shall be February 16, 2022. This
Employment Agreement shall expire on December 31, 2026.
4. NO OTHER AMENDMENTS TO EMPLO YM1;NT AGRE:EiMENT
Except as expressly provided in Section I, above, the remainder of the Employment
Agreement shall remain in full force and effect.
5. EFFECTIVE DATE. AND TERM
The Effective Date of this Third Amendment shall be February 16, 2022.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment as of
the date first set forth hereinabove.
CITY:
MANAGER:
Bill Zitnin 1?9i t ;. Villa
I�11n
Mayor
Date Agreement approved by City Council in open session at a regular City Council Meeting
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ArrF.ST:
ara-Maniwaring
City Clerk
APPROVED AS TO FORM:
I ticker. LLP
City Attorney
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