HomeMy WebLinkAboutAGR-7476.1 - THOMAS C. KISELA - EMPLOYMENT OF CITY MANAGERFIRST AMENDMENT
TO
AGREEMENT FOR EMPLOYMENT
OF CITY MANAGER
THIS FIRST AMENDMENT TO AGREEMENT FOR EMPLOYMENT OF CITY
MANAGER (the “First Amendment”) is made and entered into as of March 25, 2025, by and between
the CITY OF ORANGE, a municipal corporation (“City”), and THOMAS C. KISELA, an individual
(“Kisela”), with reference to the following:
A. City and Kisela entered into an Agreement for Employment (Agreement No. AGR-
7476) dated as of March 14, 2023 (the “Original Agreement”); and
B. City and Kisela desire to amend the Original Agreement to modify and amend certain
portions of the Original Agreement by amending the Term date.
NOW, THEREFORE, the parties hereby agree as follows:
Section 1 Revised Term. The Term, as defined in Paragraph 1 of the Original
Agreement, is hereby amended and modified and Paragraph 1 is hereby amended in its entirety to read
as follows:
“The City Council of the City hereby appoints Thomas C. Kisela as the City Manager
of the City (hereafter “City Manager”), with a term from the Effective Date until
terminated by either party providing thirty (30) days notice (“Term”), unless otherwise
extended or terminated as provided herein.”
Section 2 Revised Termination. Due to the amended Term as noted in Section 1 above,
Paragraph 6.a of the Original Agreement, Termination, is hereby amended in its entirety to read as
follows:
“City reserves the right to terminate this Agreement at any time and for any reason, by
providing City Manager thirty (30) days written notice of its election to terminate.
Notwithstanding any provision in OMC Section 2.16.070 to the contrary, a majority of
the then-serving City Council is required to approve such termination. Such termination
shall be effective as set forth in the notice of election to terminate, but in no event sooner
than the thirty (30) days required for notice and any requested hearing.”
Section 3 Revised Severance. Due to the amended Term as noted in Section 1 above,
Paragraph 5.b of the Original Agreement, Severance, is hereby amended in its entirety to read as
follows:
“Except as otherwise provided herein, in the event the City Manager is terminated with
less than thirty (30) days notice, the City is obligated to pay the City Manager full salary
as set forth in Section 3 of this Agreement or as it may be later amended, and health
Docusign Envelope ID: F61C4503-E92E-4F0A-8898-957A51932DFD
Execution Date: 3/25/2025
AGR-7476.1
2
benefits, for any additional time to equal thirty (30) days from the date notice is given.
This severance amount shall only be payable provided that the City Manager has
executed a release, waiving any rights, claims, or any other actions arising out of
termination of this Agreement in a form acceptable to the City Council.”
Section 4. Integration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the ter ms and
provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
DATE OF EXECUTION: CITY OF ORANGE, a municipal corporation,
Daniel R. Slater, Mayor
ATTEST:
Pamela Coleman, City Clerk
DATE OF EXECUTION: THOMAS C. KISELA, an individual
APPROVED AS TO FORM:
Wayne W. Winthers
Interim City Attorney
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Docusign Envelope ID: F61C4503-E92E-4F0A-8898-957A51932DFD
4/14/2025
4/14/2025