Contracts & Agreements_145-2017 - Laserfiche WebLink

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FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT This Fifth Amendment to Employment Agreement is entered into this 5th day of July,2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation (hereinaftei the "City") and N Enrique Martinez (hereinaftei the "City Managei") RECITALS WHEREAS, the City and the City Managei have entered into an Employment Agreement dated May 5, 2009, wherein the City expressed its desire to employ the services of the City Managei as provided for in Government Code Section 36506, and WHEREAS, the City and the City Manager, on May 4, 2010, May 19, 2015, March 1, 2016, and April 5, 2016, amended certain provisions of the Employment Agreement, and WHEREAS, the City Council recently completed its labor negotiations with the Redlands Association of Department Directors ("RADD") and the Redlands Association of Management Employees ("RAME"), and it is the desire of the City and the City Manager to amend the City Manager's Employment Agreement relating to severance pay, YMCA membership and executive leave benefits to maintain parity with the benefits relating to the same granted by the City to RADD and RAMS, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and N Enrique Martinez agree as follows Section 1 The paragraph entitled "Annual Leave" in Exhibit "A" of the Employment Agreement is hereby amended to read as follows "Annual Leave — 402 hours annually, and increased equivalently to any subsequent increase the City might provide to the members of RADD " Section 2 Subsection A of Section 8 of the Employment Agreement,entitled"Termination without cause," is hereby amended to read as follows "A In the event the City Council desires to terminate the City Manager for any reason other than Cause (as defined in Subsection B,below),during which time the City Manager is willing and able to perform his duties under this Employment Agreement, the City Council shall provide the City Managei with written notice fifteen (15) months prior to the date this Employment Agreement and the employment of the City Managei are to be terminated In the alternative, City may immediately release the City Manager from his employment with the City by providing him with written notice of its intent to terminate this Employment Agreement and, except as otherwise provided in Subsection B, below, by also providing the City Managei with fifteen (15) months salary and continuation of health benefits(collectively"Severance Pay")in lieu of providing the City Manager with the above described fifteen (15)months prior written notice which fifteen(15) months would represent the then-unexpired term of this Employment Agreement in accordance with the provisions of California Government Code sections 53260 1 I 1ca\djm\Agreements\Employment Agreements\CM Employment 5 7 5 17 doex