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Contracts & Agreements_127-2023
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First Amendment City Attorney Yvette M Abich Garcia original 62-2022
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Contracts & Agreements_127-2023
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7/11/2023 4:37:51 PM
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Contracts & Agreements
Subject
Employment Agreement
Details
First Amendment City Attorney Yvette M Abich Garcia original 62-2022
Date
7/5/2023
Document Number
127-2023
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FIRST AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT <br />This first amendment ("First Amendment") to the City Attorney Employment Agreement <br />dated April 19, 2022 ("Agreement"), by and between the City of Redlands, a municipal corporation <br />("City"), and Yvette M. Abich Garcia ("Employee"), is made and entered into this 5t1 day of July, <br />2023. <br />RECITALS <br />WHEREAS, with this First Amendment, it is the desire of the City and Employee to amend <br />the terms and conditions of Employee's employment as City Attorney. <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties <br />agree to amend the Agreement as follows: <br />AGREEMENT <br />Section 1. Section 1.4 of the Agreement is amended to read as follows: <br />1.4 Work Schedule. It is recognized that Employee is expected to engage in the hours <br />of work that are necessary to fulfill the obligations of the position of City Attorney, must be <br />available at all times and devote significant time outside of "normal" City office hours to the <br />business of the City. Employee acknowledges that proper performance of the duties of the City <br />Attorney will require Employee to generally observe normal business hours (currently 7:30 a.m. <br />to 5:30 p.m., Monday through Friday in accordance with City's "9/80" work schedule), as set by <br />the City and as may be duly revised from time -to -time by the City, and will also often require the <br />performance of necessary services outside of normal business hours. Employee is pre -authorized <br />to work remotely for periods of time not to exceed four (4) work days per month. Employee's <br />compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City <br />Attorney position remains an "exempt" classification under the overtime provisions of the federal <br />Fair Labor Standards Act ("FLSA") and Employee shall not be entitled to any compensation for <br />overtime, nor subject to such overtime provisions of the FLSA. <br />Section 2. Section 2.1 of the Agreement is amended to read as follows: <br />2.1 Current Base Salary. Effective the first full pay period after the Employment Date, <br />Employee shall receive Two Hundred Sixty-two Thousand Dollars ($ 262,000.00) as annual base <br />salary ("Salary") for the City Attorney position, which shall be paid on a pro -rated basis bi-weekly <br />at the same time as other employees of the City are paid. Employee's Salary shall be subject to <br />normal and proper withholdings as determined by state and federal law, and as determined <br />appropriate by the City Council, and shall be subject to payroll taxes, workers' compensation, and <br />other payroll -related liability costs. <br />a. Effective the first payroll period following July 1, 2023, Employee will receive a <br />seven percent (7%) increase to her Salary. <br />b. Effective the first payroll period following July 1, 2024, Employee will receive a <br />two percent (2%) increase to her Salary over the prior year. <br />c. Effective the first payroll period following July 1, 2025, Employee will receive a <br />two percent (2%) increase to her Salary over the prior year. <br />L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_City Attorney Agreement.docx <br />
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