HomeMy WebLinkAboutContracts & Agreements_145-2017 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
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and 53261 Termination by the City shall be effective upon delivery of written
notice of termination of employment and payment of the Severance Pay by the City
to the City Manager
Section 3 A new paragraph related to YMCA membership is hereby added to Exhibit"A"
of the Employment Agreement to read as follows
"YMCA Membership--- In an effort to support a healthy life style for City employees, the
City will provide to Employee a City-paid membership (initial fee and monthly fees) for the
YMCA for Employee and Employee's family"
Section 4 This Fifth Amendment to Employment Agreement shall affect only the sections
referred to herein and the amendments to Exhibit "A" to the Employment Agreement (a copy of
which is attached hereto), and all other terms and conditions of the Employment Agreement
between City and the City Manager, as amended, shall remain in full force and effect
In witness hereof the Parties have executed this Fifth Amendment to Employment
Agreement on the 5th day of July, 2017
CITY OF REDLANDS CITY MANAGER
lam( .
Paul W Foster, ayor `N Enrique artme
ATTEST
JeZne Donaldson, City Clerk
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EXHIBIT"A"
• HEALTH INSURANCE-The City Managei will be provided a one-time payment fol his past
"Health Allotment" insurance benefit in the amount of thirty thousand dollars ($30,000)
The City shall pay such amount in the first full payroll period following May 19, 2015 In
consideration foi the City Manager's termination of his health allotment as of May 20,
2015
• LIFE INSURANCE-$25,000, with premium paid by the City on behalf of the City Managet
• MEDICAL INSURANCE—The City pays the entire monthly premium fat the City Managei
and his eligible dependents foi the City Manager's chosen Ca1PERS health plan
• Insurance Adjustment — The City shall pay the City Manager the amount of$150 each
July as an offset to the City Manager's payment of co-payments and deductibles for
medical insurance
• ACCIDENTAL DEATH & DISMEMBERMENT - $25,000, with premium paid by the City on
behalf of the City Manager
• Vision Reimbursement - $225 annually foi frames, lenses or contact lenses for the City
Managei or eligible dependents, based upon submission of receipts
• DEFERRED COMPENSATION —401A Plan and 457 Plan— Annual contribution paid by the
City on behalf of the City Manager in the amount of$1,125 + 2% of salary to either plan
as designated by the City Managei
• PUBLIC EMPLOYEES RETIREMENT SYSTEM-Formula to equal City of Redlands "classic"
miscellaneous employees (2% @ 55) for the CAPERS retirement system Commencing
with the first full payroll period following May 19, 2015, the City Manager shall pay seven
percent (7%) of the City Manager's salary as the employee member contribution amount
As an offset to the City Manager's payment of the foregoing employee member
contribution amount, the City Manager's annual base salary amount shall be increased by
seven percent (7%) commencing with the first full payroll period following May 19,2015
• ANNUAL LEAVE — 402 hours annually, and increased equivalently to any subsequent
increase the City might provide to the members of RADD
• HOLIDAYS — 12 City designated holidays
• FLEXIBLE SAVINGS PLAN
• YMCA MEMBERSHIP--- In an effort to support a healthy life style for City employees,
the City will provide to Employee a City-pard membership (initial fee and monthly fees)
for the YMCA for Employee and Employee's family
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