HomeMy WebLinkAboutContracts & Agreements_146-2017 THIRTEENTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Thirteenth 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(hereinafter
"City") and Daniel J McHugh (hereinafter "Employee")
RECITALS
WHEREAS, City and Employee have entered into an Employment Agreement dated April
19, 1994, wherein City expressed its desire to employ the services of Employee as City Attorney of
the City of Redlands as provided for by California Government Code Section 36505, and
WHEREAS, City and Employee on March 7, 1995, April 28, 1997, August 5, 1997,
December 7, 1999,December 19,2000,Decembei 21,2004,July 5,2005, May 4,2010, October 5,
2010, May 19, 2015, March 1, 2016, and April 5, 2016, amended certain provisions of the
Employment Agreement, and
WHEREAS, it is the desire of City and Employee to amend the provision of Employee's
Employment Agreement relating to Employee's severance and benefits to maintain parity with
respect to the increase in severance and the membership for the YMCA which were recently granted
by City to the employees who are members of the Redlands Association of Department Directors,
and
WHEREAS, it is the desire of City and Employee to amend the provision of Employee's
Employment Agreement relating to Employee's executive leave to maintain parity with respect to the
increase in executive leave recently granted by City to the employees who are members of the
Redlands Association of Management Employees,
NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of
Redlands and Daniel J McHugh agree as follows
AGREEMENT
Section I Subsection A of Section 6 of the Employment Agreement, entitled
"Termination," is hereby amended to read as follows
"A This Employment Agreement may be terminated by eithei City or Employee for
any reason or for no reason in recognition that Employee is an at-will employee of
City In the vent Employee is terminated by City for any reason other than willful
misconduct of conviction of a felony during which time Employee is willing and able
to perform his duties under this Employment Agreement, the City Council of City
shall, provide Employee written notice twelve (12) months prior to the date this
Employment Agreement, and the employment of Employee, is to be terminated In
the alternative, City may immediately release Employee from his employment with
City by providing him with prior written notice of City's intent to terminate this
Employment Agreement and,except as otherwise provided in Subsection B,below,
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by also providing Employee with twelve (12) months' salary and continuation of
health benefits, or the financial equivalent thereof as agreed to by Employee
(collectively, "Severance Pay") in lieu of providing Employee with the above-
described twelve(12) months prior written notice,which twelve(12)months would
be deemed to represent the then-unexpired term of this Employment Agreement in
accordance with the provisions of California Government Code sections 53260 and
53261 Termination by City shall be effective upon delivery of written notice of
termination of employment and payment of the Severance Pay by City to employee"
Section 2 Subsection A (1) of section 3 of the Employment Agreement relating to
executive leave is hereby amended to read as follows
" (1) With respect to executive leave,Employee shall receive 120 hours of executive leave
annually, provided,however,Employee shall have the right to cash out, at any time,any such hours
not used by Employee at Employee's then prevailing hourly rate "
Section 3 Subsection A of section 3 of the Employment Agreement is hereby amended by
the addition of subsection (6) which shall read as follows
"(6) During the term of this Employment Agreement, 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 spouse "
Section 4 This Thirteenth Amendment to the Employment Agreement shall affect only the
Sections and Subsections of the Employment Agreement referred to herein,and all other terms and
conditions of the Employment Agreement between City and Employee,as amended,shall remain in
full force and effect
In witness hereof the Parties have executed this Agreement on the 5th day of July, 2017
CITY OF REDLANDS EMPLOYEE
Paul W Foster, Mayor ' J McHugh
ATTEST
Le_ Tie Donaldson, City Clerk
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