HomeMy WebLinkAboutContracts & Agreements_13-1994_CCv0001.pdf FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement is entered into between the
City Council of, and on behalf of, the City of Redlands (hereinafter "City") and Gary M.
Luebbers (hereinafter "Employee").
RECITALS
Whereas, on October 21, 1993, City and Employee entered into a written
agreement entitled"Employment Agreement"(the"Employment Agreement") whereby City
and Employee agreed upon the terms and conditions and Employee's appointment as City
Manager; and
Whereas, with the understanding that after the November, 1993 City Council
election and the seating of new councilmembers, it was the intention of City and Employee
. I
to review the terms and conditions of Employee's Employment Agreement approximately
six months after the date Employee was appointed as City Manager; and
Whereas, it is the desire of City and Employee to amend certain provisions
of the Employment Agreement as hereinafter provided;
Now,therefore, in consideration of the mutual promises contained herein, the
City of Redlands and Gary M. Luebbers agree as follows:
AGREEMENT
1. Section 9A of the Employment Agreement relating to termination is hereby
amended to read as follows:
"In the event Employee is terminated by the City during the term of this
Agreement, during which time Employee is willing and able to perform his
duties under this Agreement, the City Council agrees to provide Employee
notice in writing nine (9) months prior to the date this Agreement and the
employment of the Employee are to be terminated. In the alternative, the
City may immediately release the City Manager from his employment with the
City by providing him with notice and, except as otherwise provided at
Subsection B, below, by providing the Employee with nine (9) month's salary
and continuation of health benefits (collectively"Severance Pay")in lieu of the
above described notice.
The above described Severance Pay is in express consideration for the
Employee's waiver,which is acknowledged by his signature to this Agreement,
of his rights to reasons for his removal and a hearing as set forth in the
above-referenced Municipal Code sections and at Subsection B, below. The
W-UMPW
First Amendment to Employment Agreement
Page Two
Employee further expressly agrees that the Severance Pay and other benefits
provided for by this Agreement shall be the Employee's sole and exclusive
remedy in the event of the Employee's involuntary termination,without cause,
and that the employee hereby waives, as acknowledged by his signature to this
Agreement, any and all rights, claims, demands or actions of any kind which
the Employee might otherwise bring against the City, the City Council, City
Employees/or its agents in connection with the employment of the Employee
and termination thereof."
2. Section 11 of the Employment Agreement relating to transportation is hereby
amended to read as follows:
"City shall provide Employee with a City vehicle to be used in the
performance of his duties, or in lieu thereof, a monthly vehicle allowance of
$300. City shall equip and maintain a cellular telephone in any vehicle City
provides for Employee for use in the performance of his duties."
April, 1994. In witness hereof the parties have executed this Agreement on the 19t1day of
Mayor, City of Redlands
a ry uebbers, City Manager