HomeMy WebLinkAboutContracts & Agreements_256-2019FIFTEENTH AMENDMENT TO EMPLOYMENT AGREEMENT
This Fifteenth Amendment to Employment Agreement is entered into this 17th day of
December, 2019 (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, December 21, 2004, July 5, 2005, May 4, 2010, October 5,
2010, May 19, 2015, March 1, 2016, April 5, 2016, July 5, 2017, and December 17, 2017, amended
certain provisions of the Employment Agreement, and
WHEREAS, the City Council has recently completed labor negotiations with respect to all
of the City's employee bargaining groups to amend their respective memoranda of understandings to
relating to provisions governing an employee's cash -out of paid leave to ensure compliance with
federal tax law, and
WHEREAS, as has been their past practice, it is now the desire of City and Employee to
amend Employee's Employment Agreement relating to the cash -out of paid leave to provide
Employee with the same general process for an employee's election to cash -out paid leave as
provided to the employees of the City's various bargaining groups;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of
Redlands and Daniel J McHugh agree as follows
AGREEMENT
Section 1 The text of Section 3 of the Employment Agreement, titled "Fringe Benefits," is
hereby deleted in its entirety and rewritten to read as follows
"A City shall pay to, or on behalf of, Employee, as fringe benefits, those same fringe
benefits provided to those members of the Redlands Association of Management Employees
(RAME) hired before March 11, 2010, as provided under the RAME MOU, along with all
other RAME MOU benefits provided to all RAME members that are not inconsistent with
the same In addition, Employee shall receive the same retirement benefits provided to
classic non -sworn employees of the City Employee's fringe benefits shall be added to, or
increased proportionally by, any additional or increased benefits provided to RAME by City
13 With respect to executive leave, Employee shall accrue 120 hours of executive
leave annually, each January 1st Any hours of executive leave not used by Employee during
the calendar year such leave is received by Employee shall roll-over and may be used by
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Employee in any subsequent yea', provided, however, Employee shall have the right to cash
out such leave in accordance with subsection G of this Section 3, any such hours not used by
Employee at Employee's then -existing hourly rate
C 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
D City shall contribute the entire monthly premium for Employee and Employee's
eligible dependents for a vision insurance plan with Medical Eye Services, or an equivalent
insurance plan approved by City with at a minimum similar benefits to those of Medical Eye
Services as such benefits exist on the date of this Fifteenth Amendment to Employment
Agreement
E With respect to City's 401 (a) deferred compensation plan, Employee shall have
the right to participate in such plan in accordance with its terms as they may be changed from
time to time by the City
F Notwithstanding any other provision of this Section 3, with respect to City's
deferred compensation plans, City shall contribute annually, each calendar year, for the
benefit of Employee the maximum amount by law Employee is entitled to contribute to
City's 457(b) deferred compensation plan for such year Such contribution shall be made on
or before March 1st of each calendar year Beginning the calendar year 2022, the City shall
make the amount of aforementioned contribution to the City's 401(a) deferred compensation
plan, provided the City has a qualified 401(a) deferred compensation plan permitting the
same If no such qualified 401(a) deferred compensation plan then exists, the City shall
continue to make the annual contribution to Employee's 457(b) deferred compensation plan
provided for in this Subsection F
G. Notwithstanding any other provision of this Employment Agreement to the
contrary, Employee shall only be entitled to cash out Employee's accrued vacation leave,
executive leave, and/or sick leave (collectively, "Leave"), in accordance with the following
process For the calendar yeai 2019, Employee may elect to convert any accrued Leave earned
in the 2020 calendar yea' to cash to be paid during the first week of February, the first week
of June, the first week of September, and/or the last week of December, of each year
Commencing in the year 2020 and for every subsequent calendar year, such election by
Employee shall be made no late' than November 30th of such calendar year, and shall be
payable at the same aforementioned quarterly times during the calendar year Employee's
election is irrevocable, and may not be changed after the election is made Only amounts
earned in the current year prior to the quarterly cash out times may be elected by employee to
be converted to cash If Employee does not have the elected amount of hours available at the
time of the elected payout time, Employee shall be paid by City only the hours that are then
available "
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Section 2 This Fifteenth 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 17th day of December,
2019
CITY OF REDLANDS EMPLOYEE
Paul W Foster, Mayor
ATTEST
Donaldson, City Clerk
Daniel J ugh
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