HomeMy WebLinkAboutContracts & Agreements_127-2023FIRST AMENDMENT TO CITY ATTORNEY EMPLOYMENT AGREEMENT
This first amendment ("First Amendment") to the City Attorney Employment Agreement
dated April 19, 2022 ("Agreement"), by and between the City of Redlands, a municipal corporation
("City"), and Yvette M. Abich Garcia ("Employee"), is made and entered into this 5t1 day of July,
2023.
RECITALS
WHEREAS, with this First Amendment, it is the desire of the City and Employee to amend
the terms and conditions of Employee's employment as City Attorney.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties
agree to amend the Agreement as follows:
AGREEMENT
Section 1. Section 1.4 of the Agreement is amended to read as follows:
1.4 Work Schedule. It is recognized that Employee is expected to engage in the hours
of work that are necessary to fulfill the obligations of the position of City Attorney, must be
available at all times and devote significant time outside of "normal" City office hours to the
business of the City. Employee acknowledges that proper performance of the duties of the City
Attorney will require Employee to generally observe normal business hours (currently 7:30 a.m.
to 5:30 p.m., Monday through Friday in accordance with City's "9/80" work schedule), as set by
the City and as may be duly revised from time -to -time by the City, and will also often require the
performance of necessary services outside of normal business hours. Employee is pre -authorized
to work remotely for periods of time not to exceed four (4) work days per month. Employee's
compensation (whether salary or benefits) is not based on hours worked. Furthermore, the City
Attorney position remains an "exempt" classification under the overtime provisions of the federal
Fair Labor Standards Act ("FLSA") and Employee shall not be entitled to any compensation for
overtime, nor subject to such overtime provisions of the FLSA.
Section 2. Section 2.1 of the Agreement is amended to read as follows:
2.1 Current Base Salary. Effective the first full pay period after the Employment Date,
Employee shall receive Two Hundred Sixty-two Thousand Dollars ($ 262,000.00) as annual base
salary ("Salary") for the City Attorney position, which shall be paid on a pro -rated basis bi-weekly
at the same time as other employees of the City are paid. Employee's Salary shall be subject to
normal and proper withholdings as determined by state and federal law, and as determined
appropriate by the City Council, and shall be subject to payroll taxes, workers' compensation, and
other payroll -related liability costs.
a. Effective the first payroll period following July 1, 2023, Employee will receive a
seven percent (7%) increase to her Salary.
b. Effective the first payroll period following July 1, 2024, Employee will receive a
two percent (2%) increase to her Salary over the prior year.
c. Effective the first payroll period following July 1, 2025, Employee will receive a
two percent (2%) increase to her Salary over the prior year.
L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_City Attorney Agreement.docx
Section 3. Section 6.2 of the Agreement is amended to read as follows:
6.2 Paid Annual Leave. Employee shall be entitled to paid annual leave ("Annual
Leave") at an accrual rate of sixteen and fifty-four hundredths (16.54) hours pro rata per pay
period. Employee's Annual Leave is inclusive of all other leave benefits including, but not
limited to, sick leave, executive leave, and vacation. Upon separation, for any reason,
Employee shall be entitled to one hundred percent (100%) of Employee's unused Annual
Leave balance then existing, at Employee's then current hourly rate of pay, subject to normal
and proper withholdings as determined by state and federal law, and shall be subject to payroll
taxes, workers' compensation, and other payroll -related liability costs in the same manner as
other employees of the City. Upon separation, for any reason, Employee may elect to have up
to one hundred percent (100%) of the unused Annual Leave deposited into an applicable
deferred compensation plan at the Employee's then current hourly rate of pay. The maximum
Annual Leave balance shall be nine hundred (900) hours. Employee shall not accrue Annual
Leave above nine hundred (900) hours.
Section 4. Section 6.2(a) of the Agreement is amended to read as follows:
(a) Holiday Leave. Employee shall be granted the following fourteen (14)
holidays: New Year's Day, Martin Luther King Day, President's Day, Cesar Chavez Day,
Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veteran's Day,
Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve and Christmas Day.
Section 4. Section 6.2(b) of the Agreement is replaced to read as follows:
(b) Bereavement Leave. Employee shall receive two (2) working days of paid
Bereavement Leave for the death of a member of Employee's immediate family defined as
spouse, children, brother, sister, grandmother, grandfather, mother-in-law, father-in-law, step-
father, step -mother and step -children.
Section 5. Section 6.2(c) of the Agreement is added to read as follows:
(c) Conversion of Leave. Employee may elect to convert up to four hundred
and thirty (430) hours of Annual Leave earned in the following calendar year to cash to be paid
during the first week of May, the first week of September and the last week of December of each
year. This election is irrevocable and may not be changed after the election is made. Only amounts
earned in the current year prior to the cash out date may be elected to convert into cash. A total of
fifty (50) hours of annual leave must be on the books at the time of the "cash -out" date in order for
payment to be made. If Employee does not have the elected amount of hours available at the time
of payout, they will be paid the hours that are available above the fifty (50) hours required to
remain on the books.
Section 6. Section 6.5 of the Agreement is amended to read as follows:
6.5 Deferred Compensation. Employee is eligible to participate in the City's 457 and
L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_City Attorney Agreement,docx
401(a) deferred compensation programs. The City will contribute, annually, the sum of
One Thousand One Hundred Twenty -Five Dollars ($1,125) and the sum of four percent
(4%) of Employee's Salary, to Employee's 401(a) deferred compensation plan.
Section 7. Section 6.6 of the Agreement is amended to read as follows:
6.6 Automobile. Employee shall receive Five Hundred Dollars ($500.00) per month
as vehicle allowance to reimburse Employee for use of a personal vehicle in connection with
recognized official duties. The allowance will be paid in the regular payroll process with Salary
beginning with the first payroll paid subsequent to the Employee's commencement date consistent
with the payment method of allowances provided to other employees of the City. The allowance
is subject to payroll taxes and other payroll -related liability costs in the same manner as other
employees of the City. Employee shall be responsible for any personal income tax that may result
from that reimbursement.
Section 8. Section 6.9 of the Agreement is amended to read as follows:
6.9 Business Equipment. The City will provide to Employee any job -related
personal tools or equipment, such as a computer, desk, land -line phone, file cabinets, table
chairs, and books that serve the professional development of Employee and/or is needed to
perform Employee's functions and duties. Upon termination, for any reason, Employee shall
return all business equipment to t h e City no later than Employee's last day of employment.
The City shall provide a City -owned cell phone for City -related business and functions during,
before and after normal work hours. The City shall pay for any expenses related to initial
purchase, data plan, monthly service plan, insurance, and replacement due to normal wear
and tear. In lieu of a city -issued cell phone, Employee may opt for a
cell phone allowance of $ 100 per month. Employee shall follow the
inventory control procedures for portable devices such as laptops and cell phones consistent
with control procedures for other City employees.
Section 9. Exhibit "A" of the Agreement, entitled "Additional Benefits," is hereby
amended and replaced with the Exhibit "A" which is attached hereto and incorporated herein by
this reference.
Section 10. All other provisions of the Agreement shall remain unchanged by this First
Amendment and in effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective
as of July 1, 2023.
[Signatures on Next Page]
L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_ City Attorney Agreement.docx
CITY OF REDLANDS
By:
Eddie Tejeda, Mayor
ATTEST:
e Donaldson, ity Cler:
EMPLOYEE
By:
Yte M. Abich Garcia
L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_City Attorney Agreement.docx
Exhibit "A"
Additional Benefits
• Medical Insurance — City pays the entire monthly premium for employees and their
eligible dependents through PERS Health. The City shall provide a stipend of $500 per
month if Employee opts out of medical insurance due to alternative medical coverage.
• Dental Insurance — City pays the entire monthly premium for employees and their
eligible dependents.
• Vision Insurance - City pays the entire monthly premium for employees and their eligible
dependents.
• $150 per year to offset medical insurance co -payments and/or deductibles.
• Life Insurance - $25,000
• Accidental Death & Dismemberment Insurance - $25,000
• State Disability Insurance — Premium paid by Employee.
• Credit Union
• Employee Assistance Program
• YMCA Membership -City will provide a paid annual membership for Employee to the
Redlands YMCA.
• Upon retirement from the City and Ca1PERS, Employee will be eligible for medical
coverage as provided through Ca1PERS. The City will contribute $397 per month
towards the medical premium.
• Tuition Reimbursement - $2,500 per year reimbursement for courses successfully taken
at an accredited institution.
L:\ca\Agreements\Employment Agreements\City Attorney\Y.Garcia.First_Amendment_to_City Attorney Agreement.docx