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HomeMy WebLinkAboutContracts & Agreements_46-2016 ELEVENTH AMENDMENT TO EMPLOYMENT AGREEMENT This Eleventh Amendment to Employment Agreement is entered into this 1 st day of March, 2016("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, and May 19, 2015, amended certain provisions of the Employment Agreement; and WHEREAS, it is the desire of the Redlands City Council and Employee to amend Employee's Employment Agreement to expressly specify that any cash out of leave by Employee shall first be contributed by Employee to Employee's 401 (a) deferred compensation plan; NOW,THEREFORE,in consideration of the mutual promises contained herein,the City of Redlands and Daniel J. McHugh agree as follows: Section 1. Subsection A(4),of Section 3 of the Employment Agreement entitled"Fringe Benefits," is hereby amended to read as follows: (4) With respect to City's 401 (a) deferred compensation plan,Employee shall have the right to participate in such plan by making voluntary contributions to such plan, and may cash out any or all of Employee's accumulated vacation leave, sick leave, and executive leave (collectively, "Leave") and contribute the same to such plan. The proceeds of any cash out of Leave by Employee shall first be contributed by Employee to Employee's 401 (a) deferred compensation plan, up to the maximum annual contribution amount. Section 2. This Eleventh Amendment to the Employment Agreement shall affect only the subsection 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 1st day of March, 2016. CITY OF REDLANDS EMPLOYEE Paul W. Foster,Mayor Daniel J. Mc 1 1:1ca1djm\Agreements\Employment Agreementsll lth Amendment to DJM Employment 3.1.16.doc ATTEST: Sam I N , C' y Clerk 2 I\ca1djmlAgreements\Employment Agreements\1 I th Amendment to DJM Employment 3.1,16.doc