FIRST
AMENDMENT
TO
AMENDED
&
RESTATED
EMPLOYMENT
AGREEMENT
(CITY
ATTORNEY)
This
First
Amendment
to
the
Amended
and
Restated
Employment
Agreement
(First
Amendment”)
is
made
and
entered
into
this
day
of
&fl.
2024
(“Effective
Date),
by
and
between
the
City
of
Glendale,
a
California
charter
city
and
municipal
corporation
(hereinafter
referred
to
as
the
‘City”),
and
Michael
3. Garcia
(hereinafter
referred
to
as
“City
Attorney”
or
‘Garcia”).
City
and
City
Attorney
are
sometimes
referred
to
herein
as
the
‘Parties.”
WHEREAS,
the
City,
acting
through
its
City
Council,
hired
Garcia
to
perform
the
duties
and
responsibilities
of
City
Attorney
outlined
under
the
Glendale
City
Charter
and
Glendale
Municipal
Code,
pursuant
to
that
certain
City
Attorney
Employment
Agreement
dated
July
26,
2011
(“First
Employment
Agreement);
WHEREAS,
Garcia
commenced
working
as
the
City’s
City
Attorney,
effective
September
2,
2011;
WHEREAS,
the
City
and
Garcia
entered
into
an
Amended
&
Restated
Employment
Agreement
dated
June
9,2015
(“Agreement”)
to
establish
the
terms
of
Garcia’s
continued
employment
relationship
with
the
City;
WHEREAS,
the
City
and
Garcia
desire
to
enter
into
this
First
Amendment
to
the
Amended
&
Restated
Employment
Agreement
to
establish
the
terms
of
Garcia’s
continued
employment
relationship
with
the
City
to
(1)
to
amend
the
Term
of
the
Agreement,
and
(ii)
to
adjust
Garcia’s
salary.
NOW,
THEREFORE,
in
consideration
of
the
mutual
promises
contained
herein,
and
in
consideration
of
Garcia’s
continued
employment
as
contemplated
in
the
Agreement,
the
Parties
agree
to
amend
the
Agreement
by
way
of
this
First
Amendment
as
follows:
1. Section
3of
the
Agreement
is
hereby
amended
to
read
as
follows:
3. Term.
The
term
of
this
First
Amendment
commences
on
April
16,
2024
and
ends
on
October
16,
2025
(“Term”),
unless
extended
by
mutual
agreement
of
the
Parties
prior
to
the
date
of
its
expiration
or
ifterminated
sooner
in
accordance
with
Section
10 hereof.”
2. Section
4 of
this
Agreement
is
amended
to
read
as
follows:
“4.
Salary
a.
Commencing
on
April
16,
2024,
the
City
Attorney’s
base
salary
shall
be
Three
Hundred
and
Ten
Thousand
Dollars
($310,000)
per
year
(or
$25,833.33
per
1 month).
b.TheCityAttorneyssalaryshallbesubjecttowithholdingandother applicabletaxes,andshallbepayabletoCityAttorneyatthesametimeasother employeesoftheCityarepaid.
c.Anyothercostofliving,meritand/orothersalaryadjustmentsprovidedto GarciamaybemadeatthediscretionoftheCityCouncil.”
3.Section11(a)and(b)ofthisAgreementisherebyamendedtoreadas follows:
‘11.SeveranceTerms:NotwithstandingSection10(b),shouldtheCity AttorneysemploymentbeinvoluntarilyterminatedbytheCityatanytime,forany reasonotherthanconvictionofafelonyorconvictionofacrime,felonyor misdemeanor,involvingmoralturpitudeorillegalpersonalgaintoCityAttorney,City shallpayCityAttorneyseverancebenefitsasfollows:
a.CityshallpayCityAttorneyalumpsumpaymentequaltotwelve(12) monthsofCityAttorney’smonthlysalaryasitexistedpriortotheeffectivedateofthis FirstAmendment,whichwas$22,968.38permonth,orapro-ratedlumpsumpayment equaltotheremainingmonthsofhisterm,whicheverisless(“SeveranceLumpSum Payment”),
b.Inaddition,theCityshallextendtotheCityAttorneytherighttocontinue healthinsuranceasmayberequiredbyandpursuanttothetermsandconditionsofthe ConsolidatedOmnibusBudgetReconciliationActof1986(COBRA).TheCityagreesto payGarcia’sCOBRAcoverageforuptotwelve(12)months,orapro-ratedperiodequal totheremainingmonthsofhisterm,whicheverisless,oruntilGarciaeithersecures full-timeemploymentorobtainsotherhealthinsurance,whicheverofthesethreeevents firstoccurs(“COBRApayments”).TheSeveranceLumpSumPaymentandthe COBRApaymentsshalltogetherbereferredtohereinasthe“Severance”.Garciashall notifytheCitywithinfivedaysofsecuringnewfull-timeemploymentorinsurance.” Sections11(c),(d),and(e)remainunchanged.
4.AllothertermsandconditionsoftheAgreementnotmodifiedhereinshall remaininfullforceandeffect.
INWITNESSWHEREOF,CityandCityAttorneyhavecausedthisFirst AmendmenttotheAmendedandRestatedEmploymentAgreementtobeexecutedthis 7 I
day
of
April.
2024.
“City”City
of
Glendale,
a
charter
city
and
municipal
corporation
Dated:
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By:
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“City
Attorney”
Michael
J.
Garcia
By:
Michael
>arcia
Approved
as
to
Form:
Legal
Counsel
to
the
City
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