ITEM 1
THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN RICARDO
REYES AND THE CITY OF HUNTINGTON PARK
This THIRD AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN
RICARDO REYES AND THE CITY OF HUNTINGTON PARK ("Second Amendment") is entered into on the 26th day of March 2024, by and between the CITY OF HUNTINGTON PARK, a Municipal Corporation, hereinafter referred to as "City" and RICARDO REYES, hereinafter referred to as "Employee", amending certain terms of employment as provided in the EMPLOYMENT AGREEMENT FOR CITY MANAGER - CITY OF HUNTINGTON PARK ("Agreement") effective July 4, 2018, as amended by the FIRST AMENDMENT (“First Amendment), effective retroactive July 4, 2018 and as amended by the SECOND AMENDMENT (“Second Amendment”), effect November 15, 2022.
I. RECITALS
A. Effective July 4, 2018, City and Employee entered into an Employment Agreement whereby Employee was appointed to the position of City Manager. The Agreement was amended by the First Amendment, effective retroactive July 4, 2018, and by the Second Amendment, effective November 15, 2022.
B. Effective March 26, 2024, City and Employee agree to the terms of this Third Amendment to the Agreement which modifies Employee’s salary and other essential terms of employment.
C. All terms and conditions of employment contained in the Agreement, including the First and Second Amendments not specifically amended by this Third Amendment shall remain in full force and effect.
NOW, THEREFORE, City and Employee agree as follows:
II. AMENDMENT TO AGREEMENT
The following Sections to the Agreement are amended to read as follows:
a. Section 2of the Agreement (Compensation and Benefits) is amended as follows:
2. Compensation and Benefits.
Effective for the duration the time periods covered by this agreement, City agrees to compensate REYES at an annual salary of $270,000.00. REYES will not be entitled to any additional compensation including overtime compensation. However, REYES shall receive all benefits afforded to Department Heads in current City service; including without limitation vacation time, sick leave or other leave time, and any post-employment benefits to which the REYES shall be eligible. Furthermore, REYES shall receive annual increases in benefits and salary to the same rate/amount as received by other Department Heads. (Or as stated in the Non-Represented Employees Compensation and Benefit Plan).
The Parties agree and understand that the Employee’s commitment to remaining employed by the City as the City Manager is an essential element of the consideration for the salary increase provided by this Third Amendment. Accordingly, Employee agrees and covenants to serve as City Manager for a minimum of five (5) years from the date of this Third Amendment. In the event Employee voluntarily resigns from the City from his position as City Manager prior to March 25, 2029, Employee shall reimburse the City the amount of $25,000 (“Reimbursement Amount”), subject to an annual reduction of the Reimbursement Amount by $5,000 per year on March 26th of each year the Employee serves as City Manager of the City. After five (5) years of service, the Reimbursement Amount shall be reduced to zero ($0.00) and the Employee shall not owe the City any amounts under this paragraph. In the event Employee resigns from the position of City Manager prior to five (5) years from the date of this Third Amendment, Employee agrees that any Reimbursement Amount owed by Employee to the City can be deducted from Employee’s final payment of benefit payout as provided by the Employment Agreement, as amended.
All other terms of this Section 2 shall remain unchanged, and all other provisions of Section 2 as set forth in the Employment Agreement, the First and Second Amendments shall remain in full force and effect.
III. ALL OTHER TERMS AS SET FORTH IN THE AGREEMENT,
INCLUDING THE FIRST AND SECOND AMENDMENTS, SHALL
REMAIN IN FULL FORCE AND EFFECT.
This Third Amendment integrates all terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Employment Agreement, including the First and Second Amendments, shall remain in full force and effect. In the event of a conflict between the terms of this Third Amendment and the Employment Agreement, including the First or Second Amendments, the terms of this Third Amendment shall control.
[END OF TEXT. SIGNATURE PAGE TO FOLLOW.]
IN WITNESS WHEREOF, the City of Huntington Park (CITY) has caused this Third Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Ricardo Reyes (EMPLOYEE) has signed and executed this THIRD
AMENDMENT TO AGREEMENT FOR EMPLOYMENT FOR CITY MANAGER - THE CITY OF HUNTINGTON PARK, in triplicate, the day and year first written above.
RICARDO REYES CITY OF HUNTINGTON PARK:
____________________ _______________________
Ricardo Reyes Marilyn Sanabria, Mayor
City Manager
ATTEST: APPROVED AS TO FORM:
_________________ ___________________
Eduardo Sarmiento, City Clerk Arnold M. Alvarez-Glasman, City Attorney