AMENDMENT NO. 3 TO THE
CITY MANAGER EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF RIALTO & MARCUS FULLER
This AMENDMENT NO. 3 TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF RIALTO AND MARCUS FULLER (“Amendment”) is made and entered into July ___, 2022, by and between the CITY OF RIALTO, a general law city and municipal corporation (the “City”) and Marcus Fuller, an individual (“Fuller”). The City and Fuller may be collectively referred to as the “Parties” throughout this Amendment.
RECITALS
WHEREAS, on May 25, 2021, the City entered into the Employment Agreement between the City and Fuller (the “Agreement”); WHEREAS, the Agreement contains a base salary adjustment provision that provides that Fuller’s base salary shall maintain a separation of at least ten percent (10%) from the base salary of the next most highly compensated exempt employee of the City; WHEREAS, on July __, 2022, the City adjusted the City’s Police Chief base salary to $322,716.36 per annum, which exceeds Fuller’s current base salary and results in making the Police Chief the most highly compensated exempt employee of the City; WHEREAS, In accordance to the Agreement, the Parties wish to adjust Fuller’s base salary in compliance with section 2.1 of the Agreement; and WHEREAS, the City and Fuller now desire to amend the Agreement through this Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Fuller hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
SECTION 2. Subsection 2.1 [Base Salary] of the Agreement is hereby amended to read as follows:
“2.1 Base Salary. Fuller shall receive an annual base salary of three hundred fifty four thousand and nine hundred eighty eight dollars and no cents ($354,988.00) paid on a pro-rated bases according to the bi-weekly payroll schedule in place for City employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the City and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs. City agrees that Fuller’s base salary shall maintain a separation of at least ten percent (10%) from the base salary of the next most highly compensated exempt employee of the City, provided that the City shall have sixty (60) days from the date of written notice by Fuller to the City Council in order to implement any necessary adjustments to Fuller’s base salary.” SECTION 3. Except as otherwise expressly amended by this Amendment, the underlying terms and conditions of the Agreement shall remain in full force and effect.
CITY OF RIALTO
Deborah Robertson, Mayor
ATTEST:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
Eric Vail, City Attorney
Fuller
Marcus Fuller