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CC - Item 5D - Approval of First Amendment to City Clerk Employment Agreement E M e 5 Is d 9 rROSEMEAD CITY COUNCIL CIVIC.P,R�IDE STAFF REPORT /ryCOiiPORATED 1°359 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER j6i,•N DATE: MAY 28, 2019 SUBJECT: APPROVAL OF FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT SUMMARY The City and the City Clerk entered into an Employment Agreement("Agreement") on April 10, 2018. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "substantially exceeds expectations" review with a 5 rating. A substantially exceeds expectations review entitles the City Clerk to a 5% salary increase. The City Council also desires to reclassify the City Clerk position from Mid-Management to Management, which includes Management Benefits and an additional 3% salary increase to the to help close the gap between her current salary and the Management base salary. The annual salary for the position of City Clerk shall be a total of$103,352.24. STAFF RECOMMENDATION That the City Council consider approving the First Amendment to the City Clerk Employment Agreement reclassifying the position to Management and a salary increase totaling$103,352.24. ANALYSIS In addition to the City Clerk duties, Ericka Hernandez has also taken the responsibilities of the City's Risk Manager. She plans, organizes, directs, and coordinates the City's risk management. program; directs and manages the purchase of property, vehicle, casualty, liability, and workers' compensation insurance; and recommends coverages, deductible amounts, and retention levels. She coordinates and monitors the work of claims adjusters; confers with managers and department heads to determine loss prevention and safety. She now runs the newly created Beautification Commission. She creates agendas and staff reports, conducts research and executes new programs, and coordinates existing Beautification programs. AGENDA ITEM NO. 5.D City Council Meeting May 28,2019 Page 2 of 2 Staff conducted an informal salary survey of City Clerk's compensations from the following agencies: Alhambra $122,544 Diamond Bar $124,104 Duarte $110,664 El Monte No Match La Puente $115,020 Montebello No Match Monterey Park No Match Pico Rivera $124,836 San Dimas No Match San Gabriel $158,268 Temple City $111,768 STRATEGIC PLAN IMPACT -None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Attachment: a. Amendment to City Clerk Employee Agreement 5 E 0 O w civic PRJDE cORAOpATEO,s Attachment A Amendment to City Clerk Employee Agreement FIRST AMENDMENT TO CITY CLERK EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ROSEMEAD AND ERICKA HERNANDEZ AMENDMENT NO. 1 This First Amendment (the "First Amendment") is made and entered into effective May 28, 2019, by and between the City of Rosemead, California, a municipal corporation (the "City") and Ericka Hernandez, an individual (the "City Clerk"). The City and the City Clerk are sometimes individually referred to as a"Party" and collectively as "Parties." RECITALS A. The Parties entered into an Employment Agreement (the "Agreement") on April 10, 2018. B. On April 9, 2019, the City Council approved an adjustment to employee benefits for the City Clerk, which resulted in a 5% increase to the City Clerk's salary. C. Section 3 of the Agreement permits the City Council to conduct performance evaluations and grant increases in salary. D. Pursuant to Section 3 (A)(2) of the Agreement, the City Council conducted the City Clerk's performance evaluation. The City Clerk received a "Substantially exceeds expectation"review with a 5 rating. E. The City Council also desires to reclassify the City Clerk position from Mid-Management to Management, implement a 3% adjustment with Management benefits, in addition to the 5%performance evaluation increase. F. The Parties now desire to amend the Agreement to reflect the increase in the City Clerk's annual salary. OPERATIVE PROVISIONS 1. AMENDMENT Section 3 (a)(1)(a) of the Agreement is hereby amended to read as follows: The annual salary for the position of City Clerk shall be a total of$103,352.24. 2. REMAINDER UNCHANGED Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 3. INTEGRATION This First Amendment constitutes the entire understanding and agreement of the parties 1 and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First.Amendment. 4. EFFECTIVE DATE This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the Parties. 5. APPLICABLE LAW The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 6. REFERENCES All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement, as of the date first indicated above. City City Clerk CITY OF ROSEMEAD Ericka Hernandez A Municipal Corporation An Individual By: Margaret Clark Ericka Hernandez Mayor City Clerk ATTEST: By: Ericka Hernandez City Clerk APPROVED AS TO FORM: By: Rachel H. Richman City Attorney 2