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23152.06030\31853810.1 <br />SECOND AMENDMENT TO THE CITY OF COLTON <br />CITY MANAGER EMPLOYMENT AGREEMENT <br />(WILLIAM SMITH) <br /> <br /> <br />This Second Amendment to the City Manager Employment Agreement (“Second <br />Amendment”) between the City of Colton (“City”) and William Smith (“Employee”) is entered <br />into this ____ day of March 2019 (“Effective Date”). <br /> <br /> <br />RECITALS <br /> <br /> WHEREAS, the City entered into an original City Manager Employment Agreement <br />(“Original Agreement”) with Employee February 18, 2015, and <br /> <br /> WHEREAS, the City entered into a First Amendment to the Original Agreement (“First <br />Amendment”) on May 16, 2017, in order to extend the term of the Original Agreement through <br />February 18, 2022, and <br /> <br /> WHEREAS, the City and Employee now desire to further amend the Original Agreement, <br />as amended by the First Amendment, in order to modify Employee’s compensation and benefits. <br /> <br /> <br /> NOW, THEREFORE, the above named parties hereby mutually agree and promise as <br />follows: <br /> <br /> 1. Section 2.1 of the Original Agreement is hereby amended to increase Employee’s <br />annual base salary by 6.8% and to read as follows: <br /> <br /> City agrees to pay City Manager, and City Manager agrees to accept from City, as <br />compensation for services rendered by City Manager pursuant to this Agreement, an annual base <br />salary, commencing on the Effective Date, in the amount of One Hundred Ninety-Eight Thousand, <br />Six Hundred Forty-Eight Dollars ($198,648.00) (hereinafter “Annual Base Salary”), payable in <br />installment payments in the same manner and at the same times as salaries of other executive <br />managers of the City are paid. <br /> <br /> 2. Section 2.4 is added to share the costs of the employer contribution pursuant to <br />Government Code Section 20516 and to read as follows: <br /> <br /> Employee agrees to a cost sharing arrangement under Government Code section 20516 (f) <br />wherein he shall pay three percent (3%) of his compensation as a contribution toward the City’s <br />CalPERS employer contribution rate. Employee further authorizes the City to deduct this three <br />percent (3%) contribution from his pay. <br /> <br /> 3. Except as amended by this Second Amendment, all other terms of the Original <br />Agreement and the First Amendment shall remain in full force and effect. <br />1.1.1 <br />Packet Pg. 9 <br />At <br />t <br />a <br />c <br />h <br />m <br />e <br />n <br />t <br />: <br /> <br />P <br />r <br />o <br />p <br />o <br />s <br />e <br />d <br /> <br />S <br />e <br />c <br />o <br />n <br />d <br /> <br />A <br />m <br />e <br />n <br />d <br />m <br />e <br />n <br />t <br /> <br />t <br />o <br /> <br />E <br />m <br />p <br />l <br />o <br />y <br />m <br />e <br />n <br />t <br /> <br />A <br />g <br />r <br />e <br />e <br />m <br />e <br />n <br />t <br /> <br /> <br />( <br />1 <br />1 <br />9 <br />8 <br /> <br />: <br /> <br />C <br />M <br /> <br />e <br />m <br />p <br />l <br />o <br />y <br />m <br />e <br />n <br />t <br /> <br />a <br />g <br />r <br />e <br />e <br />m <br />e <br />n <br />t <br />)