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HomeMy Public PortalAboutAgreement_2010-07-20_Jose Pulido_1st AmendmentFIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER by and between RT: CITY OF TEMPLE CITY and JOSE E. PULIDO Dated July 20 2010 RIV 94842-9720.5254 vi FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER This First Amendment to Employment Agreement for the Position of City Manager ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("CITY"), and Jose E. Pulido, an individual ("PULIDO"), as follows: RECITALS A. CITY and PULIDO entered into an Employment Agreement for the Position of City Manager on October 6, 2009 ("Agreement"). The Agreement provides that PULIDO will serve at -will as the CITY's City Manager and sets the terms and conditions of such employment. B. Section 2 of the Agreement provides the terms and conditions of PULIDO's compensation under the Agreement, and Section 4 of the Agreement provides the terms and conditions governing contributions to CalPERS. C. PULIDO has volunteered to take a reduction in compensation for fiscal year 2010/11 that matches the compensation reductions that the City has required all other employees to take due to balance the CITY's budget. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 A new Section 2.5.1.1 is added. Section 2.5.1.1 is added to the Agreement and shall read as follows: "2.5.1.1. Fiscal Year 2010/11. Notwithstanding Section 2.5.1, for Fiscal Year 2010/11, CITY shall pay 100% of the annual premiums for health, dental and vision insurance for PULIDO, and 100% of the annual premiums for dental and vision insurance for PULIDO's dependants. PULIDO shall pay eight hundred and twenty two dollars ($822) toward the annual health insurance premiums for his dependants, and the CITY shall pay the remainder of the health insurance premiums for PULIDO's dependants." 1.2 A new Section 4.1 is added. Section 4.1 is added to the Agreement and shall read as follows: "4.1. Fiscal Year 2010/11. Notwithstanding Section 4, for Fiscal Year 2010/11, CITY shall pay the full employer contribution to CalPERS. The full employee contribution to CalPERS for fiscal year 2010/11 is 8%, of which CITY will pay 7% and PULIDO will pay 1%. RIV 94842-9720-5254 vl -2- 2. GENERAL PROVISIONS. 2.1 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. 2.2 Integration. This First Amendment consists of pages 1 through 3 inclusive, which constitute the entire understanding and agreement of the parties 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. 2.3 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 appropriate authorities of the CITY and PULIDO. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 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 hereto have executed this First Amendment to the Agreement on the date and year first written above. JOSE E. PULIDO: Jose EZIT61ido, City Manager ATTEST: Mary Flanck, City Clerk Rw 94842.9720-5254 vt -3- THE CITY OF TEMPLE CITY cC Fernando izq ra, Mayor Eric S. ai , City t rney