HomeMy Public PortalAboutAgreement_2011-08-02_Jose Pulido_2nd amendmentEMPLOYMENT AGREEMENT FOR THE POSITION ON
CITY MANAGER
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Dated August z , 2011
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SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
FOR THE POSITION OF CITY MANAGER
This Second Amendment to Employment Agreement for the Position of City Manager
("Second 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. On or about July 20, 2010, the CITY and PULIDO amended the Agreement ("First
Amendment") to provide that for fiscal year 2010/11, the CITY would pay the full
employer contribution to CalPERS, and that the CITY would pay 7% of the employee
contribution to CalPERS and PULIDO would pay 1% of the employee contribution to
CalPERS.
C. CITY has evaluated the performance of PULIDO and CITY and PULIDO have
negotiated changes to the terns and conditions of the Agreement based upon PULIDO's
performance review.
D. This Second Amendment amends the Agreement to reflect the changes that the CITY and
PULIDO have agreed upon.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this Second Amendment which modifies and amends the Agreement
as follows:
1. AMENDMENTS. The Agreement is hereby modified and amended as follows:
1.1 Section 1.5 ("Hours of Work") is amended to insert the following at the end of
the section:
"Commencing July I, 2011, PULIDO's hours of work shall be on a 9/80
schedule (i.e. PULIDO shall work eighty hours in nine business days,
with the tenth business day off), provided that PULIDO continues to
devote sufficient time to perform his duties as City Manager."
1.2 Section 1.9 ("Residence") is amended to read as follows:
"Residence. PULIDO is not required to live within the boundaries of
CITY. However, PULIDO agrees to maintain a permanent residence
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within a reasonable response time to the Temple City Hall. PULIDO
agrees to be available by cell phone to the CITY on an around the clock
basis."
1.3 Section 2.1 ("Base Salary") is amended to increase PULIDO's base salary by
2%, to $198,900.
1.4 Section 2.6 ("Vehicle Operation") is amended to strike the first sentence and
replace it with the following:
"CITY will provide PULIDO was a monthly vehicle allowance in the
amount of three hundred dollars ($300)."
1.5 Section 2.$ ("Business Related Equipment") is amended to read as follows:
"Business Related Equipment. CITY shall provide PULIDO with access
to a CITY provided cell phone or personal data device as is currently is
use within the CITY (e.g. Blackberry, iPhone or similar device)."
1.6 Section 4 ("Retirement") is amended to add a new subsection 4.2 to read as
follows:
"4.2. Fiscal Year 2011/12 and subsequent fiscal years. For Fiscal Year
2011/12 and subsequent fiscal years, CITY shall pay the full employer
contribution to CaIPERS. PULIDO agrees to pay 1% of the full employee
contribution to CaIPERS and the CITY shall pay the remaining portion of
the employee contribution."
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 Second Amendment consists of pages 1 through 4
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 Second Amendment.
2.3 Effective Date. This Second 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. Once formally approved and executed, the terms of this
Second Amendment shall apply retroactively to July 1, 2011.
2.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Second Amendment.
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2.5 References. All references to the Agreement include all their respective
terms and provisions. All defined terms utilized in this Second Amendment have the same
meaning as provided in the Agreement, unless expressly stated to the contrary in this Second
Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
the Agreement on the date and year first written above.
JOSE E. PULIDO:
Jose E. T
o, City Manager
ATTEST:
Mary Fl `Rdrick, City Clerk
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THE CITY OF TEMPLE CITY
APPROVED AS O FQjW
Eric S. ai City Attorney