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HomeMy Public PortalAboutAgreement_2013-12-04_Jose Pulido_1st Amendment to Amended and Restated1 11 M 111ka v Mel a.:! by and between and Dated December 4, 2013 LA ft4818-4623-3623 v I FIRST AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER This First which is dated for Amendment to Employment Agreement for reference as indicated on the cover page, is the Position of City Manager ("First Amendment"), 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 63 2009 ("Original Agreement"). The Original Agreement was subsequently amended on July 20, 2010 ("First Amendment") and on August 2, 2011 ("Second Amendment"). On November 6, 2012, the Original Agreement, First Amendment and Second Amendment were superseded by an Amended and Restated Employment Agreement ("Current Agreement"). B. Under Section 2.6 of the Current Agreement, Pulido receives a vehicle allowance of Three Hundred Dollars (5300) per month to offset the cost of using his personal vehicle for City business. The parties now desire to amend Section 2.6 such that the vehicle allowance payments to Pulido will cease at such time as City takes delivery of a new hybrid vehicle and assigns such vehicle to Pulido for his exclusive use. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter nto this First Amendment which modifies and amends the Agreement as follows: AMENDMENT. The Current Agreement is hereby modified and amended as follows: 1.1 Section 2.6 "Vehicle Operation" is amended. Section 2.6 of the Current Agreement is hereby amended to read as follows: "2.6. City -Owned Vehicle. City will provide Pulido with a monthly vehicle allowance in the amount of hree hundred dollars ($300) until City has taken delivery of a hybrid powered vehicle ("City -Owned Vehicle") and assigned it to City Manager for his exclusive use. The parties estimate that the City -Owned Vehicle will be delivered to City by January 2014. Until delivery and assignment of the City -Owned Vehicle, Pulido shall keep in good standing a liability insurance policy in an amount of not less than one hundred thousand dollars ($100,000.00) naming City as an additional insured on his personal vehicle and keep his personal vehicle in reasonable repair, shall obey all traffic laws relating to operation of the vehicle and shall use due care and caution in its operation. Upon delivery of the City -Owned Vehicle, City shall assign it to Pulido for his exclusive use in the performance of his duties as City Manager. Such use shall include personal use reasonably related to the performance of his duties such as travel to and from work. City shall directly pay for, or reimburse Pulido for, if necessary, the cost of automobile registration, insurance, fuel and maintenance for the City -Owned vehicle. Upon the City's assignment of the City -Owned Vehicle to Pulido, City shall prorate the vehicle allowance for the month of delivery, and thereafter Pulido shall not be entitled to receive any other further vehicle allowance. Pulido shall keep the vehicle in reasonable repair, shall obey all traffic laws relating to operation of the City -Owned Vehicle and shall use due care and caution in its operation." GENERAL PROVISIONS. 1.2 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. LA #481 R-4623-3623 v 1 -2- 1.3 Integration. This First Amendment consists of pages 1 through _ 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. 1.4 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 appropriate authorities of the CITY and Pulido. 1.5 1.6 References. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment, in this First Amendment have IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY MANAGER Jose E. Pulid 6,11 pager ATTEST: Peggy K , Ae4gCity Clerk THE CITY OF TEMPLE. CITY APPROVED AS TO FORM Erie S. 44, City Attorney LA #48 1 8-4623 3 623 vL -3- 1.6 References. All references to the Agreement include all their respective tetlns 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. CITY MANAGER Jose E. Pulid 6,11 pager ATTEST: Peggy K , Ae4gCity Clerk THE CITY OF TEMPLE. CITY APPROVED AS TO FORM Erie S. 44, City Attorney LA #48 1 8-4623 3 623 vL -3-