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Agreement, First Amendment and Second Amendment were superseded by an Amended and Restated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-