HomeMy Public PortalAbout20) 10 B Employment Agreement with Bryan Cook for the position of City ManagerAGENDA
ITEM 10 .8
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE : August 19,2014
TO: The Honorable City Council
FROM: Donald E. Penman , Interim City Manager€
SUBJECT: EMPLOYMENT AGREEMENT WITH BRYAN COOK FOR THE POSITION
OF CITY MANAGER
RECOMMENDATION:
The City Council is requested to :
a) Approve the City Manager Employment Agreement (Attachment "A") for Bryan
Cook ; and
b) Authorize the Mayor and City Attorn ey to execute an Employment Agreement with
Bryan Cook effective upon successful completion of his Live Scan check and
physical exam ination.
BACKGROUND:
1. On March 18, 2014, the City and Interi m City Manager, Donald Penman entered
into a Professional Services Agreement with Bob Murray & Associates for
executive recruiting service s for a permanent City Manager.
2. On May 27, 2014 , the City Council met in closed session with Bob Murray &
Associates to review City Manager Applicat ions .
3 . On July 12, 2014, the City Council met in closed session with Bob Murray &
Associates to interview candidates for the City Manager Position.
4 . On July 28, 2014, the City Council met in closed session with Bob Murray &
Associates to interview the finalist for the City Manager Position .
5 . On August 8 , 2014, the City Council met i n closed session to consider finalist for
the City Manager position .
City Council
August 19 , 2014
Page 2 of 2
ANALYSIS:
The approval of the Employment Agreement for the City Manager is necessary to fill a
critical position with the City . The City Man ager is the chief executive officer of the City and
serves as department head for the Management Services Department. He/she is
responsible for the efficient direction of all departments and the administrative affairs of the
City, including direct support to the City Council. The candidate must still successfully
complete his Live Scan check and physical examinat ion .
CONCLUSION :
It is recommended that the City Cou ncil approve the Employment Agreement for the City
Man ager s ubject to su ccessful com pl eti on of Live Scan check and physical examination .
FISCAL IMPACT:
Approval of the City Manager Employment Agreement does not have an impact on the
FY 2014-15 City Budget.
ATTACHMENT:
A. City Manager Employment Agreement for Bryan Cook
I
EMPLOYMENT AGREEMENT
For the Position Of
CITY MANAGER
ATTACHMENT A
This Employment Agreement ("Agreement") is made and entered into this _day
of 2014 , by and between the CITY OF TEMPLE CITY ("CITY"), a California
charter ci ty , and Bryan Cook ("COOK"), an individual , on the following terms and
conditions :
RECITALS
A. CITY desires to emp loy the services of COOK as City Manager of CITY ("City
Manager"), as prov ided for by the Temple City Municipal Code , in consideration of and
subject to the terms, conditions , and benefits set forth in this Agree ment.
B. COOK desires to accept employment as City Manager in consideration of
and subject to the terms , condit ions , and benefits set forth in this Agreement.
OPERATIVE PROVISIONS
In consideration of the promises and covena nts contained herein , the part ies agree
as follows :
1 . Position and Duties .
1.1 Position . COOK accepts employment with CITY as its City Manager and
shall perform all functions , duties and services set forth in Section 1.4 [Duties] of this
Agreement.
1.2 Period of Employment I Commencement Date . COOK's employment with
CITY shall be "at-will ," which means either COOK or CI T Y may terminate the employment
relationship at any time , for any reason or no reason , with or without cause . COOK's
employment shall be subject to the provisions applicable to the office of the City Manager
contained in the Temple 's City 's Charte r and Municipal Code , as they may be amended
from time to time . COOK shall commence the performance of his duties as the City
Manager on Monday, September 15 , 2014 ("Commencement Date") or at such other date
as the parties he reto shall agree in writing .
1.3 At-Will . COOK acknowledges that he is an at-will employee of CITY who
shall serve at the pleasure of the City Council at all times during the period of his service
hereunder. To the extent they conflict with this at-will status, the terms of CITY 's personnel
rules , policies , regulations , procedures , ordinances , and resolutions , in clud ing without
limitation CITY Resolution 12-4885 (co llectively "Personnel Policies "), as they may be
amended or supplemented from time to time , shall not apply to COOK, and nothing in this
Agreeme nt is intended to , or does , confer upo n COOK any right to any property interest in
continued employment, or any due process right to a hearing before or after a decision by
the City Council to terminate his employment , except as is express ly provided in Section 5
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[Termination] of this Agreement. Nothing contained in this Agreement shall in any way
prevent, limit or otherwise interfere with the right of CITY to terminate the services of
COOK as provided in Section 5 [Termination]. Nothing in this Agreement shall prevent,
limit or otherwise interfere with the right of COOK to resign at any time from this position
with CITY, subject only to the provisions set forth in Section 5 [Termination] of this
Agreement.
In addition to the exceptions stated herein, the following provisions of the City’s
Personnel Rules shall be deemed to apply to COOK: Article 1 (Purpose and
Applicability); Article 2 (General Provisions); Article 3 (Definitions); Article 4
(Nondiscrimination); Article 11, Section 1.B. and 1.D. (Timekeeping); Article 12
(Compensation); Article 13 (Performance Evaluations); Article 14 (Records and
Reports); Article 15 (Nepotism and Consensual Romantic Relationships between
Employees); Article 16 (Code of Ethics and Conflict of Interest); Article 19 (Policy
Prohibiting Harassment, Discrimination and Retaliation); Article 24 (Dress Code);
Article 25 (Workplace Safety); and Article 26 (Disaster and Emergency Service
Workers).
In addition to the exceptions stated herein, the following Administrative Policies shall
apply to COOK: Policy No. 1.02 (Use of City Vehicles); Policy No. 1.07 (Acceptance of
Gifts); Policy No. 3.00 (Reimbursement of Expenses); Policy No. 3.01 (Electronic
Communications Policy); Policy No. 4.01 (Drug-Free Workplace Policy); Policy No.
4.03 (Policy Against Harassment, Discrimination, and Retaliation); Policy No. 4.05
(Family Care and Medical Leaves); Policy No. 4.09 (Performance Evaluations); Policy
No. 4.10 (Access to Personnel Files); Policies 5.00-5.99 (Safety).
1.4 Duties. COOK shall serve as the City Manager and shall be vested with the
powers, duties and responsibilities set forth in Section 702 of the Temple Cit y Charter and
Section 2200 et seq. of Chapter 2 of Title 2 of the Temple City Municipal Code, as may be
amended from time to time, the terms of which are incorporated herein by reference.
COOK shall provide service at the direction and under the supervisio n of the City Council.
It is the intent of the parties that the City Manager shall keep the City Council fully apprized
of all significant ongoing operations of CITY. Toward that end, COOK shall report directly
to the City Council and will periodically, or as may be otherwise specifically requested by
the City Council, provide status reports to the City Council on his activities and those of
CITY. It is the intent of the City Council for the City Manager to function as the chief
executive officer of CITY’s organization. Without additional compensation, COOK shall
provide such other services as are customary and appropriate to the position of City
Manager, including serving as the Executive Director of the Successor Agency, together
with such additional services assigned from time to time by the City Council as may be
consistent with California law and the Temple City Charter and Municipal Code. COOK
shall devote his best efforts and full-time attention to the performance of these duties.
Notwithstanding COOK’s duties as City Manager, nothing in this Agreement shall be
construed to prohibit direct communications between the City Council and employees of
CITY in a manner that is consistent with the City’s personnel rules, administrative policies
and City Council policies.
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1.5 Hours of Work. COOK shall devote the time necessary to adequately
perform his duties as City Manager. COOK shall be allowed reasonable flexibility in setting
his own office hours, provided that he has, to the extent reasonably practical, an onsite
presence at City Hall during each day City Hall is open for regular business and that the
schedule of such hours provides adequate availability to the City Council, CITY staff, and
members of the community during normal business hours for City Ha ll and for the
performance of his duties and of CITY business. However, it is Council’s expectation that
COOK will work a five (5) day per week (5/40) schedule. The position of City Manager shall
be deemed an exempt position under state and federal wage a nd hour laws. COOK’s
compensation (whether salary or benefits or other allowances) is not based on hours
worked and COOK shall not be entitled to any compensation for overtime .
1.6 Regional and Professional Activity. The City Council desires COOK to be
reasonably active in national, statewide, regional and professional organizations that will
contribute to City Manager’s professional development and standing and that will contribute
to the advancement of CITY’s interests and standing. Toward that end, COOK may, upon
advance notice to the City Council, undertake such activities as are directly related to his
professional development and that advance the interests and standing of CITY. These
activities may include, without limitation, participation in the Ca lifornia Contract Cities
Association, California League of Cities, ICMA, City Management Foundation, San Gabriel
Valley City Manager’s Association or other similar national, statewide, regional or
professional organizations, and periodic teaching assignme nts of limited duration at
institutions of higher learning or professional instruction located in Southern California,
provided that such activities do not in any way interfere with or adversely affect his
employment as City Manager or the performance of his duties as provided herein. CITY
agrees to budget and, consistent with that budget, pay for the dues and subscriptions of
the City Manager necessary for his participation in national, statewide, regional or
professional organizations. CITY agrees to reimburse, as provided in Section 1.8
[Reimbursement] of this Agreement, COOK’s reasonable and necessary travel, business
and subsistence expenses for the activities described herein, except for the periodic
teaching assignments described above which shall be undertaken at COOK’s own
expense.
1.7 Other Activity. In accordance with Government Code Section 1126, during
the period of his employment, COOK shall not accept, without the express prior written
consent of the City Council, any other employment or engage, directly or indirectly, in any
other business, commercial, or professional activity (except as permitted under Section 1.6
[Regional and Professional Activity]), whether or not to pecuniary advantage, that is or may
be competitive with CITY, that might cause a conflict-of-interest with CITY, or that
otherwise might interfere with the business or operation of CITY or the satisfactory
performance of COOK’s duties as City Manager.
1.8 Reimbursement. CITY shall reimburse COOK for reasonable and necessary
travel, subsistence and other business expenses incurred by COOK in the performance of
his duties. All reimbursements shall be subject to and in accordance with California law
and CITY’s adopted Employee Reimbursement Policy.
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1.9 Residence. COOK is not required to live within the boundaries of CITY.
However, COOK agrees to maintain a permanent residence within a thirty (30) minute
commute time to CITY’S City Hall.
2. Compensation.
2.1 Base Salary. COOK shall receive an annual base salary of One Hundred
Eighty-Five Thousand Dollars and No Cents ($185,000) paid according to the payroll
schedule in place for CITY employees paid bi-weekly. Any and all adjustments to COOK’s
base salary compensation will be obtained through negotiation with the City Council and
are not governed by CITY’s Personnel Policies.
2.2 Evaluation. Annually, and at a time agreed upon by the City Council and
COOK (which time shall be at least thirty (30) days before COOK’s anniversary date), the
City Council will review and evaluate the performance of COOK as City Manager using an
experienced professional outside facilitator mutually agreed upon by the City Council and
COOK. The purpose of the review shall be to provide COOK with feedback on his
performance, desired areas of improvement, and progress in mee ting, achieving, or
exceeding City Council defined goals, objectives, priorities, activities, and programs
(collectively City Manager Work Program). COOK shall meet with the City Council to
establish personal Goals for the following year consistent with the Council articulated
Strategic Plan. Failure of CITY to provide a performance evaluation shall not limit CITY’s
ability to terminate this Agreement pursuant to Section 5 [Termination].
2.3 Deferred Compensation. During the period of employment, COOK shall be
entitled to participate in CITY’s deferred compensation programs at COOK’s own expense,
provided CITY continues to maintain these plans for CITY employees.
2.4 Benefits.
2.4.1 Retirement. COOK shall be enrolled in the State of California’s Public
Employees Retirement System (“CalPERS”) in accordance with CITY’s 2.5% at 55 plan.
CITY shall pay full employer contribution and COOK shall pay their employee contribution,
currently at eight percent (8%). COOK shall be entitled to participate in the 1959 Survivor
Benefit Plan.
2.4.2 Health Insurance. CITY agrees to make available to COOK the same
health, dental and vision insurance coverage on the same terms as CITY makes available
to CITY employees. In regard to health insurance during COOK employment, the CITY
shall pay one hundred percent (100%) of the premium for the CalPERS HMO or PPO plan
(or equivalent plan provided by City) for COOK and his dependents at 50%. The terms and
conditions of COOK eligibility for any post-retirement health insurance coverage shall be
subject to the same terms and conditions as other CITY employees.
2.4.3 Life Insurance. CITY agrees that during the period of employment it
will provide COOK with, and pay the annual premiums for, a term life insurance policy in an
amount equal to Fifty Thousand Dollars and No Cents ($50,000.00).
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2.4.4 Disability Insurance. CITY agrees that during the period of
employment it will pay one hundred percent (100%) of the premium payments applicable to,
and to otherwise permit COOK to participate in, CITY’s short-term and long-term disability
insurance programs, which currently require an eight (8) day waiting period following
illness/injury before qualifying for short-term disability which lasts for up to six (6) months,
with coverage thereafter converting to long-term disability.
2.5 Vehicle Allowance. CITY agrees to pay to COOK a monthly auto allowance
of Three Hundred Dollars and No Cents ($300.00) for use of his personal auto. COOK
agrees that he will keep, at his own expense, his own 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, except that traffic violations that are an infraction under the law shall not be
deemed to be a breach of this Section. COOK shall provide evidence of an auto liability
insurance policy in an amount of not less than one hundred thousand dollars ($100,000.00)
naming CITY as an additional insured. Nothing in this section shall prohibit COOK from
use of a CITY vehicle for City business, as allowed under CITY policies and as determined
appropriate by the City Manager.
2.6 Jury Duty. The City Manager will receive full pay and benefits while
responding to a jury summons or serving on a jury, up to a maximum of fourteen (14)
business days. Any compensation for such jury duty (except travel pay) shall be remitted
to CITY.
2.7 Business Related Equipment. CITY may provide COOK with a cell phone,
or such personal data device as is currently in use within CITY (e.g. BlackBerry, PDA “i -
Phone” or similar CITY approved device) or be provided with an allowance as approved by
the City Council.
3. Vacation and Other Leave.
3.1 Vacation Leave. COOK shall be eligible to accrue vacation leave at a total
of four weeks (20 days or 160 hours) per year of employment. The pa yroll period rate of
vacation leave shall accrue at a rate of 6.15 hours per payroll period. The maximum
amount of vacation leave that COOK may have at any time shall equal six weeks (30 days
or 240 hours). If COOK’s earned but unused vacation leave reaches 240 hours, COOK will
stop accruing vacation leave unless and until the accrued vacation leave falls below 240
hours. Vacation leave will not be earned during the period in which COOK’s benefits are at
such maximum amount. Upon approval of the Mayor a nd concurrence of the
Administrative Services Director and City Attorney, COOK may sell back earned but
unused vacation leave once each quarter up to a maximum of 120 hours per calendar
year. COOK shall be paid the value of any earned and unused vacation leave at the time
of separation of employment for any reason.
3.2 Holidays. Paid holidays shall be in accordance with CITY’s current practices
and are subject to change. Paid holidays will be those deemed authorized by CITY. The
CITY currently provides twelve (12) days paid holidays, including two (2) days floating paid
holidays.
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3.3 Administrative Leave. In addition to the paid leave described in 3.1 above ,
COOK shall be entitled to a portion of five (5) days of administrative leave as of the
Commencement Date. Thereafter, COOK shall be entitled to five (5) days of administrative
leave on July 1 of each fiscal year following the Commencement Date in consideration of
being required to attend City Council meetings. Provided, however, that the maximum
amount of administrative leave that COOK may have at any time shall equal five (5) days.
If COOK’s earned but unused Administrative Leave reaches five (5) days , COOK will stop
accruing administrative leave unless and until the accrued administrative leave fall s below
five (5) days. Upon approval of the Mayor and concurrence of the Administrative Services
Director and City Attorney, COOK may sell back earned but unused administrative leave
once each quarter up to a maximum of five (5) days (40 hours) per calend ar year. COOK
shall be paid the value of any earned and unused administrative leave at the time of
separation of employment for any reason.
3.4 Sick Leave. In addition to the paid leave described in 3.1 above, COOK
shall accrue, use, and otherwise have rights to sick leave consistent with the Council
approved Sick Leave Policy applicable to management employees, as may be amended
from time to time. Consistent with the current policy COOK will: (i) accrue sick leave at a
rate of eight (8) hours per month for a maximum accrual of 96 hours; (ii) the annual grant of
sick leave must be used by June 30 of the fiscal year in which it is granted; (iii) unused sick
leave shall not be carried over into the following year; (iv) no compensation shall be
provided for granted and unused sick leave and such granted and unused sick leave shall
not be paid out to COOK at the time of separation from employment; and (v) unused
administrative leave shall not be converted into vacation leave or administrative leave.
4. Termination.
4.1 By City Not for Cause. Except as is provided in Section 5.1.1 below, CITY
may terminate COOK for any reason, and at any time, with or without cause, by providing
COOK thirty (30) days prior written notice thereof together with the applicable “severance
payment” provided for below. In lieu of providing thirty (30) days prior written notice of
termination, CITY may place COOK on paid leave status during the thirty (30) day notice
period or any portion thereof. CITY may dismiss COOK notwithstanding anything to the
contrary contained in or arising from any Personnel Policies or past CITY practices relating
to the employment, discipline, or termination of its employees. In the first year of COOK’s
employment the calculation of the “severance payment” shall equal six (6) months base
salary, less applicable deductions, plus applicable accrued vacation and administrative
leave as provided herein together with any extension of benefits required under California
law. Thereafter, on the anniversary of the Comme ncement Date, the calculation of the
“severance payment” shall increase by the equivalent of one (1) month of base salary for
each subsequent year of employment up to a maximum of the equivalent of twelve (12)
months of base salary. The maximum cash settlement COOK may receive for termination
of this Agreement shall not exceed the equivalent of twelve (12) months of base salary.
This provision is intended to comply with Government Code Sections 53260 and 53261.
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4.1.1 Termination After Seating of New Councilmember. COOK may not be
terminated, except for cause, within ninety (90) days of the seating of a new CITY
Councilmember.
4.2 By Employee. COOK may terminate his employment for any reason, and at
any time, with or without cause, by providing CITY with thirty (30) days advance written
notice. CITY shall have the option, in its complete discretion, to make COOK’s termination
effective at any time prior to the end of such period, provided CITY pays COOK all
compensation due and owing him through the last day actua lly worked, plus an amount
equal to the base salary COOK would have earned through the balance of the thirty (30)
day notice period.
4.3 By City for Cause. CITY may immediately terminate this Agreement at any
time by providing COOK written notice of his termination for cause. No severance shall be
paid in the event COOK’s employment is terminated for cause, except that CITY shall pay
COOK for his accrued and unused vacation and administrative leave, as provided for in
this Agreement. For purposes of this Agreement, cause for termination shall include, but
not be limited to, the following: theft or attempted theft; material dishonesty; willful or
persistent material breach of duties; engaging in unlawful discrimination or harassment of
employees or any third party while on CITY premises or time; conviction of a felony;
engaging in conduct tending to bring embarrassment or disrepute to CITY and
unauthorized absences. COOK expressly waives any rights provided for Administrative
Personnel under CITY’s Personnel P olicies, any rights provided for the City Manager or
Administrative Personnel under the Temple City Municipal Code or under State or Federal
law to any form of pre or post-termination hearing, appeal, or other administrative process
pertaining to termination, except when COOK has a California or federal constitutional right
to a name clearing hearing.
4.4 Termination Obligations. COOK agrees that all property, including, without
limitation, all equipment, tangible Proprietary Information (as defined below), documents,
records, notes, contracts, and computer-generated materials furnished to or prepared by
him incident to his employment belongs to CITY and shall be returned promptly to CITY
upon termination of COOK’s employment. COOK’s obligations under this subsection shall
survive the termination of his employment and the expiration of this Agreement.
4.5 Benefits Upon Termination. All benefits to which COOK is entitled under
this Agreement shall cease upon COOK’s termination in accordance with this Section 5,
unless expressly continued either under this Agreement, under any specific written policy
or benefit plan applicable to COOK, or unless otherwise required by law.
5. Proprietary Information.
“Proprietary Information” is all information and any idea pertaining in any manner to
the business of CITY (or any CITY affiliate), its employees, clients, consultants, or business
associates, which was produced by any employee of CITY in the course of his or her
employment or otherwise produced or acquired by or on behalf of CITY. Proprietary
Information shall include, without limitation, trade secrets, product ideas, inventions,
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processes, formulae, data, know-how, software and other computer programs,
copyrightable material, marketing plans, strategies, sales, financial reports, forecasts, and
customer lists. All Proprietary Information not generally known outside of CITY’s
organization, and all Proprietary Information so known only through improper means, shall
be deemed “Confidential Information.” During his employment by CITY, COOK shall use
Proprietary Information, and shall disclose Confidential Information, only for the benefit of
CITY and as is or may be necessary to perform his job responsibilities under this
Agreement. Following termination, COOK shall not use any Proprietary Information and
shall not disclose any Confidential Information, except with the express written consent of
CITY. COOK’s obligations under this Section shall survive the termination of his
employment and the expiration of this Agreement.
6. Conflict Of Interest.
COOK represents and warrants to CITY that he presently has no interest, and
represents that he will not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or interfere in any way with performance of his services
under this Agreement.
7. General Provisions.
7.1 Notices. All notices, requests, demands and other communications under
this Agreement shall be in writing and shall be effective upon delivery by hand or three (3)
business days after deposit in the United States mail, postage prepaid, certified or
registered, and addressed to CITY at the address below, and or at the last known address
maintained in COOK’s personnel file. COOK agrees to notify CITY in writing of any change
in his address during his employment with CITY. Notice of change of address shall be
effective only when accomplished in accordance with this Section.
City’s Notice Address:
City of Temple City
9701 Las Tunas Drive
Temple City, CA 917803
Attn: Mayor and City Council
City Manager’s Address: [Deliver to last updated address in personnel file]
7.2 Indemnification. Subject to, in accordance with, and to the extent provided
by the California Tort Claims Act [Government Code Section 810 et seq.] CITY will
indemnify, defend, and hold COOK harmless from and against any action, demand, suit,
monetary judgment or other legal or administrative proceeding, and any liability, injury, loss
or other damages, arising out of any act or omission occurring during COOK’s tenure as
City Manager.
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7.3 Bonding. The CITY shall bear the full cost of any fidelity or other bonds
required of the City Manager under any law or ordinance.
7.4 Integration. This Agreement is intended to be the final, complete, and
exclusive statement of the terms of COOK’s employment by CITY. This Agreement
supersedes all other prior and contemporaneous agreements and statements, whether
written or oral, express or implied, pertaining in any manner to the employment of COOK,
and it may not be contradicted by evidence o f any prior or contemporaneous statements or
agreements. To the extent that the practices, policies, or procedures of CITY, now or in
the future, apply to COOK and are inconsistent with the terms of this Agreement, the
provisions of this Agreement shall control.
7.5 Amendments. This Agreement may not be amended except in a written
document signed by COOK, approved by the City Council and signed by CITY’s Mayor or
designee.
7.6 Waiver. Failure to exercise any right under this Agreement shall not
constitute a waiver of such right.
7.7 Assignment. COOK shall not assign any rights or obligations under this
Agreement. CITY may, upon prior written notice to COOK, assign its rights and obligations
hereunder.
7.8 Severability. If a court or arbitrator holds any provision of this Agreement to
be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force
and effect.
7.9 Attorneys’ Fees. In any legal action, arbitration, or other proceeding brought
to enforce or interpret the terms of this Agreement , the prevailing party shall be entitled to
recover reasonable attorneys’ fees and costs.
7.10 Governing Law . This Agreement shall be governed by and construed in
accordance with the laws of the State of California, with venue proper only in Los Angeles
County, State of California.
7.11 Interpretation. This Agreement shall be construed as a whole, according to
its fair meaning, and not in favor of or against any party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor
against the party responsible for any particular language in this Agreement. Captions are
used for reference purposes only and should be ignored in the interpretation of the
Agreement. This Agreement may be altered, amended o r modified only by an instrument
in writing, executed by the parties to this Agreement and by no other means. Each party
waives their future right to claim, contest or assert that this Agreement was modified,
cancelled superseded or changed by any oral ag reement, course of conduct, waiver or
estoppel.
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7.12 Acknowledgment. COOK acknowledges that he has had the opportunity to
consult legal counsel in regard to this Agreement, that he has read and understands this
Agreement, that he is fully aware of its legal ef fect, and that he has entered into it freely
and voluntarily and based on his own judgment and not on any representations or
promises other than those contained in this Agreement.
IN WITNESS WHEREOF, CITY has caused this Agreement to be signed and
executed on its behalf by its Mayor and duly attested to by its City Clerk, and COOK has
signed and executed this Agreement, as of the date first indicated above.
CITY MANAGER CITY OF TEMPLE CITY
____________________________ ___________________________
Bryan Cook, City Manager Carl Blum, Mayor
ATTEST APPROVED AS TO FORM
____________________________ ___________________________
Peggy Kuo, City Clerk Eric S. Vail, City Attorney