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HomeMy Public PortalAbout14) 10A Amendment to City Managers Employment AgreementAGENDA ITEM 10.A. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: November 15, 2016 TO: The Honorable City Council FROM: Eric S. Vail, City Attorney SUBJECT: AMENDMENT TO CITY MANAGER'S EMPLOYMENT AGREEMENT AND AWARD OF A ONE-TIME PERFORMANCE BONUS RECOMMENDATION: The City Council is requ.ested to: 1. Approve the award of a one-time performance bonus in the amount of Five Thousand Dollars ($5,000) to City Manager Bryan Cook, payable at the next regular payment period. 2. Approve the First Amendment to Employment Agreement for the Position of City Manager, which amends section 2.1 of the Agreement to increase his base salary to One Hundred and Ninety Thousand Dollars ($190,000). BACKGROUND: Bryan Cook was appointed as City Manager and commenced services with the City on September 15, 2014. At that time, his base salary was One Hundred Eighty-F ive Thousand Dollars ($185,000). Mr. Cook's Employment Agreement has not been amended in any fashion since his commencement. Mr. Cook has not been awarded or otherwise received any additional compensation or benefits, his base salary has not been increased, and he has not been awarded or received a performance bonus. During this same period, the City Council has approved various compensation and benefit enhancements for non-represented management employees and for general employees, including without limitation Resolutions 15-5117 and 16-5172. These compensation and benefits enhancements have not been applied to the City Manager. City Council November 15, 2016 Page 2 of 2 During several sessions held during September and October and concluding on November 15 \ the City Council conducted Mr. Cook 's evaluation . The Counci l determined that Mr. Cook's performance warranted the compensation enhancements addressed in this staff report. ANALYSIS: The Mayor informed the City Attorney that the City Council , at its November 1st closed session was unanimously recommending that the City Manager be awarded a $5,000 increase to his existing base salary and a one-time "non-PERSable" performance bonus of $5 ,000. The First Amendment to Employment Agreement attached to this staff report as Exhibit "A", would implement that recommendation. If the recommended actions in this staff report are approved by City Council at a regularly scheduled Council meeting, the increase in base salary will take effect, and the one-time performance bonus will be payable, at the next regular pay period . FISCAL IMPACT Any approval of additional compensation by the City Council, as recommended in the staff report, will be incorporated into the Second Quarter Budget Amendment. A TT ACHMENT(S) A. First Amendment to Employment Agreement for the Position of City Manager. ATTACHMENT A FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER by and between the CITY OF TEMPLE CITY and BRYAN COOK Dated November 15, 2016 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER This First Amendment to Employment Agreement for the 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 Bryan Cook, an individual ("COOK"), as fo l lows: RECITALS A. CITY and COOK entered into an Employment Agreement for the Position of City Manager on August 28th, 2014 ("Agreement"). The Agreement provides that COOK will serve at-will as the CITY's City Manager and sets the terms and conditions of such employment. The Agreement has not previously been amended. B. The parties agree that compensation and benefits that were approved by the City Counc il for non-represented management emp loyees from time to time since COOK's commencement with the City, inc luding without limitation any compensation and benefits authorized by Reso lu tion Nos. 15-5117 and 16-5172, were not applied to COOK and are not applicable to COOK. C. By separate action the City Council has awarded COOK, upon successful completion of his annual evaluation in 2016, a onetime "non -PER Sable" performance bonus of Five Thousand Dollars and not cents ($5,000), which award does not require amendment to the Agreement and is in addition to any adjustments to COOK's compensation provided for i n this Amendment. B. The purpose of this First Amendment is to amend Sections 2.1 "Base Salary" to memoria lize the City Counci l's decision to increase COOK's base salary by Five Thousand Do llars and No Cents ($5,000). OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited here in, the parties do hereby enter into this First Amendment which mod ifies and amends the Agreement as follows: SECTION 1.0 AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Section 2.1 "Base Salary" is amended to read as set forth below: 2.1 Base Salary. COOK shall receive an annual base salary of One Hundred Ninety Thousand Dollars and No Cents ($190,000) paid according to the payro ll schedule in place for CITY employees paid bi - weekly . Any and all adjustments to COOK's base salary compensation wil l be obtained through negotiation with the City Council and are not -2- governed by CITY's Personnel Policies . In addition, COOK will be awarded a one-time bonus of Five Thousand Dollars ($5,000). SECTION 2.0 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 transact io n discussed in this First Amendment. 2.3 Effective Date. This First Amendment shall not become effective until the date it has been forma ll y approved by the City Council and executed by the appropriate authorities of the CITY and COOK . 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and en forcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms uti l ized 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 execu ted th is First Amendment to t he Agreement on the date and year fi rst written above. CITY OF TEMPLE CITY Vincen t Yu, Mayor Bryan Cook, City Manager ATTEST: APPROVEDASTOFORM Peggy Kuo, City Clerk Eric S. Vail, City Attorney -3-