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Home My Public Portal About10) 7F Second Amendment to City Manager Employment AgreementAGENDA ITEM ?.F. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: November 7, 2017 TO: The Honorable City Council FROM: Eric Vail, City Attorney Greg Murphy, Assistant City Attorney SUBJECT: SECOND AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT RECOMMENDATION: The City Council is requested to approve the attached Second Amendment (Attachment "A") to the City Manager's Employment Agreement , granting the City Manager a 2% cost of living increase . BACKGROUND: 1 . The City entered into an Employment Agreement for the Position of City Manager on August 28th , 2014 ("Agreement "). The Agreement provides that City Manager Bryan Cook will serve at-will and sets the terms and conditions of his employment. 2. In 2016, after reviewing his performance, the City Council granted the City Manager a $5 ,000 increase in his base compensation. 3. On June 5, 2017, the City Council adopted Resolution No. 17 -5257 (Attachment "B") adding a cost of living increase of 2% to salaries for City employees. 4 . After reviewing his performance this year, the City Council desires to grant the City Manager a 2% cost of living increase to his base compensation, the amount of $3,800 . 5 . In order to effectuate the cost of living increase, an amendment to the City Manager's Employment Agreement is required . ANALYSIS: The Council is aware of the management of the City and its programs and projects and has directed the City Attorney's office to prepare a Second Amendment to the City Manager's Employment Agreement for the purpose of granting an increase in the City City Council November 7, 2017 Page 2 of 2 Manager's base compensation. The increase is to be 2% of the City Manager's current salary, consistent with the cost of living adjustment granted to City employees by virtue of the Council's adoption of Resolution No. 17-5257 on June 5, 2017. CITY STRATEGIC GOALS: Approval of the Second Amendment to the City Manager's Employment Agreement will further promote City's Strategic Goal of Good Governance. FISCAL IMPACT: This item is well within the Fiscal Year (FY) 2017-18 City Budget. ATTACHMENT: A. Second Amendment to the City Manager Employment Agreement B. Resolution 17-5257 ATTACHMENT A SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER by and between the CITY OF TEMPLE CITY and BRYAN COOK Dated November 7, 2017 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER This Second Amendment to Employment Agreement for the 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 Bryan Cook, an individual ("COOK"), as follows: 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. B. The parties agree that compensation and benefits that were approved by the City Council for non-represented management employees from time to time since COOK's commencement with the City, including without limitation any compensation and benefits authorized by Resolution Nos. 15-5117 and 16-5172, were not applied to COOK and are not applicable to COOK. C. After reviewing his performance in 2016, the City Council adopted a First Amendment to the Agreement that increased COOK's base salary by Five Thousand Dollars and No Cents ($5,000). D. On June 5, 2017, the City Council adopted Resolution No. 17-5257 adding a 2% cost of living increase that would apply to all salaries for City employees. E. The purpose of this Second Amendment is to amend Section 2.1 "Base Salary" to memorialize the City Council's decision to add the cost of living increase to COOK's base salary. 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: 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-Three Thousand Eight Hundred Dollars and No Cents ($193,800) paid according to the payroll schedule in place for CITY employees paid bi-weekly. Any and all adjustments to COOK's base -2- salary compensation will be obtained through negotiation with the City Council and are not governed by CITY's Personnel Policies. SECTION 2.0 GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Second 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 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 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 COOK. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 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. CITY OF TEMPLE CITY Cynthia Sternquist, Mayor Bryan Cook, City Manager ATTEST: APPROVED AS TO FORM Peggy Kuo, City Clerk Eric S. Vail, City Attorney -3- I I ATTACHMENT B RESOLUTION NO. 17-5257 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA AMENDING THE SALARY RANGES FOR UNREPRESENTED FULL TIME MANAGEMENT POSITIONS THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council hereby approves increases in the salary ranges for full time classifications (Exhibit "1") implementing a 2.0% salary adjustment for unrepresented full time management classifications, effective with the pay period ending July 7, 2017. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED on this 6th day of June, 2017. William Man, Mayor ProTem ATTEST: APPROVED AS TO FORM: Peggy K o, C1t Clerk I hereby certify that the foregoing resolution, Resolution No. 17-5257, was duly passed, approved and adopted by the City Council of the City of Temple City at a regular meeting held on the 6th day of June 2017, by the following vote : AYES : NOES : ABSENT: ABSTAIN : Councilmember-Chavez, Fish, Yu, Man Councilmember-None Councilmember-Sternquist Councilmember-None I G ~10vw Peggy u , 1ty Clerk FULL TIME CLASSIFICATIONS Administrative Assistant to the City Council and City Manager Administrative Services Director Assistant to the City Manager/Economic Development Manager City Clerk Community Development Director Parks and Recreation Director Parks and Recreation Manager Planning Manager Public Safety S~pervisor -- - CITY OF TEMPLE CITY FULL TIME SALARY RANGES-UNREPRESETNED FISCAL YEAR 2017-18 1 2 3 $ 4,235 -- $ 10,536 - - $ 8,492 -- $ 7,360 -- $ 10,557 -- $ 9,788 -- $ 6,906 $ 8,166 -- $ 6,768 -- - ~~- Exhibit 1 STEPS I 4 5 6 7 ---$ 5,360 I -- -$ 13,331 ---$ 10,746 - - -$ 9,314 ---$ 13,359 - - -$ 12,384 $ 8,739 - - -$ 10,332 -------------L_ ____ -~ -L .. -$ 8,564 -~ - -