HomeMy Public PortalAboutAgreement_2016-11-15_Bryan Cook_First AmendmentATTACHMENT 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 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. The Agreement has not previously been amended.
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. By separate action the City Council has awarded COOK, upon successful
completion of his annual evaluation in 2016, a onetime "non-PERSable" 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 in this Amendment.
B. The purpose of this First Amendment is to amend Sections 2.1 "Base
Salary" to memorialize the City Council's decision to increase COOK's base salary by
Five Thousand Dollars and No Cents ($5,000).
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein,
the parties do hereby enter into this First 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 Thousand Dollars and No Cents ($190,000) 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
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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 transaction discussed in this First Amendment.
2.3 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 COOK.
2.4 Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this First Amendment.
2.5 References. All references to the Agreement include all their respective
terms 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 OF TEMPLE CITY
Vincent Yu, Mayor
§rya Cook, City Manager
Peggy I uo, City Clerk
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APPROVED AS TO FORM
Eric S. Vail, City Attorney