HomeMy Public PortalAboutAgreement_2017-11-07_Bryan Cook_Second AmendmentSECOND 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
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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
Bryan Cook, City Manager
ATTEST:
Peggy K o, City Clerk
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F-11:111MMID P as
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