CC Resolution No. 23-120 approving the First Amendment to Employment Agreement with the City Manager for the City of Cupertino and authorize the Mayor to execute the AgreementRESOLUTION NO. 23-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND PAMELA WU, CITY MANAGER,
AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT
WHEREAS, the City Council desires to conduct an annual evaluation and
performance and salary review of the City Manager in or around August of each
year beginning in 2024 with all other terms and conditions of the Agreement
remaining unchanged and in full force and effect.
WHEREAS, the terms, conditions and provisions of the First Amendment to
Employment Agreement have been reviewed and approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
approve the aforementioned First Amendment to Employment Agreement and
authorizes the Mayor to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City
of Cupertino this 21st day of November 2023 by the following vote:
Members of the City Council
AYES: Wei, Mohan, Chao, Fruen, Moore
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Hung Wei, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
12/5/23
12/5/23
FIRST AMENDMENT TO EMPI,OYMENT AGREEMENT FOR CITY MANAGER
This First Amendment to Employment Agreement (the "Agreement") is by and
between the CITY OF CUPERTINO, STATE OF CALIFORNIA, A Municipal
Corporation, by and through its City Council ("EMPLOYER"), and Pamela Wu
("EMPLOYEE" and, together with EMPLOYER, the "PARTIES").
RECIT ALS
A. The PARTIES entered into the Agreement on August 29, 2022.
B. EMPLOYER is a Municipal Corporation of the State of California.
C. The City Council of the City of Cupertino, in accordance witli the
provisions of its Municipal Code, desires to continue to employ the
services of EMPLOYEE as City Manager.
D. EMPLOYEE desires to continue employment as Cupertino City Manager.
E-It is the desire of both EMPLOYER and EMPLOYEE to set forth the
terms and conditions of said employment.
F. The PARTIES now wish to amend the Agreement with this First
Amendment to Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual covenants herein contained,
the PARTIES agree as follows:
ARTICLE I: TERM OF EMPLOYMENT
1. Section 5.2 of the Agreement is hereby revised as follows:
5.2 Performance Evaluations. The City Council will
conduct an annual evaluation and performance and salary review of
EMPLOYEE in or around August of each year beginning in 2024. The
performance review will be conducted in accordance with the
purpose noted in Section 5.1 above and will be facilitated by a third
party facilitator who is mutually acceptable to the City Council and
EMPLOYEE. The performance review will be based on specific
criteria developed by the City Council after consultation with
EMPLOYEE and the facilitator. Such criteria may be modified as the
City Council may from time to time determine, in consultation with
Page 1
the EMPLOYEE and the facilitator.
2. All other terms and conditions of the Agreement shall be unchanged and shall
remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this Agreement to be signed
and executed in its behalf by its Mayor, and duly attested by its City Clerk, and
EMPLOYEE has signed and executed this Agreement, both in duplicate, the day and
year first above written.
CITY OF CUPERTINO
Date:
Dec 1, 2023
Date:
Pm4 (,t}.
"EMPLOYEE"Mayor
ATTEST:
APPROVED AS TO FORM:City Clerk
C2C/e'l!"[PJoZ!:! !1,423'293'!'!#
City Attorney
Page 2
Dec 5, 2023
23-1 20 approving the First Amendment to City
Manager Employment Agreement - Agreement
FinalAuditReport 2023-12-01
Created:2023-1 2-01
Status:
Melissa Robertson (MelissaR@cupertino.org)
Signed
Transaction ID:CBJCHBCAABAAuTrl GhSAJUEQHVBr9LaCfdUWJ9LMqyFZ
"23-120 approving the First Amendment to City Manager Employ
ment Agreement - Agreement" History
'5 Document created by Melissa Robertson (MelissaR@cupertino.org)
2023-12-01 - 5:3319 PM GMT
(?-> Document emailed to christopher)@cupertino.org for signature
2023-12-01 - 5:34:27 PM GMT
'!5 Email viewed by christopherj@cupertino.org
2023-12-01 - 6:12:55 PM GMT
t@ Signer christopherl@cupertino.org entered name at signing as Christopher D. Jensen
2023-12-01- 6:13:34 PM GMT
t@ Document e-signed by Christopher D. Jensen (christopher)@cupertino.org)
Signature Date: 2023-12-01 - 6:13:36 PM GMT - Time Source: server
[q Document emailed to Pamela Wu (PamelaW@cupertino.org) for signature
2023-12-01-6:13:38 PM GMT
'6 Email viewed by Pamela Wu (PamelaW@cupertino.org)
2023-12-01 - 6:32:35 PM GMT
i@ Document e-signed by Pamela Wu (PamelaW@cupertino.org)
Signature Date: 2023-12-01- 6:32:44 PM GMT - Time Source: server
@ Agreement completed.
2023-12-01 - 6:32:44 PM GMT
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