19-059 Amendment #1 02-05-2020FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER
This First Amendment to Employment Agreement for City Manager ("First Amendment
to Agreement") is made and entered into this S "4day ofJeftuia-ry 2020, by and between the CITY
Feb rv,r I
OF CUPERTINO, STATE OF CALIFORNIA, a Municipal Corporation, by and through its City Council
EMPLOYER"), and Deborah L. Feng ("EMPLOYEE" and, together with EMPLOYER, the
PARTIES").
RECITALS:
A. On April 8, 2019, EMPLOYER and EMPLOYEE entered the Employment
Agreement for City Manager ("Agreement") governing EMPLOYEE'S
employment as Cupertino City Manager.
B. The PARTIES now wish to amend the Agreement with this First Amendment to
Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
PARTIES agree as follows:
1. Section 2.03 of the Agreement titled "Performance Evaluation Procedures" shall be
amended to provide that EMPLOYEE shall be reviewed and evaluated next in July 2020.
2.Section 3.01 of the Agreement titled "Compensation" shall be amended to provide
that EMPLOYER shall pay EMPLOYEE a one-time performance bonus of Nineteen
Thousand Dollars ($19,000).
3. Section 4.02 of the Agreement titled "Vacation and Sick Leave" shall be amended to
provide that EMPLOYEE's vacation shall be advanced such that EMPLOYEE shall be
deemed to have accrued three (3) weeks' (120 hours) vacation as of January 21, 2020,
which shall be 100% of the vacation EMPLOYEE is eligible to accrue during the first year
of employment under Section 4.02 of the Agreement. On the one-year anniversary of
EMPLOYEE's employment (June 3, 2020), EMPLOYEE shall begin to accrue three (3)
weeks' vacation for the second year of employment in the normal course in accordance
with Section 4.02 of the Agreement.
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4. All other terms and conditions of the Agreement shall be unchanged and in full force and
effect.
IN WITNESS WHEREOF, EMPLOYER has caused this First Amendment to Agreement to be
signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE
has signed and executed this First Amendment to Agreement for City Manager, both in
duplicate, the day and year first above written.
ATTEST: CITY OF CUPERTINO
Date:Date:
E 'PtOYEE Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
1199002.3
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