19-059 Amendment #2 08-24-2020SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER
This Second Amendment to Employment Agreement for City Manager ("Second
Amendment to Agreement") is made and entered into this 24 day of August 2020, by and
between the CITY 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 17, 2019, EMPLOYER and EMPLOYEE entered the Employment
Agreement for City Manager ("Agreement") governing EMPLOYEE'S
employment as Cupertino City Manager.
B. On February 5, 2020, EMPLOYER and EMPLOYEE entered the First Amendment
to Employment Agreement for City Manager.
B. The PARTIES now wish to amend the Agreement with this Second Amendment
to Agreement.
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
PARTIES agree as follows:
1. Section 3.01A of the Agreement titled "Compensation" shall be amended to provide
that EMPLOYEE shall receive annual base salary of $275,000 retroactive to June 3,
2020.
2. Section 3.02 of the Agreement titled "Deferred Compensation" shall be amended to
read, in its entirety: "In addition to the base salary, EMPLOYER shall pay EMPLOYEE a
one-time deferred compensation of Fifteen Thousand Dollars ($15,000) to be paid in bi-
weekly installments of Five Hundred Seventy Six Dollars and 92 cents ($576.92)
retroactive to June 3, 2020.
3. Section 4.01 of the Agreement titled "Automobile Allowance" shall be amended to
provide that EMPLOYER shall provide EMPLOYEE an automobile allowance of three -
hundred fifty dollars ($350) per month retroactive to June 3, 2020.
Page 1
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 Second 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 Second Amendment to Agreement for City Manager,
both in duplicate, the day and year first above written.
ATTEST:
Date:
Aug 20, 2020
EMPLOYEE
APPROVED AS TO FORM:
ffoa Mer M. Minror
City Attorney
1273400.2
Page 2
CITY OF CUPERTINO
Date: Aug 20, 2020
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Mayor
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City Clerk
SECOND AMENDMENT TO EMPLOYMENT
AGREEMENT FOR CITY MANAGER
Final Audit Report 2020-08-24
Created: 2020-08-19
By: Mariela Vargas (marielar@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAW5ztT4nPb1IEMAp_1gYWfC6Dk4n851HM
"SECOND AMENDMENT TO EMPLOYMENT AGREEMENT FO
R CITY MANAGER" History
L Document created by Mariela Vargas (marielar@cupertino.org)
2020-08-19 - 9:40:39 PM GMT- IP address: 97.86.143.48
C' Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2020-08-19 - 9:43:50 PM GMT
dQ Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2020-08-20 - 2:00:09 PM GMT - Time Source: server- IP address: 24.23.184.82
[�,� Document emailed to Heather M. Minner (minner@smwlaw.com) for signature
2020-08-20 - 2:00:12 PM GMT
L) Email viewed by Heather M. Minner (minner@smwlaw.com)
2020-08-20 - 8:12:40 PM GMT- IP address: 181.214.169.26
64 Document e-signed by Heather M. Minner (minner@smwlaw.com)
Signature Date: 2020-08-20 - 8:13:04 PM GMT - Time Source: server- IP address: 52.39.49.65
17� Document emailed to Steven M. Scharf (sscharf@cupertino.org) for signature
2020-08-20 - 8:13:06 PM GMT
in Email viewed by Steven M. Scharf (sscharf@cupertino.org)
2020-08-20 - 8:14:22 PM GMT- IP address: 104.47.45.254
dQ Document e-signed by Steven M. Scharf (sscharf@cupertino.org)
Signature Date: 2020-08-20 - 8:16:15 PM GMT - Time Source: server- IP address: 24.6.103.17
P+ Document emailed to Deborah L. Feng (debf@cupertino.org) for signature
2020-08-20 - 8:16:17 PM GMT
Adobe Sign
t Email viewed by Deborah L. Feng (debf@cupertino.org)
2020-08-20 - 9:00:32 PM GMT- IP address: 104.47.45.254
CSC Document e-signed by Deborah L. Feng (debf@cupertino.org)
Signature Date: 2020-08-20 - 10:18:42 PM GMT - Time Source: server- IP address: 24.6.12.22
C' Document emailed to Kirsten Squarcia 8/24/20 (kirstens@cupertino.org) for signature
2020-08-20 - 10:18:44 PM GMT
,n Email viewed by Kirsten Squarcia 8/24/20 (kirstens@cupertino.org)
2020-08-20 - 11:48:58 PM GMT- IP address: 104.47.73.126
&0 Document e-signed by Kirsten Squarcia 8/24/20 (kirstens@cupertino.org)
Signature Date: 2020-08-24 - 7:22:23 PM GMT - Time Source: server- IP address: 148.64.105.190
Signed document emailed to Kirsten Squarcia 8/24/20 (kirstens@cupertino.org), Steven M. Scharf
(sscharf@cupertino.org), Mariela Vargas (marielar@cupertino.org), cyrahc@cupertino.org, and 3 more
2020-08-24 - 7:22:23 PM GMT
a Adobe Sign