272481.1
AMENDMENT NO. 2 TO THE AT-WILL LIMITED DURATION EMPLOYMENT
AGREEMENT
BETWEEN CITY OF BARSTOW AND
MARC PUCKETT
FOR INTERIM FINANCE DIRECTOR
This Amendment No. 2 (“Amendment”) to the At-Will Employment Agreement (“Agreement”) is made and entered into this 3rd day of January 2022 by and between the CITY OF BARSTOW, a municipal corporation, hereafter referred to the "CITY" and MARC PUCKETT, hereafter referred to as "EMPLOYEE."
WHEREAS, the CITY and EMPLOYEE entered into an At-Will Employment Agreement (“Agreement”) on April 19, 2021 for the Employee to provide Interim Finance Director Services as more fully explained in the Agreement; and
WHEREAS, the CITY and EMPLOYEE entered into an amendment to the Agreement on October 4, 2021 (Amendment No. 1) extending the Agreement until EMPLOYEE has worked 960 hours in a fiscal year or two weeks after the date on which the CITY’s new, full-time permanent Finance Director begins work, whichever is sooner; and
WHEREAS, Section 7(c) of the Agreement requires that amendments, modifications, or changes may be made to the Agreement and shall become effective on the date contained therein when executed in writing and mutually signed by both parties to the Agreement; WHEREAS, the City and Employee wish to amend the Agreement by extending its termination date; and
NOW THEREFORE, in consideration of the above stated desires and the mutual covenants, terms and conditions, herein contained, the parties hereto mutually and freely agree as follows:
1. The Agreement between CITY and EMPLOYEE is renewed and shall now terminate when the EMPLOYEE has worked 960 hours in a fiscal year or two weeks after the date on which the CITY’s new, full-time permanent Finance Director begins work, whichever is sooner.
2. EMPLOYEE may work more than 960 hours in a fiscal year under the terms of the Agreement if the California Public Employees’ Retirement System confirms that Executive Order N-25-20 suspends the 960 work hour limitation for EMPLOYEE.
3. All terms not herein defined shall have the same meaning and use as set forth in the Agreement.
4. All other terms, conditions, and provisions of the Agreement and any subsequent successor Agreements not in conflict with this Amendment, shall remain in full force and effect.
272481.1
IN WITNESS THEREOF, the Parties have caused this Amendment No. 2 to the Agreement to be executed as of the date first above written. "EMPLOYEE" "CITY"
Marc Puckett Paul Anthony Courtney, Dr.B.A.,.Mayor
APPROVED AS TO LEGAL FORM:
Matthew T. Summers, City Attorney