FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN VILKO DOMIC AND THE CITY OF COMMERCE This FIRST AMENDMENT TO ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN VILKO DOMIC AND THE CITY OF COMMERCE ("First Amendment") is entered into on the 14th day of May 2024, by and between the CITY OF COMMERCE, a Municipal Corporation, hereinafter referred to as "City" and VILKO DOMIC, hereinafter referred to as "Employee", amending certain terms of employment as provided in the ASSISTANT CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") effective September 17, 2019.
RECITALS
Effective September 17, 2019, City and Employee entered into an Employment Agreement whereby Employee was appointed to the position of Assistant City Manager.
Effective November 17, 2023, City and Employee agreed to the appointment of Employee as Acting City Manager with a salary adjustment commensurate with his new acting position.
Effective the date set forth above, this First Amendment to the Agreement modifies Employee’s salary and other essential terms of employment.
All terms and conditions of employment contained in the Agreement, including all terms not specifically amended by this First Amendment shall remain in full force and effect.
NOW, THEREFORE, City and Employee agree as follows:
AMENDMENT TO AGREEMENT
The following Sections to the Agreement are amended to read as follows:
Section 5. A. of the Agreement (Compensation) is amended as follows:
Salary. Effective commencing June 10, 2024, City agrees to pay Employee for his services rendered pursuant hereto an annual base salary of Two Hundred Fifty Thousand Dollars ($250,000.00), payable in bi-weekly installments at the same time as other employees of the City are paid. In the event the City Council awards the City’s Executive Management Group (Department Heads) with an increase, the Employee’s base salary shall be adjusted premised upon the following:
The differential calculation (no less than 7.5%) between Employee’s base salary and the top step provided the Executive Management Group (Department Heads highest pay level/step) set forth in the Agreement is removed and shall not be applicable to Employee.
The differential calculation between Employee’s salary and the salary of the City Manager set forth in the Agreement is removed and shall not be applicable to Employee.
Oversight of all functions related to the Finance Department (inclusive of Information Technology) will fall under the responsibility of the Assistant City Manager for the duration of the Agreement.
Any adjustment in salary, other than cost of living adjustments, shall be in the form of a written amendment executed by both parties and approved by the City Council. Such amendment will not operate as a termination of this Agreement (as amended) and shall not constitute the creation of a new agreement or extend the term of the agreement.
All other terms of this Section 5 shall remain unchanged, and all other provisions of Section 5 as set forth in the Agreement shall remain in full force and effect.
III. ALL OTHER TERMS AS SET FORTH IN THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
This First Amendment integrates all terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the Agreement shall control. [END OF TEXT. SIGNATURE PAGE TO FOLLOW.]
IN WITNESS WHEREOF, the City of Commerce (City) has caused this First Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Vilko Domic (Employee) has signed and executed this FIRST AMENDMENT TO AGREEMENT FOR ASSISTANT CITY MANAGER EMPLOYMENT, in triplicate, the day and year first written above.
VILKO DOMIC CITY OF COMMERCE:
____________________ _______________________
Vilko Domic Hugo Argumedo, Mayor
Assistant City Manager
ATTEST: APPROVED AS TO FORM:
_________________ ___________________
Lena Shumway, City Clerk Noel Tapia, City Attorney
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