FIRST AMENDMENT TO EMPLOYMENT AGREEMENT FOR CITY MANAGER This First Amendment to Employment Agreement (“First Amendment”) is made and entered into this 20th day of October, 2026, by and between the CITY OF CUPERTINO, STATE OF CALIFORNIA, a Municipal Corporation, by and through its City Council (“EMPLOYER”), and Eshverya Gianchandani aka Tina Kapoor (“EMPLOYEE”) and, together with EMPLOYER, the “PARTIES”.
RECITALS:
A. EMPLOYER is a Municipal Corporation of the State of California.
B. On November 18, 2025, EMPLOYER, in accordance with the provisions of its Municipal Code, and EMPLOYEE, entered into an Employment Agreement (“Agreement”) for EMPLOYEE to serve as City Manager.
C. 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:
2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base annual compensation shall be Three Hundred and Fifty-Three and Six Hundred Fifty Thousand Dollars and No Cents ($353,650) annually (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time that other employees of the City are paid. Such Salary shall be inclusive of the 2026 cost of living adjustment, retroactive to July 1, 2026, and adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.
5.2 Annual evaluation. The City Council will endeavor to review and evaluate the performance of Employee annually in the first two weeks of July 2027, and every July thereafter for the remaining term of this agreement. It shall be the obligation of Employee to notify the City Council no later than June 30 of each year of the need to conduct the evaluation pursuant to this Section. In addition, Employee shall submit for the City Council's consideration, no later than June 30 of each year of the term of this Agreement, Employee's proposed annual performance goals/objectives and plan of action for the upcoming fiscal year and incorporate the City Council's suggestions as appropriate. Such review and evaluation shall be conducted concurrently with an annual salary review and in accordance with the purpose noted in Section 5.1 and will be based on specific criteria developed by the City Council and the EMPLOYEE.
6.3 Vacation leave. Employee shall accrue vacation leave on a per pay period basis as follows:
Employee shall accrue at the rate of 120 hours per year, to a maximum of 320 hours during the term of this Agreement.
All other terms and conditions of the Agreement shall be unchanged and remain in full force and effect.
IN WITNESS WHEREOF, EMPLOYER has caused this 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 Agreement, both in duplicate, to be effective the day and year first above written.
ATTEST: CITY OF CUPERTINO
Date: ____________________________ Date: ____________________________ _________________________________ _________________________________ “EMPLOYEE” Mayor
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City Clerk
APPROVED AS TO FORM:
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Interim City Attorney