HomeMy WebLinkAbout1st Amendment - Daniel H. Fox JrFIRST AMENDMENT TO CITY OF DIAMOND BAR
CITY MANAGER EMPLOYMENT AGREEMENT
This First Amendment to Employment Agreement ("First Amendment") is made and
entered into as of this 17th day of September, 2019, by and between the CITY OF DIAMOND
BAR, a general law city and municipal corporation (hereinafter "City"), and DANIEL H. FOX,
JR. (hereinafter "Employee"), both of whom agree as follows:
RECITALS
A. City and Employee entered into that certain City Manager Employment Agreement
dated June 6, 2017 ("Agreement")
B. The City and Employee desire to amend and modify certain provisions in the
Agreement as provided in this First Amendment.
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
Vehicle. Paragraph 3 of Section 5 of the Agreement shall be deleted and replaced
in its entirety with the following:
Recognizing that Employee's duties require him to be available to respond 24 hours a day,
seven days a week, including to emergencies, upon Employee's one-year anniversary from the
Effective Date, the City shall, upon Employee's request, provide Employee with the use of a
vehicle and shall pay for all costs and expenses of the maintenance and operation of said vehicle;
provided that City's cost for fuel shall not exceed $200 per month. Employee shall have
unrestricted use of the vehicle. Employee's monthly car allowance will be terminated upon the
City's provision of the vehicle."
2, Leave. Section 8.A of the Agreement shall be deleted and replaced in its entirety
with the following:
Employee shall be entitled to sick leave, vacation leave, administrative leave, floating
holiday and bereavement leave in the same manner as Executive Management employees of the
City. Employee shall accrue leave time at the same monthly rate as provided to Executive
management employees with Employee's tenure. Employee shall also be credited with an
additional 40 hours of administrative leave annually. The additional administrative leave shall be
provided for the period of July 1, 2019, through June 30, 2020, and each fiscal year thereafter.
Employee may not cash out any of this unused additional administrative leave or carry it over into
any subsequent year. Any such additional administrative leave not used during the applicable 12 -
month period shall be forfeited."
3. Integration. This First Amendment integrates all of the terms and conditions
mentioned herein, and supersede all negotiations with respect hereto. This First Amendment
amends, as set forth herein, the Agreement and except as specifically amended hereby, the
Agreement shall remain in full force and effect. To the extent that there is any conflict or
inconsistency between the terms and provisions of this First Amendment and the terms and
provisions of the Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS WHEREOF the parties have executed this First Amendment as of the day
and year first above written.
EMPLOYEE DIL F XJ
CITY OF DIAMOND BAR CAROLHERRRERA
n MAYOR
ATTEST:
ACTINCiCITY CLERK. RYAN MCLEAN
DAVID DEBERRY, eITYATNORNEY