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FIFTH AMENDMENT TO CITY OF DIAMOND BAR
CITY MANAGER EMPLOYMENT AGREEMENT
This Fifth Amendment to Employment Agreement ("Fifth Amendment") is made and entered into as of this 15th day of October, 2024, 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:
R E C I T A L S
A. City and Employee entered into that certain City Manager Employment Agreement dated June 6, 2017 (the “Original Agreement”).
B. City and Employee entered into that certain First Amendment to Employment Agreement dated September 17, 2019 (“First Amendment”).
C. City and Employee entered into that certain Second Amendment to Employment Agreement dated October, 5, 2021 (“Second Amendment”).
D. City and Employee entered into that certain Third Amendment to Employment Agreement dated October, 18, 2022 (“Third Amendment”).
E. City and Employee entered into that certain Fourth Amendment to Employment Agreement dated November 21, 2023 (“Fourth Amendment”).
F. The Original Agreement, First Amendment, Second Amendment, Third Amendment, and Fourth Amendment are collectively referred to herein as the “Employment Agreement.” G. The City and Employee desire to amend and modify certain provisions in the Employment Agreement as provided in this Fifth Amendment. / / /
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AGREEMENT AMENDMENT
NOW, THEREFORE, the parties agree to amend the Employment Agreement as follows:
1. Deferred Compensation. The following is added to Section 7.D of the Employment Agreement:
“In addition to the foregoing contribution, the City shall contribute the additional amount of $5,000.00 to the City’s 457 Deferred Compensation Plan on behalf of Employee for the 2024-2025 Fiscal Year only.”
2. Leave. The following is added to Section 8.A of the Employment Agreement:
“In addition to the foregoing leave benefits, Employee shall be credited with an additional 40 hours of administrative leave for the 2024-2025 Fiscal Year only.”
3. Integration. This Fifth Amendment integrates all of the terms and conditions mentioned herein and supersede all negotiations with respect hereto. This Fifth Amendment amends, as set forth herein, the Employment Agreement and except as specifically amended hereby, the Employment 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 Fifth Amendment and the terms and provisions of the Employment Agreement, the terms and provisions of this Fifth Amendment shall control.
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IN WITNESS WHEREOF the parties have executed this Fifth Amendment as of the day and year first above written.
EMPLOYEE DANIEL H. FOX, JR.
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CITY MANAGER
CITY OF DIAMOND BAR STAN LIU
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MAYOR
ATTEST:
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KRISTINA SANTANA, CITY CLERK
APPROVED AS TO FORM:
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OMAR SANDOVAL, CITY ATTORNEY