Amendment No. 1 to Agreement with Dante Hall for City Manager/Executive Director Services This Amendment No. 1 to the Agreement with Dante Hall for City Manager/Executive Director Services is made and entered into by and between the City of Hercules, a California municipal corporation, and the City of Hercules as Successor Agency to the Redevelopment Agency (hereinafter “City”), and Dante Hall (“Hall”), City Manager/Executive Director.
Purpose. This Amendment No. 1 is being entered into to amend the existing Agreement with Dante Hall for City Manager/Executive Director Services that was approved by the City Council of the City of Hercules on July 27, 2021. Said Agreement with Dante Hall for City Manager/Executive Director Services shall hereinafter be referred to as the "Original Agreement" and is incorporated herein by reference.
Original Agreement Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Original Agreement which are unaffected by this Amendment No. 1.
Amendment. This Amendment No. 1 is intended to amend Section 6 of the Original Agreement to provide as follows:
6. Compensation.
A. Salary. The City agrees to pay Hall for the performance of his duties and functions an annual salary of $240,000, less legally required deductions, subject to an annual cost of living adjustment of 3% per year. Salary will be paid in installments at the same time that other employees of the City are paid. Any adjustment to Hall’s salary besides the annual 3% cost of living adjustment must be pursuant to a resolution of the Council. Hall shall not be entitled to receive payment or credit for, and City shall not pay or credit Hall for, overtime, compensated time off in lieu of overtime, or other compensation except as expressly provided in this Agreement. Hall acknowledges that the position of City Manager is exempt from the provisions of the Fair Labor Standards Act (FLSA).
Pursuant to Resolution ______ of the City Council, the annual cost of living adjustment for Hall shall be 4.5% for fiscal years 2022-23 and 2023-24. Adjustments shall be effective July 1, 2022 and July 1, 2023, respectively.
Amendment Approval: This Amendment No. 1 has been approved by the City Council by Resolution No. _____ , adopted by the City Council at the duly noticed regular Council meeting of October 25th, 2022, and is effective on the date of approval.
Counterparts. This Amendment No. 1 may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same document.
Signatures. These signatures attest the parties' agreement hereto:
On Behalf of the City Council City Manager
By: ________________ _______________
Dion Bailey, Mayor Dante Hall
ATTEST:
_________________
Lauren Berges
City Clerk
APPROVED AS TO FORM:
_________________
J. Patrick Tang
City Attorney