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SECOND AMENDMENT TO
CITY OF HESPERIA
CITY MANAGER EMPLOYMENT AGREEMENT
This SECOND AMENDMENT TO CITY OF HESPERIA CITY MANAGER
EMPLOYMENT AGREEMENT (the “Second Amendment”) is made and entered into October 4, 2022, by and between the CITY OF HESPERIA, a general law city and municipal corporation (the “CITY”) and NILS BENTSEN, an individual (“EMPLOYEE”).
RECITALS
WHEREAS, effective January 19, 2016, the City Council of the CITY (the “City Council”) entered into the City of Hesperia City Manager Employment Agreement with EMPLOYEE; and WHEREAS, on February 20, 2018, the City Council entered into a second City of Hesperia City Manager Employment Agreement with EMPLOYEE (the “Agreement”), which is currently in effect; and
WHEREAS, Section 9.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the Parties by an instrument in writing, which amendment shall require City Council approval”; and
WHEREAS, on June 2, 2020, the City Council and EMPLOYEE entered into the First Amendment to the Agreement (“First Amendment”) to temporarily reduce EMPLOYEE’s salary as part of the CITY’s response to the COVID-19 pandemic and require that at least four (4) votes of the City Council would be required to terminate EMPLOYEE without cause; and WHEREAS, the City Council and EMPLOYEE now desire to enter into this Second Amendment to provide that : i) effective the first full pay period following the approval of this Second Amendment, EMPLOYEE will receive a ten percent (10%) base salary increase and ii) in order to encourage EMPLOYEE’s continued retention and ensure a smooth transition between city managers, beginning December 9, 2022 EMPLOYEE will receive a non- PERSable retention bonus for each full month worked thereafter in an amount equivalent to his then-current monthly base salary; and
WHEREAS, EMPLOYEE desires to accept these employment terms from the CITY and agrees to the following terms and conditions in this Second Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, CITY and EMPLOYEE hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
SECTION 2. Section 2.1 of the Agreement, entitled “ Base Salary,” shall be amended to read, in its entirety, as follows:
Attachment 1
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“2.1 Base Salary. As of July 2, 2022, EMPLOYEE’s annual base salary is Two Hundred Fifty Eight Thousand Eight Hundred Twenty Five Dollars ($258,825) (“Salary”), which is paid on a pro-rated basis bi-weekly at the same time as other employees of the CITY are paid. Such Salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the City Council and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.
Effective the first full pay period following the approval of this Second Amendment, EMPLOYEE shall be provided a ten percent (10%) increase to his Salary.” SECTION 3. A new Section 2.5 shall be added to the Agreement, entitled “Retention Bonus,” to read, in its entirety, as follows:
“2.5 Retention Bonus. In order to encourage EMPLOYEE’s continued retention under the terms of the Agre ement and ensure a smooth transition between city managers, beginning December 9, 2022, in addition to the Salary EMPLOYEE shall be paid a monthly bonus for each full month worked after December 9, 2022, in an amount equivalent to his then- current monthly base salar y. Such monthly retention bonus payments shall not be considered “compensation earnable” under CalPERS laws and regulations for purposes of calculating his CalPERS service retirement benefits.”
SECTION 4. Except as expressly amended by the Firs t Amendment and this Second Amendment, the underlying terms, conditions, and compensation of EMPLOYEE by CITY as and for his employment as City Manager shall be as set forth in the Agreement.
IN WITNESS WHEREOF, the CITY OF HESPERIA has caused this Second Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and EMPLOYEE ha s signed and executed this Second Amendment, all in triplicate.
[SIGNATURES ON FOLLOWING PAGE]
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CITY OF HESPERIA
_______________________________
Brigit Bennington, Mayor
ATTEST:
_____________________________
Melinda Sayre, City Clerk
APPROVED AS TO FORM:
_____________________________
Pam Lee, City Attorney
CITY MANAGER
_____________________________
Nils Bentsen
[END OF SIGNATURES]