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3. RESIGNATION AND TERMINATION <br />(a) Employee may resign at any time with or without cause antl agrees to give City at <br />least sixty (60) days advance written notice of the effective date of his resignation. <br />(b) Subject to the provisions of the Charter, City may at any time terminate Employee <br />upon thirty (30) days advance written notice. <br />(c) The parties recognize and affirm that: 1) Employee is an "at will" employee whose <br />employment may be terminated by the City without cause, and 2) There is no <br />express or implied promise made to Employee for any form of continued <br />employment. This Agreement is the sole and exclusive basis for an employment <br />relationship between Employee and City. <br />4. RIGHT TO REVERT TO PREVIOUSLY HELD POSITION <br />If Employee is terminated by the City Council, without cause, while still willing and able to <br />perform the duties of Interim City Manager, employee shall have the right to revert to his <br />previously held position as Assistant City Manager and shall be entitled to receive the <br />current salary and benefits commensurate with that position, no less than what Employee <br />was receiving in the position prior to his appointment as Interim City Manager. <br />Provided however, if Employee is terminated for cause, including but not limited to <br />conviction of any criminal offense, then City shall have no obligation to continue the <br />employment of Employee in any capacity. <br />5. SALARY <br />For the term of this Agreement, City agrees to pay Employee a salary 15% above step five <br />of the salary range of the highest paid City management employee as shown in the City <br />Council adopted Pay Plan (hereafter referred to as "the Baseline Salary",) Employee's <br />compensation shall be adjusted as such Baseline Salary is adjusted from time so that <br />Employee's salary shall not be less than 15% above the Baseline Salary at any time during <br />the term of the Agreement. <br />6. AUTOMOBILE <br />Employee's duties require that he shall have the use of an automobile at all times during <br />his employment with City. At the option of Employee, City shall either provide Employee <br />with an automobile or reimburse Employee $475.00 per month for the expense of owning, <br />maintaining and insuring a personal automobile. <br />1116262-1 <br />