Agmt 2002 Jermanis_John J - Laserfiche WebLink

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3. RESIGNATION AND TERMINATION (a) Employee may resign at any time with or without cause and agrees to give City at least sixty (60) days advance written notice of the effective date of his resignation. (b) Subject to the provisions of the Charter, City may at any time terminate Employee upon thirty (30) days advance written notice. (c) The parties recognize and affirm that: 1) Employee is an "at will" employee whose employment may be terminated by the City without cause, and 2) There is no express or implied promise made to Employee for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between Employee and City. 4. SEVERANCE PAY If Employee is terminated by the City Council while still willing and able to perform the duties of City Manager, City agrees to pay Employee a cash payment equal to six (6) months salary. At the option of the Employee, the cash payment may be paid in (1) a lump sum upon date of termination; or (2) a lump sum on January 1 of the calendar year following termination. Such payment will release City from any further obligations under this Agreement. Provided however, if Employee is terminated because of conviction of any criminal offense, then City shall have no obligation to continue the employment of Employee or to pay the severance set forth in this paragraph. 5. SALARY (a) For the term of this Agreement, City agrees to pay Employee a salary 15% above step five of the salary range of the highest paid City management employee as shown in the City Council adopted Pay Plan (hereafter referred to as "the Baseline Salary".) Employee's compensation shall be adjusted as such Baseline Salary is adjusted from time so that Employee's salary shall not be less than 15% above the Baseline Salary at any time during the term of the Agreement. (b) Subject to an annual evaluation of performance prior to the end of each calendar year of this agreement and based upon extraordinary performance of Council approved performance indicators (Exhibit A hereof), City may pay Employee a bonus of up to 10% of Employee's annual salary. 6. AUTOMOBILE Employee's duties require that he shall have the use of an automobile at all times during his employment with City. At the option of Employee, City shall either provide Employee with an 2