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anytime, with or without cause. This provision may not be altered except by a written <br />instrument executed by Manager, and formally approved by the City Council, which specifically <br />references this Agreement and Section. <br />4. Duties and Responsibilities <br />a. Manager shall commence his duties no later than January 30, 2012. <br />Manager shall not receive any compensation and benefits until he has commenced his duties as <br />the full-time City Manager for the City. <br />b. Manager shall serve as the City Manager of the City in accordance with <br />the powers, duties and responsibilities set forth in the Charter of the City of San Leandro, <br />Municipal Code and California law. Manager shall perform the functions and duties specified <br />under the laws of the State of California; the City's Charter, Municipal Code; the Ordinances <br />and Resolutions of the City; and such other duties and functions as the City Council may from <br />time to time assign. <br />C. Manager agrees to devote his productive time, ability and attention to the <br />City's business. For the duration of this Agreement, Manager shall not hold secondary <br />employment, and shall be employed exclusively by the City, subject to any exceptions approved <br />in writing by the City Council. <br />d. Manager shall be responsible to the City Council for the proper <br />administration of all affairs of the City. Manager shall administer and enforce policies <br />established by the City Council, and promulgate rules and regulations as necessary to implement <br />City Council policies. <br />5. Hours of Work <br />Manager shall be an exempt employee under FLSA and shall not receive overtime <br />or extra compensation for work performed outside normal business /office hours. Manager is <br />appointed to manage the City's business with twenty four hour and seven day a week <br />responsibility and is expected to devote necessary time outside normal office hours to the <br />business of the City. Thus, Manager's schedule of work each day and week may vary in <br />response to the requirements of the work to be performed, however, Manager is expected to <br />spend sufficient hours at San Leandro City Hall to perform his duties. <br />6. Termination of E=lo)=nt and Severance <br />a. Manager may terminate this Agreement and his employment with the City <br />with or without cause, by giving the City forty-five (45) days written notice in advance of <br />termination. During the notice period, all the rights and obligations of the parties under this <br />Agreement shall remain in full force and effect. <br />b. The City Council may terminate this Agreement and Manager's <br />Agreement for Employment of City Manager <br />Between the City of San Leandro and Chris Zapata <br />Page 2 of 7 <br />