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any time, with or without cause. This provision may not be altered except by a written <br /> instalment 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 Ciry 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 Ciry Hall to perform his duties. <br /> 6. Termination of Employment 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 2of7 <br />