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B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the <br /> City Commission to terminate the services of Employee at any time, subject only to the <br /> provisions set forth in SECTION 11 of this Agreement. <br /> C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the <br /> Employee to resign at any time from the position of City Manager, subject only to the <br /> provisions set forth in SECTION 11 of this Agreement. <br /> D. Employee agrees to remain in the exclusive employ and neither to accept other <br /> employment nor to become employed by any other employer. The term "employed" <br /> shall not be construed to include occasional teaching, writing or military reserve service <br /> performed on employee's time off. <br /> SECTION 3. SALARY <br /> A. The initial annual base salary of Employee shall be Two Hundred Thousand Six <br /> Hundred Dollars ($200,600.00) which shall be payable in bi-weekly installments at the <br /> same time as other Employees of the City are paid. Notwithstanding any other provision <br /> in this Agreement, the annual base salary herein shall commence on October 15, 2012, <br /> which is the date Employee has agreed to commence employment with the City. The <br /> Employee shall receive periodic merit increases as determined by the City Commission <br /> in its reasonable discretion; provided, however, the Employee shall receive an automatic <br /> yearly cost of living adjustment in the amount of three percent (3%) of his annual salary <br /> on the date of approval of this Agreement by City Commission. <br /> B. The City Commission may evaluate the performance of the Employee to determine any <br /> adjustment in annual salary and/or benefits at least once annually, during the City's <br /> Annual Budget process. Any adjustments in said annual salary and/or benefits should <br /> be based upon the results of the performance evaluation, within the sole discretion of <br /> the City Commission. <br /> SECTION 4. AUTOMOBILE ALLOWANCE AND COMMUNICATION <br /> EQUIPMENT <br /> A. The City will provide Employee with a City-owned vehicle and shall insure, maintain <br /> and repair that vehicle, provided, however that when the Employee uses the vehicle for <br /> his own personal use, he shall be responsible for fuel costs. The car shall be a similar <br /> model and type provided to other appointed charter officers. <br /> B. The City shall provide the Employee with a cell phone as provided to other Senior <br /> Management employees of the City or a stipend in accordance with the City's cell <br /> phone policy. <br /> City Manager Agreement 2 <br /> HO:jb 7/10/12 <br />