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<br />B. Nothing in this agreement shall prevent, limit or otherwise interfere with the right <br />of the City Commission to terminate the services of City Manager at any time, subject only to <br />the provisions set forth in SECTION 10 of this Agreement. <br /> <br />C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right <br />of the Employee to resign at any time from the position of the City Manager, subject only to the <br />provisions set forth in SECTION 10 of this Agreement. <br /> <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. Notwithstanding anything to the <br />contrary, the term "employed," however, shall not be construed to include teaching, writing, or <br />military reserve service performed on employee's time off. <br /> <br />SECTION 3. SALARY <br /> <br />A. The initial annual base salary of the employee shall be One Hundred and Seventy <br />-Five Thousand Dollars ($175,000.00) which shall be payable in bi-weekly installments at the <br />same time that other employees of the City are paid. Notwithstanding any other provision in <br />this Agreement, the annual base salary herein shall commence on June 22,2009. <br /> <br />B. The City Commission agrees to determine any adjustment in annual salary and/or <br />benefits, based upon performance, at least once annually, during the City's Annual Budget <br />process. <br /> <br />C. In addition to the annual salary adjustment based upon performance, the City <br />Manager shall receive an automatic yearly cost-of-living adjustment in the amount of three (3%) <br />of his annual salary on the date of execution of this Agreement. <br /> <br />SECTION 4. AUTOMOBILE ALLOWANCE AND COMMUNICATION EQUIPMENT <br /> <br />A. The City Manager requires the use of an automobile in the furtherance of his <br />duties. The City shall pay City Manager a monthly automobile allowance in the amount of <br />$500.00 for use of his private automobile. <br /> <br />B. The City shall provide the Employee with a cell phone as provided to other Senior <br />Management employees of the City. <br /> <br />SECTION 5. RETIREMENT/DEFERRED COMPENSATION <br /> <br />A. The City shall contribute twelve (12%) of employees annual salary into the ICMA <br />Deferred compensation program. <br /> <br />Page 2 of 5 <br />