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EMPLOYMENT AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS, TEXAS AND LESTER LEE STEPHENS <br />FOR THE POSITION OF FIRE CHIEF <br />This Agreement is made and entered into this 7th day of July, 2009, by and between the <br />City of San Marcos, Texas, a municipal corporation, hereinafter called "City," and Lester Lee <br />Stephens-hereinafter called "Employee," both of whom understand as follows: <br />WHEREAS, City desires to employ the services of Employee as Fire Chief, and <br />WHEREAS, it is the desire of the City, acting through its City Manager, to provide for <br />compensation and other terms and conditions of Employee's at-will employment; and <br />WHEREAS, Employee desires to accept employment by the City on the terms indicated; <br />NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties <br />agree as follows: <br />Section 1: Duties <br />The City hereby agrees to employ Employee, and Employee hereby accepts employment, <br />as Fire Chief, to perform the functions and duties specified in the job description for that position <br />and to perform other legally permissible and proper duties and functions as the City Manager or <br />his/her designee shall from time to time assign. <br />Section 2: Term <br />This Agreement has no definite term. Employee accepts employment with the <br />understanding that this Agreement may be terminated at will by City or Employee subject to the <br />Termination and Severance provisions set forth in Sections 11 and 12 below herein. <br />Section 3: Best Efforts <br />Employee agrees to devote his best efforts, energies, and skill to the discharge of the <br />duties and responsibilities attributable to the position, and to this end, he will devote his full time <br />and attention exclusively to the business and affairs of the City. Employee agrees that he may <br />not derive any personal advantage or gain, either directly or indirectly, with respect to any <br />business transaction in which the City engages. <br />Section 4: Salary <br />All compensation shall be payable in installments at the same time as other employees of the <br />City unless otherwise noted. The City agrees to pay Employee for his services rendered pursuant <br />hereto: <br />A. An initial base salary of $115,000 per year. <br />B. A City vehicle will be provided. <br />C. The City will also provide a one-time payment of $6,000 for relocation expenses and <br />temporary housing, if Employee chooses to live within the City of San Marcos corporate <br />limits. <br />Page 1 of 5