Res 2005-037 - Laserfiche WebLink

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D. Employee '8 Disability. If Employee remains unable to perform his duties because of medical reasons after exhausting leave available under the Family and Medical Leave Act, if any, the City shall have the option to terminate this agreement subject to the mutual requirements of Section 3 (A). E. Employee's Death. Employee's employment shall terminate on the date of his death, in which event the salary and benefits owing to Employee, through the date of death shall be paid to Employee's beneficiary. Life insurance proceeds shall be paid by the insurer to the beneficiary(ies) designated by Employee. Section 4: Best Efforts Employee agrees to devote his best efforts, energies, and skill to the discharge of the duties and responsibilities attributable to his position, and to this end, he will devote his full time and attention exclusively to the business and affairs of the City. Employee agrees that he may not derive any personal advantage or gain, either directly or indirectly, with respect to any business transaction in which the City engages, and that he will promptly disclose in writing to the City Council all facts that are material to any such potential profit or gain. Section 5: Salary City agrees to pay Employee for his services rendered pursuant hereto, an initial base salary of $127,217 per year, payable in installments at the same time as other managerial employees ofthe City are paid. The City Council may increase the salary and/or benefits of Employee from time to time, in its discretion. Section 6: Performance Evaluation A. The City Council shall review and evaluate the performance of the Employee at such times as are determined appropriate by the City Council. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City and Employee, and in accordance to the provisions of Section 2.021 of the San Marcos City Code. Said criteria may be added to or deleted from as the City Council may from time to time determine, in consultation with the Employee. Further, the Mayor of the City of San Marcos shall provide the employee with a summary written statement of the findings of the City Council and provide an adequate opportunity for the Employee to discuss his evaluation with the City Council. B. The City Council shall define such goals and performance objectives that they determine necessary for the proper operation of the City and the attainment of the City Council's policy objectives. Section 7: Outside Activities Employee shall not spend more than 10 hours per week in teaching, consulting or other non- City-connected business without the prior approval of the City Council. Page 3 of6