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<br /> Section 5: Resignation <br /> In the event Employee voluntarily resigns his position with Employer during the term of this <br /> agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree <br /> otherwise in writing. <br /> Section 6: Disability <br /> If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, <br /> accident, injury, mental incapacity or health for a period of four successive weeks beyond any <br /> accrued sick leave and leave available under the Family Medical Leave Act, if any, Employer shall <br /> have the option to terminate this agreement, subject to the severance pay requirements of Section 4, <br /> Paragraph A. <br /> Section 7: Salary <br /> Employer agrees to pay Employee for his services rendered pursuant hereto, an annual base salary <br /> to be determined by the City Council as set out in the City Budget, payable in installments at the <br /> same time as other managerial employees of the Employer are paid. In addition, Employer agrees <br /> to increase said base salary and/or benefits of Employee in such amounts and to such extent as the <br /> City Council may determine that is desirable to do so on the basis of annual salary review as a part <br /> of the annual performance evaluation process and at any other time the City Council deems <br /> appropriate. <br /> Section 8: Performance Evaluation <br /> A. The City Council shall review and evaluate the performance of the Employee at such times <br /> determined appropriate by the City Council. Such review and evaluation shall be in accordance with <br /> specific criteria developed jointly by Employer and Employee, and in accordance to the provisions <br /> of Section 2.021 of the San Marcos City Code. Said criteria may be added to or deleted from as the <br /> City Council may from time to time determine, in consultation with the Employee. Further, the <br /> Mayor of the City of San Marcos shall provide the employee vv'ith a summary written statement of <br /> the findings of the City Council and provide an adequate opportunity for the Employee to discuss <br /> his evaluation with the City Council. <br /> B. The City Council and Employee shall define such goals and performance objectives that they <br /> determine necessary for the proper operation of the City of San Marcos and in the attainment of the <br /> City Council's policy objectives and shall further establish a relative priority among those various <br /> goals and objectives, said goals and objectives to be reduced to writing. They shall generally be <br /> attainable within the time limitations as specified and the annual operating and capital budgets and <br /> appropriations provided. <br /> C. In effecting the provisions of this Section, the City Council and Employee mutually agree to abide <br /> by the provisions of applicable law. <br /> 3 <br />