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Fe / P,q,r�, <br />AGREEMENT &/-, <br />7—,7,0 <br />This Agreement, made and entered into this day of April, 1990 by and between <br />the CITY OF COLTON, a municipal corporation (hereinafter "City"), and Edmund Sotelo <br />WITNESSETH: <br />The parties hereto do agree as follows: <br />(1) RECITALS. This agreement is made and entered into with respect to the <br />following: <br />City will benefit by retaining Edmund Sotelo as City Manager as provided in this <br />Agreement. <br />(2) Edmund Sotelo agrees that he will perform the duties of City Manager of City <br />and will not accept other employment than as City Manager of City prior to May <br />14, 1992, herein "the termination date".- <br />(3) <br />ate". <br />(3) COMPENSATION. For and in consideration of services to'be rendered pursuant to <br />this Agreement and as set forth in Section. 2.16.070 Powers and Duties of the <br />Colton Municipal Code, City shall pay to Edmund Sotelo as and for a base salary <br />the monthly sum of $6702.08. In addition to such base salary, Edmund Sotelo <br />shall be granted the fringe benefits as hereinafter enumerated. <br />The amount of the base salary shall not be decreased during the term hereof. <br />City, unilaterally, at any time, may increase the base salary as it may deem <br />appropriate. <br />(4) FRINGE BENEFITS. Edmund Sotelo shall be afforded all the fringe benefits which <br />are -granted to the general employees of insurance, retirement and expenses. <br />(5) OTHER TERMS AND CONDITIONS OF EMPLOYMENT. <br />(a) The City Council shall evaluate performance within the first six (6) months <br />and then at least once a year. A written copy of the performance evaluation <br />shall be given to the City Council members, City Manager and Personnel <br />Office. <br />(b) The City Council may fix other terms and conditions of employment, as it <br />may determine from time to time, provided such terms and conditions are <br />not inconsistent with or in conflict with the provisions of this Agreement, <br />the Colton Municipal Code, or any other law. <br />(c) City Manager shall follow in the performance of his official duties the <br />provisions of the City Manager Code of Ethics as promulgated by the <br />International City Managers Association Code of Ethics. <br />(6) EARLY TERMINATION. City agrees that in the event that City removes Edmund Sotelo <br />from the position of City Manager prior to the termination date, he shall be <br />entitled to severance pay at his then current salary rate equivalent to the months <br />of service yet to be performed upon this Agreement. Such severance pay shall <br />be City Manager's sole and exclusive damage and remedy hereunder, and City Manager <br />waives any cause of action against the City for any such termination as <br />acconplished pursuant to the terms of the Agreement and Chapter 2.16 of the Colton <br />Municipal Code. <br />