SECTION 3. EXCLUSIVE EMPLOY
Employee agrees to remain in the exclusive employ of the City during the term of this Agreement and neither accept other employment nor to become employed by any other employer unless Employee's employment with the City is terminated. The term "employment" shall not be construed to include occasional teaching, writing, consulting, or military reserve service performed by Employee on Employee's time off.
SECTION 4. COMPENSATION AND PERFORMANCE EVALUATION
A. City agrees to compensate Employee with an annual base salary of $340,000.00 (Three Hundred Forty Thousand Dollars), subject to deduction and withholding of any and all sums required for federal or state income tax, pension contributions, and all other taxes, deductions or withholdings required by the then current state, federal or local law, prorated and paid in the same manner and time as are all other employees of the City under City Resolution No. 21052.
B. Employee is an exempt employee under the Fair Labor Standards Act and shall not be entitled to receive any overtime pay, compensatory time off, or other premium pay or compensation except as set forth in this Agreement.
C. Employer shall also deduct sums Employee is obligated to pay because of participation in plans or programs described in Section 5 of this Agreement. The annual base salary of Employee shall be established by resolution of the City Council.
D. Based on Employee's performance, as determined by City Council in the exercise of its sole discretion, Employee may receive a merit increase which may be negotiated in conjunction with Employee's annual performance evaluation. If Employee receives a merit increase this Agreement and the publicly adopted pay scale required by PERS shall be deemed amended.
E. No later than ninety (90) days following the effective date of this Agreement and annually thereafter, Employee and City, by and through the City Council, shall meet to set mutually agreed upon performance goals and objectives for each year under this Agreement. Thereafter, Employee and Employer, by and through the City Council, shall meet on an annual basis, or at any time or times during the period in which this Agreement remains in effect, for the City Council to conduct an evaluation of Employee's performance. The City Council may provide Employee with a w ritten performance evaluation in such format as the City Council may determine.
F. Employee's compensation as discussed under this Section is not tied to the compensation of any other City employee or group of City employees, except as expressly provided in this Agreement.
SECTION 5. EMPLOYEE BENEFITS
A. Upon the effective date of this Agreement, the City agrees to provide Employee with benefits that are consistent with the benefits provided to the Executive Group pursuant to the Fringe Benefit and Salary Plan ("FBSP") Resolution No. 21052, as the same now exists or hereafter may be 2 City of Riverside - City Manager At Will Employment Agreement