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9.2 Termination - Council Vote <br />As required in Section 500 of the City Charter, the City Council may remove the <br />City Manager by motion adopted by the affirmative votes of at least two-thirds (2/3) of the <br />members of the City Council. At least thirty (30) days before such removal shall become <br />effective, the City Council shall by resolution adopted by the affirmative votes of at least two- <br />thirds (2/3) of the members of the City Council state the reasons in writing for the removal of the <br />City Manager. <br />9.3 Termination - Change in Form of Government <br />If any of the governing policies pertaining to the role, power, duties, authority, or <br />responsibilities of City Manager are amended to substantially change City's form of government, <br />either by action of the City Council, a duly passed initiative measure or state legislation, City <br />Manager shall have the right to terminate the Agreement. <br />9.4 Reduction of Salary or Benefits <br />If the City Council reduces the Annual Base Salary or any other financial benefit <br />of the City Manager in a percentage that is greater than the average reduction of base salary for <br />all executive managers of the City, such action shall constitute a termination of this Agreement. <br />9.5 Resignation <br />City Manager may voluntarily resign his position as City Manager, after giving <br />City at least sixty (60) days written notice prior to the effective date of such resignation, unless <br />such notice is waived in whole or part by the City Council. In the event the City Manager <br />resigns from his employment with City, the City Manager shall not be entitled to any Severance <br />Pay. <br />9.6 Severance <br />In the event this Agreement is terminated pursuant to any one of Sections 9.2, 9.3 <br />or 9.4 of this Agreement, the City Manager shall receive a severance payment, in a lump sum, <br />equal to twelve (12) months of City Manager's then monthly Base Salary ("Severance Pay") in <br />accordance with the provisions of this Agreement. A Severance Pay payment shall be his sole <br />remedy for termination under sections 9.2, 9.3 or 9.4 of this Agreement. The Severance Pay <br />shall be paid after the City Manager executes a waiver and release agreement prepared by the <br />City Attorney in a form substantially similar to that one set forth as Exhibit "B" to this <br />Agreement. <br />Notwithstanding any provision of this Agreement to the contrary, City may terminate City <br />Manager's employment for cause at any time and without prior notice, and if City Manager is <br />terminated for cause, he shall not be entitled to payment of severance compensation or any other <br />compensation or damages. "Cause" shall include the following reasons: <br />(a) Conviction of a crime, whether misdemeanor or a felony, involving moral <br />turpitude. <br />45635.01000\7118043.4 7