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adjustment referenced in the notice. <br />(C) Salary and/or benefit adjustments shall be considered by the City Council <br />annually in conjunction with Employee's annual performance evaluation pursuant to paragraph 9 <br />below. City shall not, at any time during the term of this Agreement, reduce Employee's salary <br />or benefits unless such reduction is imposed across-the-board for all Executive Management <br />employees of the City." <br />3. Amendment of Section 8. Section 8 ("Provision of Automobile") is amended to <br />read as follows: <br />"8. Provision of Automobile. Employee's duties require the exclusive and <br />unrestricted use at all times during the duration of this Agreement of an automobile provided by <br />the City, by either lease or purchase of the vehicle. City shall be responsible for paying liability, <br />property damage and comprehensible insurance, all operation, maintenance, repair and <br />replacement costs of such an automobile. Automobile replacement shall be in accordance with <br />the annual Council approved budget for equipment and vehicle replacement, and any <br />replacement automobile shall satisfy both of the following criteria: (i) has similar equipment and <br />operating specifications as the current City -provided automobile; and (ii) does not have <br />equipment that is only commonly found in public safety vehicles." <br />4. Preservation of Agreement. Except as expressly modified or supplemented by <br />this First Amendment, all of the provisions of the Agreement shall remain unaltered and in full <br />force and effect. <br />EXECUTED: <br />EMPLOYEE <br />IIS <br />William .` , <br />CITY MANAGER <br />Approved as to form: <br />James Markman <br />CITY ATTORNEY <br />2159240.6 <br />Ulenn Parker <br />MAYOR <br />Attest: <br />Lillian Harris -Neal <br />CITY CLERK <br />- 2 of 2- <br />