5.13 No Acceptance or No Action. If the Council votes not to accept the resignation, or takes no action on acceptance, then the employment of City Manager shall continue uninterrupted, with no fixed separation date; and at the next annual anniversary date of this Contract, the City shal] again follow the provisions set forth in 5.1, er seg. 5.2 Voluntary Resignation. Notwith standin g the provisions of $5.1, City Manager may also voluntarily resign his employment atany time upon providing the Council with advance, written notice of two (2) months. The Council shall promptly accept a resignation tendered pursuant to this paragraph. City Manager's signing of this Contract shall not be deemed a tender of resignation under the terms of this paragraph. 53 Mutual Agreement to Terminate. This Contract shall terminate by the mutual, written agreement of City Manager and the Council, upon such terms and conditions as may be mutually agreed upon. 5.4 Disability. City shall have the option to termin ate this Contract in the event of City Manager’s sickness or disability which renders him unable to perform his usual duties on behalf of City for continuous period of atleast three (3) months beyond accrued discretionary and sick leave provisions, or in the event that he should become permanently disabled to the extent that he is physically or mentally disqualified to perform his usual duties as City Manager. However, the employment of City Manager shall continue at full salary during period s of sickness or disability, subject to verification. Verification of the sickness or disability of City Manager shall be required whenever a majority of the Council shall request the same, and shall be by a physician designated by the Council, at the expense of City. In the event that employment of City Manager should be terminated by the operation of the provisions of this paragraph or by the death of City Manager prior to the expiration of this Contract, City shall pay to City Manager (or in the event of his death, to his heirs or legal representative}the Jesser of either an amount equal to the salary that would have been accrued for the remainder of the Contract term, oran . amount equal to three (3) months salary; and upon the making of such payment, all further obligations of City under this Contract shall cease. 5.5 Involuntary Termination ~ Reasons for Removal. Referencing the removal procedure set forth in Article IT], Seotion 2 of the Charter, City and City Manager agree to the following: = 5.5.1 Reasons for Removal Defined. “Reasons” that must be stated for City Manager's removal as referenced in Article Hl, Section 2 must be documented and corroborated, and shall be defined as follows: (a) Neglect, incompetence or inefficiency - material in scope and persistent in duration ~ in performing the powers and duties of City Manager or in complying with written Council directives, City policies, ordinances, or administrative regulations; or insubordination; provided that the terms and conditions of this paragraph shall not afford grounds for removal or termination unless the applicable “reason” has been documented by ‘ City Manager Employment Contract Page 6 0F9