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16-101.00 Mark Calhoun: Acting City ManagerLETTER AGREEMENT FOR SPOKANE VALLEY ACTING CITY MANAGER This letter agreement (Agreement) is between Mark Calhoun, Deputy City Manager (Mr. Calhoun), and the City of Spokane Valley, acting through the City Council. Pursuant to an approved motion by the City Council in open session on May 17, 2016, Mr. Calhoun is hereby appointed as the Acting City Manager of Spokane Valley. The effective date of the appointment is May 18, 2016 (upon execution of this Agreement), and shall continue to November 18, 2016, unless terminated earlier by the City Council due to appointment of a person to fill the role of City Manager, which may include Mr. Calhoun, or due to termination for cause. The parties may agree in writing to extend this Agreement by an additional up to 60 days if the City needs additional time to hire a City Manager. The annual salary under this Agreement shall be $155,000.00, with all applicable benefits currently being received by Mr. Calhoun. The City agrees Mr. Calhoun shall continue to earn the salary of the Acting City Manager for two additional months after a new City Manager's start date, unless Mr. Calhoun is named the City Manager. In the event a new City Manager decides within 12 months of his/her start date to not retain Mr. Calhoun as Deputy City Manager, Mr. Calhoun shall be entitled to a severance payment equal to 12 months of pay with full benefits at the Deputy City Manager rate. In the event Mr. Calhoun is not chosen as the City Manager, and determines within 12 months that he cannot have a relationship with the City Manager that is effective to meet the operational best interests of the City and must therefore resign, then Mr. Calhoun shall be entitled to a severance payment equal to six months of pay with full benefits at the Deputy City Manager rate. This severance shall not be in effect in the event of a termination for cause (misfeasance or malfeasance). After a new City Manager arrives, if applicable, Mr. Calhoun shall be granted paid leave of absence of 40 hours, the dates and times of which shall be scheduled with the approval of the new City Manager. This leave shall be in addition to any other leave applicable to Mr. Calhoun, and may be carried over to 2017 if unused in 2016. Upon completion of the term of Acting City Manager, the City agrees that Mr. Calhoun shall be allowed to return to his previous role as Deputy City Manager with restoration of all rights and benefits, except as may otherwise be specified in this Agreement. In the event Mr. Calhoun is selected to be the City Manager, the City shall negotiate a separate agreement for those duties. Under this Agreement, Mr. Calhoun shall perform all duties and responsibilities of the City Manager for the City. At the conclusion of this Agreement, if Mr. Calhoun is not hired to become the City Manager, the City Council agrees to conduct a facilitated review (by a facilitator to be mutually agreed upon by the City Council and by Mr. Calhoun) of Mr. Calhoun's performance. The items to be reviewed include but are not limited to the ability to communicate with the City Council, the public, and staff, and the ability to effectively identify and carry out adopted policy of the City Council. The Parties agree that this Agreement represents the sole and exclusive remedies between them arising out of this Agreement with regard to any separation from employment relating to the duties herein, and that the separation provisions were an integral part of the consideration for entering into the Agreement, and were specially negotiated. This 4g ; e : nt s call be in effect upon the date last executed by a party. L. R. Hi:?izyor tv(a„� Ca elw� Mark Calhoun, Acting City Manager Appointee Dated s/i3/z� �L Dated