R2024-95 Resolution Authorizing Employment Agreement - City Manager

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perform the duties of his work hereunder due to a physical or mental condition(including sickness or injury)as determined by an independent medical examination. 5.5. Death. Employment will terminate immediately upon City Manager's death. 5.6. Mutual Agreement. Employment may be jointly terminated by City and City Manager on mutually agreeable terms set forth in writing and signed by both parties. 5.7. Suspension. Council by Majority Vote may temporarily suspend City Manager in lien of termination contemplated by Section 5.1,with or without full pay and benefits,if City Manager has been given Notice stating the reasons for such suspension. Said Notice must be provided to City Manager at least 10 days prior to a Council session where City Manager,Mayor and Council may be heard on the stated reasons for suspension. 5.8. Termination Arrangements. Immediately upon termination of City Manager's employment,regardless of reason for termination,City Manager(or his legal representatives) will surrender all Confidential Information and other materials as required in Article VI below, and the equipment Furnished by City,including,but not limited to,credit card,City-owned cell phone,IPad and/or laptop computer;keys,City credentials or identification,and computer password(s). ARTICLE VI Confidential Information 6.1. Confidential Information. City Manager agrees by reason of his employment he will have access to confidential information of City(and its vendors,suppliers,customers,and others having business dealings with City)including,without limitation,personnel data,trade information and knowledge pertaining to services provided by City,the costs,rates and charges sought by City in exchange therefor,costs of doing business,internal operating procedures,and information related to relationships between City and its vendors,suppliers,customers,and others having business dealings with City(collectively,"Confidential Information"). City Manager acknowledges the Confidential Information is a valuable and unique asset of City and agrees that both during and after the term of his work with City,he will not disclose,divulge or communicate to any person or use any Confidential Information(except as his work as an employee of City may require)without written consent of Council. City Manager further agrees that all files,letters,memoranda,reports records,spreadsheets,data sketches,drawings,program listings or other written,photographic,or other tangible materials containing Confidential Information,whether created by City Manager or others,which shall come into his possession, are the exclusive property of City to be used by City Manager only in performance of his work for City. All records or copies thereof and all tangible property of City in possession of City Manager shall be delivered to City immediately upon: (a)a request by City;or(b)termination of City Manager's employment. The obligation of confidentiality imposed by this Article VI shall not apply to information required by law,regulation or judicial or government authorities to be non-observance of his obligations hereunder;but if disclosure is required by law,City Manager will give City prompt notice upon learning of such requirement so that City may file a request for a protective order or for such other relief as City deems appropriate. March 29,202- Paat j of Q