R2012-200 AUTHORIZING AMENDMENT TO EMPLOYMENT AGREEMENT

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6. General Warranties by the Emplovee. The Employee hereby warrants and covenants as follows: (a) he enters into the Agreement with full and complete knowledge and understanding of the terms and obligations herein and without any misunderstanding, confusion or mistake; (b) entry into the Agreement by the Employee, and/or performance hereof, is not a breach of any other agreement, understanding, contract or memorandum of understanding to which the Employee is, or has been, a party; (c) he has possessed the opportunity to examine, review and understand the terms of.the Agreement, and the Employee likewise has possessed the opportunity to seek such advice, guidance and assistance,whether legal or otherwise, as deemed appropriate by the Employee under the circumstances; and (d) those Recitals set forth above and designated as Recitals A-D. inclusive, are true and accurate. 7. Salary and Retirement Benefits. The Employee shall receive a salary at an annual rate of One Hundred Thirty-five Thousand Dollars ($135,000.00) from the period commencing October 20, 2008, and such salary shall be payable in semi-monthly installments as equalized as reasonably possible in accordance with the pay plan generally applicable to all employees of the City. The Employee agrees that his salary shall be subject to normal and customary withholdings which the Employee hereby irrevocably appoints the City as his agent to report such compensation to federal and state taxing authorities as may be required by law. The Employee warrants that he lawfully entitled to commence and continue employment within the United States of America and that the Social Security Number provided by the Employee to the City(and maintained on file with the City)has been issued lawfully to the Employee and said Social Security number is the sole and exclusive Social Security Number utilized by the Employee for any purposes whatsoever. The City also shall execute all necessary documents provided by ICMA Retirement Corporation for the City's continued participation in the retirement plan thereof,and shall contribute an amount equal to four percent(4.000%)of the Employee's annual salary as deferred compensation to the ICMA Retirement Corporation Deferred Compensation Plan on behalf of the Employee (or such similar plan selected by the Employee which may be available from time to time), which contributions shall be paid at least on a monthly basis. Moreover,the City shall transfer ownership -4-