R2012-200 AUTHORIZING AMENDMENT TO EMPLOYMENT AGREEMENT

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thereof to succeeding employers upon the termination of this Agreement as may be requested, in writing,by the Employee. The Employee agrees to execute such documents, and further agrees to cooperate with the City, in order to effectuate the provisions of this Section of the Agreement. Both parties hereto agree to cooperate with one another in discussing and disclosing the effect of any change or amendment to said deferred compensation plan. 8. Term of Agreement. Following the Effective Date, the term of employment of the Employee by the City herein described shall commence upon October 20, 2008 and continue thereafter for a period of two (2) calendar years terminating at the close of business on October 19, 2010 unless otherwise extended in accordance with the provisions hereof. Either party hereto may terminate the employment herein provided by delivery of a written notice to the other party— ninety (90) or more days prior to the date the term of the Agreement otherwise concludes — that the Agreement will not be renewed following the termination date otherwise applicable to the term under which the parties then are operating. If no such written notice is delivered,by one party to the other of them,then the Agreement shall be extended fora period of one(1)year on the same terms and conditions as herein provided(or as otherwise maybe agreed by the parties). Moreover,the Agreement shall continue to be extended for successive one-year periods unless a party hereto provides written notice to the other of them — ninety (90) or more days prior to the date the term of the Agreement otherwise concludes—that the Agreement will not be renewed and that no extension (or further extension, as the case may be) hereof will be granted. Any non- renewal hereof shall be without liability of the party electing not to renew the Agreement for any additional one-year period,and such a non-renewal shall not,in and of itself,be deemed to constitute a breach of, or default under, the Agreement. Notwithstanding anything to the contrary herein, the City shall remain free to tenninate the employment of the Employee for cause, or without cause, subject only to the provisions of the following Sections of the Agreement, i.e., §§ 9 and 11 hereof. Moreover,the Employee shall,at all times,remain free to terminate his employment with the City,but the Employee shall remain liable hereunder for any damages caused to the City by the Employee's termination of such employment in a manner so as to constitute a breach of,or default under,the terms hereof,and the Employee shall otherwise remain bound to the terms hereof that survive termination.. 9. Termination of the Agreement by the City. (a) For Cause. At any time during the term of the Agreement (or any extension hereof), the City may terminate the Agreement and the Employee's employment with the City by action of the Council through a majority vote of the lawfully constituted Council upon a determination by the Council that the Employee, committed an act or action, made a statement or representation,permitted an omissions or inaction,or otherwise participated unlawfully in some act, action, omission, inaction, statement or representation, constituting a felony or a misdemeanor involving moral turpitude or has engaged in willful insubordination in refusing or declining to abide -5- i