01-10-2018 Council Packet - Laserfiche WebLink

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8. Agreement to Waive Rights to Benefits. TCO hereby waives and foregoes the right to receive any benefits given by City to its regular employees, including, but not limited to, health benefits, vacation, and sick leave benefits. TCO agrees that if any government agency or court of law claims that TCO is an employee, it agrees that it is not covered under these plans. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to TCO by virtue of their services to City, and is effective for the entire duration of TCO’s agreement with City. This waiver is effective independently of TCO’s employment status as adjudged for taxation purposes or for any other purpose. 9. Effective Date and Contract Term. A. Effective Date. This Agreement shall be effective January 1, 2018. B. Contract Term. This Agreement shall continue in full force and effect until December 31, 2018. If neither party provides notice to the other of its intent to cancel this Agreement at least thirty (30) days prior to its scheduled expiration, the Agreement shall be automatically renewed for an additional one-year term. C. Early Termination for Incapacity. The Agreement may be canceled prior to its scheduled termination by reason of the death of TCO’s principal officer. In the event of death, City shall be obligated to pay TCO’s estate or beneficiaries only the accrued but unpaid compensation and expenses due as of the date of death. In the event of permanent disability of TCO’s principal officer, a successor principal officer and City may agree to continue the agreement by executing a written agreement to that effect within 15 days of the death or determination of permanent disability. D. Termination. This Agreement is terminable by either party at any time, with or without cause, effective upon two weeks’ notice to the other party. If City exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease immediately, except that City shall be obligated to compensate TCO for work performed up to the effective date of termination. If TCO exercises its right to terminate the Agreement, any obligation it may otherwise have under this Agreement shall cease upon the effective date of termination. E. Waiver. Waiver of a breach of any part of this Agreement by either party, whether by inaction or by affirmative decision to waive, does not constitute a waiver or release from any other part of the Agreement, or for any further breach of the same provision occurring after the initial waiver. F. Notices. Notices shall be addressed to the following: For City: City Administrator City of Little Canada 515 E. Little Canada Road Little Canada, MN 55117