08-08-2018 Council Packet - Laserfiche WebLink

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3 16. TERM OF EMPLOYMENT. Employee's employment shall be for an indefinite period of time commencing on September 10, 2018. In the event that Employee is terminated by the Employer during such time that Employee is willing and able to perform the duties of City Administrator, the Employer agrees to pay Employee at the time of receipt of his last pay check, a lump sum cash payment equal to 6 months aggregate salary and to continue to provide and pay for all benefits for a period of 6 months following termination unless prohibited by law. a. However, in the event Employee is terminated because of malfeasance or misfeasance in office, gross misconduct, conviction of a felony, or conviction of an illegal act involving personal gain to Employee, then the Employer shall have no obligation to pay the termination benefits. b. If the Employee voluntarily resigns as City Administrator, the Employee shall provide a minimum of forty-five (45) days’ notice unless the parties otherwise agree. 17. OUTSIDE ACTIVITIES. Employee shall not engage in teaching, consulting or other non-city connected activity without the prior written approval of Employer. 18. INDEMNIFICATION. Beyond that required by the Federal, State, or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. Legal representation, if provided by Employer for Employee, shall extend until a final determination of the legal action including any appeals brought by either party. The Employer shall indemnify Employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorney fees, and other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceedings, actual or threatened, arising out of or in connection with the performance of her duties. Any settlement of any claim must be made with the prior approval of the Employer in order for the indemnification, as provided in this Section to be available. 19. BONDING. Employer shall bear the full cost of any fidelity of other bonds required of the Employee under any law or ordinance. 20. OTHER TERMS AND CONDITIONS OF EMPLOYMENT. The Employer shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this agreement, the City ordinances or any other law. a. Except as otherwise provided in this agreement, the Employee shall be entitled to the equivalent benefits that are enjoyed by other appointed officials, appointed employees, department heads or general employees of the Employer as provided in the City ordinances and the City of Little Canada Employee Handbook. IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed on its behalf by its Mayor and Employee has signed this Agreement, in duplicate, the day and year first written above.