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12-18-2019 Workshop & Council Packets
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12-18-2019 Workshop & Council Packets
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8. Agreement to Waive Rights to Benefits. TCO hereby waives and foregoes the <br />right to receive any benefits given by City to its regular employees, including, but not <br />limited to, health benefits, vacation, and sick leave benefits. TCO agrees that if any <br />government agency or court of law claims that TCO is an employee, it agrees that it is not <br />covered under these plans. This waiver is applicable to all non-salary benefits which might <br />otherwise be found to accrue to TCO by virtue of their services to City, and is effective for <br />the entire duration of TCO’s agreement with City. This waiver is effective independently <br />of TCO’s employment status as adjudged for taxation purposes or for any other purpose. <br /> <br />9. Effective Date and Contract Term. <br /> <br />A. Effective Date. This Agreement shall be effective January 1, 2020. <br /> <br />B. Contract Term. This Agreement shall continue in full force and effect until <br />December 31, 2020. If neither party provides notice to the other of its intent to <br />cancel this Agreement at least thirty (30) days prior to its scheduled expiration, the <br />Agreement shall be automatically renewed for an additional one-year term. <br /> <br />C. Early Termination for Incapacity. The Agreement may be canceled prior to its <br />scheduled termination by reason of the death of TCO’s principal officer. In the <br />event of death, City shall be obligated to pay TCO’s estate or beneficiaries only <br />the accrued but unpaid compensation and expenses due as of the date of death. <br />In the event of permanent disability of TCO’s principal officer, a successor principal <br />officer and City may agree to continue the agreement by executing a written <br />agreement to that effect within 15 days of the death or determination of permanent <br />disability. <br /> <br />D. Termination. This Agreement is terminable by either party at any time, with or <br />without cause, effective upon two weeks’ notice to the other party. If City exercises <br />its right to terminate the Agreement, any obligation it may otherwise have under <br />this Agreement shall cease immediately, except that City shall be obligated to <br />compensate TCO for work performed up to the effective date of termination. If <br />TCO exercises its right to terminate the Agreement, any obligation it may otherwise <br />have under this Agreement shall cease upon the effective date of termination. <br /> <br />E. Waiver. Waiver of a breach of any part of this Agreement by either party, whether <br />by inaction or by affirmative decision to waive, does not constitute a waiver or <br />release from any other part of the Agreement, or for any further breach of the same <br />provision occurring after the initial waiver. <br /> <br />F. Notices. Notices shall be addressed to the following: <br /> <br />For City: City Administrator <br />City of Little Canada <br />515 E. Little Canada Road <br />Little Canada, MN 55117 <br /> <br />For TCO: Don Bowman, President <br />Twin Cities Officials, LLC
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