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4. Employer shall provide Employee with, or reimburse Employee for costs of, a home computer, <br />software, fax/modem, and cell phone required for Employee to perform the job and to maintain <br />communication. <br />Section 9: Termination <br />For the purpose of this agreement, termination shatl occur when: <br />A. Employee is terminated for good cause. For purposes of this Agreement the term "good cause" is <br />defined as follows: <br />1. Any willful, knowing, grossly negligent, or negligent breach, disregazd or habitual neglect of any <br />provisions of this Agreement, or any willful, knowing, grossly negligent, or negligent breach, <br />disregard or habitual neglect of any duty or obligation required to be performed by City Manager <br />under this Agreement or under the Charter, ordinances a.nd/or Policies of the City and/or the laws <br />of the United States or the State of Texas. <br />2. Any willful, knowing, or grossly negligent misapplication or misuse, direct or indirect, by City <br />Manager of public or other funds or other property, real, personal, or mixed, owned by or <br />entrusted to the City, any agency or corporation thereof, or the City Manager in his official <br />capacity. <br />B. The majority of the governing body votes to terminate the Employee at a duly authorized public <br />meeting. <br />C. If Employer, citizens, or the state legislature acts to amend any provisions of the Texas Local <br />Government Code or a future city charter pertaining to the role, powers, duties, authority, responsibilities <br />of Employee's position that substantially changes the form of government, the Employee shall have the <br />right to declare that such amendments constitute termixiation. <br />D. If Employer reduces the base salary, compensation or any other financial benefit of the Employee, <br />unless it is applied in no greater percentage than the average reduction of all departmerrt heads, such <br />action shall constitute a breach of this agreement and will be regarded as a ternunation. <br />E. If Employee resigns his employment with the City, in response to a resolution approved by a majority <br />of the entire City Council requesting Employee's resignation, then Employee may declare a termination <br />as of the date of his signed letter of resignation.. <br />F. Employer has committed a material breach of this Agreement and Employer has not cured the breach <br />within thirry (30) days following receipt of written notice of the breach delivered by Employee. Provided, <br />however, if said breach cannot be cured within said thirty (30) days, then Employer shall be allowed a <br />reasonable amount of time to cure said breach. Written notice of a breach of contract shall be provided in <br />accordance with the provisions of Section 17. <br />Section 10: Severance <br />Severance shall be paid to Employee when employment is terminated as defined in Section 9. <br />If Employee is terminated, Employer shall provide a minimum severance payment equal to 10 months' <br />salary at the then cunent rate of pay. This severance shall be paid in a lump sum unless otherwise agreed <br />to by Employer and Employee. One year from the effective date of this agreement said payment sha11 <br />increase to an amount equal to eleven months' salary, and two years from the effective date to twelve <br />months. <br />2 <br />~ 30 <br />