2012-028 RES APPROVING/AUTHORIZING EXECUTION OF CITY MANAGER EMPLOYMENTAGREEMENT BETWEEN JOHN GODWIN AND COP

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4. Ecnployer shall pravide Employee with, ar reiznburse Bznployee for costs af, a hame computer, software, faxfmodem, and cell phone requiretl for Employee to perfarm the job and to mainta.in communication. SecYion 9: Terrninatian For the purpose of this agreement, terrnination shall occur when: A. Employee is terminated for gaad cause. For purposes of this Agreernent the ferm "good cause" is defined as Follows: 1. flny willful, knowing, grossly negligent, or negtigent breach, disregard or habitual neglect of an}r provisions of this Agreement, or any willful, knowing, grpssly negligent, or negligent breach, disregard or habituai negIect of ariy duty or abligation required to be performed by City Manager under this Agreement or under the Charter, ordinances andJor Policies of the City and/or the laws of the United States or the State of Texas. 2. Any willful, knowing, or grossly negligent misapplication or misuse, direck or indirect, by City Manager of pubiic or other funds or other property, reals personal, or mixed, owned by or entrusted to the Ci#y, any agency or corporation thereof, or the City Manager in his of~"icial capacity. B. The majority af the governing 6ody votes to termina#e the Employee at a duly authorzzed public meeting. C. If Employer, citizens, or the state icgistature acts to amend any provisions o£ the 1'exas Locat Government Code or a future city charter pertaining to the role, pawers, duties, authority, responsibilities of Employee's position that substantially changes tlie form of government, the Employee shall have the right ta declare that such amendments constitute termination. U. If Employer reduces the ba,se salary, compensation or any other $naixcial benefit af the Employee, unless it is applied in no greater percentage than the average reduction af a11 department beads, such action sha11 constitute a breach of this agreement and will be regarded as a ternunation. E. If Empioyee resigns his employment with the City, in response to a resolution approved by a majority of the entire City Councii requesting Employee's resignation, then Employee may declare a termination as of the date of his signed letter of resignation.. F. Employer has eommitted a ma.terial breach of this Agreement and Employer has not cured the breach within thirty (30) da.ys following receipt of written notioe of the breach delivered by Employee. Provided, however, if said breach cannot be cured within said thirty (30) days, then Empiayer shall be allowec€ a reasonable aniount of time ta cure sa:id breach_ Written notice of a breach of contract shall be provided in accordance with the provisions of Sectian 17. Section 10: Severance Severance shall be paid to Employee when employment is terminated as defined in Section 9. If Employee is terminated, Employer shali provide a minimum severance payment equal to ] 0 rnonths' salary at the then current rate of pay. This severance sha11 be paid in a lump sum unless otherwise agreed to by Employer and Employee. One year from the effective date of this agreement said pavment shall increase to an amount equa.l to eleven rnonths' salary, and two years froni the effective date to twelve months.