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Section 11: Termination <br />A. Termination without Cause: The City Manager may terminate this Agreement at any time <br />without cause. <br />B. Termination for Cause: The City may terminate the Employee for cause. Such termination <br />shall be preceded by notice to Employee. For purposes of this Agreement, "cause" shall <br />include, without limitation, the following: <br />Misconduct in connection with the performance of any of Employee's duties, including, <br />without limitation, misappropriation of funds or property of the City, securing or <br />attempting to secure any personal profit or commercial advantage in connection with any <br />transaction entered into by the City, any falsification or misrepresentation of fact, or any <br />violation of law or regulation to which the City is subject; <br />2. Conviction of a felony offense, or of a misdemeanor involving moral turpitude, whether <br />committed within or outside the scope of Employee's employment hereunder; or <br />3. Violation of any applicable City policies. <br />C. Resignation by Employee. In order to receive the severance benefits set forth in Section 12c <br />of this Agreement, Employee must resign in good standing and Employee shall give the City <br />30 days notice in advance, unless the City Manager or designee agrees otherwise in writing. <br />Section 12: Severance <br />A. Termination without cause: <br />1. The City will pay the Employee a lump sum cash payment equal to three (3) months <br />salary. This payment is contingent upon a waiver and release of all claims against the City <br />in a form acceptable to the City. <br />2. The City will pay Employee a lump sum cash payment for all earned and unused vacation <br />leave and personal leave (the same as general employees). Employee shall not be paid for <br />unused sick leave. <br />3. If Employee elects to continue City's health and dental insurance under COBRA, City will <br />pay Employee a sum equivalent to up to three (3) months of health & dental premiums to <br />cover Employee. <br />4. In no event shall the sum of severance benefits under this Section exceed $50,000. <br />5. The payments set forth subsections 12A.1. and 12.A.3 will be made only if Employee has <br />successfully completed his/her 6 month probationary period at the time Employee is <br />terminated without cause. <br />B. Termination for cause: In the event Employee is terminated for cause as defined in this <br />document, the City shall have no obligation to pay the severance pay and severance benefits <br />designated in this Agreement. <br />C. Resignation by Employee: If Employee resigns in good standing and provides 30 days notice <br />in advance, the City will pay Employee a lump sum cash payment for all salary, and unused <br />vacation leave and personal leave (the same as general employees) as of the last working day <br />of active employment. <br />Page 3of5