O'ROURKE, KEVIN - 2013 - Laserfiche WebLink

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3.1.4 Other Employment. City acknowledges that Employee is employed by PARS. However, Employee agrees that while this Agreement is in effect, Employee will take a leave of absence from PARS and Employee will focus his professional time, ability, and attention on City business during the term of this Agreement. To the extent consistent with applicable law, Employee shall not engage in any other business duties or pursuits whatsoever or, directly or indirectly, render any services of a business, commercial or professional nature to any other person or organization, whether for compensation or otherwise, without the prior consent of the City Council, except that: (1) The expenditure of reasonable amounts of time not in conflict with the City's needs and interests, for educational, charitable, community, and professional activities, shall not be deemed a breach of this Agreement and shall not require prior consent. Such activities may include, but are not limited to, involvement with the League of California Cities, the International City/County Management Association, and other nonprofit associations, and the completion of the occasional outside consulting project. (2) This Agreement shall not be interpreted to prohibit Employee from making passive personal investments or conducting private business affairs if those activities do not materially interfere with the services required under this Agreement or create conflicts of interest. 3.1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee. Such materials shall not, without the prior written consent of the City Council, be used by Employee for any purposes other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law. The terms of this Section 3.1.5 shall survive termination or expiration of this Agreement. 3.1.6 Rights and Obligations of Employee and City. City and Employee shall have the rights and obligations of public entities and public employers, respectively, set forth in Division 3.6 of Title 1 of the California Government Code, commencing with Section 810. 3.2 Term; Termination; Severance Pay. 3.2.1 Term. This Agreement shall become effective on February 11, 2013 and shall continue until terminated either by the City Council or by Employee ("Initial Term"). 3.2.2 Termination. The Parties understand and agree that the employment relationship created by this Agreement is "at-will" and that the Employee shall serve at the will and pleasure of the City Council. The Employee may be terminated at any time for cause, with no advance notice. For purposes of this Agreement, a termination for cause shall be any 2 55394.00000\7816924.1