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3.1.4 Other Employ. City acknowledges that Employee is employed by <br />PARS. However, Employee agrees that while this Agreement is in effect, Employee will take a <br />leave of absence from PARS and Employee will focus his professional time, ability, and <br />attention on City business during the term of this Agreement. To the extent consistent with <br />applicable law, Employee shall not engage in any other business duties or pursuits whatsoever <br />or, directly or indirectly, render any services of a business, commercial or professional nature to <br />any other person or organization, whether for compensation or otherwise, without the prior <br />consent of the City Council, except that: <br />(1) The expenditure of reasonable amounts of time not in conflict with <br />the City's needs and interests, for educational, charitable, community, and professional activities, <br />shall not be deemed a breach of this Agreement and shall not require prior consent. Such <br />activities may include, but are not limited to, involvement with the League of California Cities, <br />the International City /County Management Association, and other nonprofit associations, and the <br />completion of the occasional outside consulting project. <br />(2) This Agreement shall not be interpreted to prohibit Employee from <br />making passive personal investments or conducting private business affairs if those activities do <br />not materially interfere with the services required under this Agreement or create conflicts of <br />interest. <br />3.1.5 City Documents. All data, studies, reports and other documents prepared <br />by Employee while performing his duties during the term of this Agreement shall be furnished to <br />and become the property of the City, without restriction or limitation on their use. All ideas, <br />memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, <br />input record data, written information, and other materials either created by or provided to <br />Employee in connection with the performance of this Agreement shall be held confidential by <br />Employee. Such materials shall not, without the prior written consent of the City Council, be <br />used by Employee for any purposes other than the performance of his duties. Nor shall such <br />materials be disclosed to any person or entity not connected with the performance of services <br />under this Agreement, except as required by law. The terms of this Section 3.1.5 shall survive <br />termination or expiration of this Agreement. <br />3.1.6 Rights and Obligations of Employee and City. City and Employee shall <br />have the rights and obligations of public entities and public employers, respectively, set forth in <br />Division 3.6 of Title 1 of the California Government Code, commencing with Section 810. <br />3.2 Term, Termination, Severance Pay. <br />3.2.1 Term. This Agreement shall become effective on February 11, 2013 and <br />shall continue until terminated either by the City Council or by Employee ( "Initial Term "). <br />3.2.2 Termination. The Parties understand and agree that the employment <br />relationship created by this Agreement is "at- will" and that the Employee shall serve at the will <br />and pleasure of the City Council. The Employee may be terminated at any time for cause, with <br />no advance notice. For purposes of this Agreement, a termination for cause shall be any <br />2 <br />55394.00000\7816924.1 25J-4 <br />