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ATTY/RESO.0083/CC RESO CITY ATTORNEY EMPLOYMENT AGREEMENT AMENDMENT REV: 11-19-24 MI Page 3 of 5 approved as to form by the City Attorney waiving and releasing City and its officials and employees from any and all claims that Employee may have against City and its officials and employees acknowledging that any such payments under this provision release City from any further obligations under this agreement. E. Alternatively and in lieu of a lump sum Severance Pay as described in Section 4D, Employee may elect in writing to receive nine (9) months’ notice of the City Council’s intent to terminate Employee’s employment relationship with the City. In this case, City shall retain Employee in an employment relationship with City in a capacity to be mutually agreed upon for the entire period of nine months during which the Employee shall receive the same salary and benefits as in Section 4D of this Agreement payable in installments at the same time other City executive management employees are paid. At the time the parties agree upon an employment capacity in which Employee will serve during the nine month period, the parties may discuss and agree upon whether continued vacation and sick leave benefits may be included as a benefit and also considering to the extent such benefits are compliant with California Government Code Section 53260 and 53261 and/or are otherwise required by law, under the circumstances. Prior to commencing employment with City in a newly defined capacity as set forth herein, Employee shall execute and deliver to City a release agreement approved by City and approved as to form by the City Attorney waiving and releasing City and individual City officials and employees from any and all claims that Employee may have against City and its officers and employees and acknowledging that payments under this provision release City from any further obligations under this Agreement. F. This Agreement does not provide for a specific term of service and limits Severance Pay to nine (9) months. In an abundance of caution, in the event a term is inferred by a Court or is later specified and Severance Pay or other case settlement is proposed to exceed the nine (9) month limit agreed herein, this Agreement provides as required by the California Government Code Sections 53260 and 53261, the following: If for any reason this Agreement is terminated and the City provides a cash settlement, the maximum cash settlement that Employee may receive is an amount equal to the monthly salary of employee multiplied by the number of months left on the unexpired term and that even if the unexpired term is greater than eighteen (18) months, the maximum cash settlement shall be no greater than an amount equal to the monthly salary of the Employee multiplied by eighteen (18). Further, such cash settlement shall not include any noncash items except health benefits which may be provided only to the extent as set forth in California Government Code Section 53261, or as otherwise required by law. G. Nothwithstanding the foregoing, the City shall not be obligated to pay, and shall not pay, any amounts, including but not limited to Severance Pay, or continue any benefits, other than as required by law, if Employee is terminated because of a crime of moral turpitude or a violation of statute or law constituting misconduct in office or abuse of office or position, or if the Council determines that Employee has engaged in conduct that would harm the reputation of City. Further, City shall not be obligated to pay, and shall not pay, any amounts or continue any benefits, other than those required by law, in the event Employee voluntarily resigns without affirmative action by City to terminate Employee’s