25H - AGMT APPOINT RAUL GODINEZ AS CMO

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9.2, 9.3 of 9.4 of this AgFeement, the City P lanager shall reeeive a severanee payment, in a lump SUM, eqUal to t%leINIO � 12) Months Of City Manager's then monthly Base Salafy (-Sovemnee Pay") in ,.,,..,.._ee with theprovisionsof this Agreement. A Severance Pay payment shall be City Manager's sole remedy for termination under sections 9.2, 9.3 or 9.4 of this Agreement. The Severance Pay shall be paid after the City Manager executes a waiver and release agreement prepared by the City Attorney in a form substantially similar to that one set forth as Exhibit "At- -R' of Exhibit "13 2" to this Agreement. 9.7 Termination in Proximity to an Election The City Council shall not issue notice of termination, reduce Employee's salaU or benefits or actually terminate Employee during or within six months (180 days) before or after the date of a regulariv scheduled municipal election at which members of the City Council are elected. Formatted: Font color: Black Formatted: Space ARer: B pt `___________-..--- _. _...__ 9.8 Termination for Cause— Notwithstanding any provision of this Agreement to the contrary, City may terminate City Manager's employment for cause at any time and without prior notice, and if City Manager is terminated for cause, City Manager shall not be entitled to payment of severance compensation or any other compensation or damages. "Cause" shall include the following reasons: (a) Conviction of a crime, whether misdemeanor or a felony, involving moral turpitude. For purposes of this paragraph, a plea of nolo contendere shall also be considered a conviction. (b) City Manager is determined by a court of competent jurisdiction or the State of California Fair Political Practices Commission to have knowingly and unlawfully participated in a governmental decision in which he had a conflict of interest as defined in Government Code Section 87100, et seq. or Government Code Section 1090 et seq. (c) Failure to follow a lawful directive of the Council after written notice of said failure is provided to City Manager approved by five (5) or more affirmative notes of its seven (7) members. (d) Continued abuse of drugs or alcohol that materially affects the performance of the City Manager's duties. (e) Repeated and protracted unexcused absences from the City Manager's office and duties. 10. General Provisions. 10.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 10.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any Party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party. 25H-26