25H - AGMT APPOINT RAUL GODINEZ AS CMO

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monthly Base Salary and benefits ("Severance Pay") in accordance with the provisions of this Agreement. In the event this Agreement is terminated after November 1, 2018, pursuant to any one of sections 9.2, 9.3 or 9.4 of this Agreement, the City Manager shall receive a severance payment, in a lump sum, equal to twelve (12) months of City Manager's then monthly Base Salary ("Severance Pay") in accordance with the provisions of 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 `B-1" of Exhibit `B-2" to this Agreement. Notwithstanding any provision of this Agreement to the -co, ntrary, 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 coureof'eompetent 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,fiive (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,,protracte& unexcused "absences from the City Manager's office and duties. 10." `' -;,General Pro visions. �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'''execnted 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. 10.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 25H-9