O-2009-3196 employment agreement/Ron Bottoms

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Section 2: Term A. Employee agrees to remain in the exclusive employ of Employer during the term of this agreement, and agrees not to become employed by any other employer until said termination as hereinafter provided, except as provided in Section 9 of this agreement. B. This Agreement shall be in effect for a single term of three (3) years, beginning on October 1, 2009, thru and including September 30,2012. C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject only to the provisions set forth in Section 3 of this agreement. D. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from this position with Employer, subject only to the provisions set forth in Section 4 of this agreement. Section 3: Termination and Severance Pay A. In the event Employee is terminated by the City Council during the term of this agreement and during such time that Employee is willing and able to perform the duties under this agreement, then in that event Employer agrees to pay Employee a lump sum cash payment equal to 4 months aggregate salary, and benefits described as follows: Employee shall also be compensated for all earned sick leave, vacation, holidays, and other accrued benefits to date. In the event Employee is terminated because of conviction of a felony or crime of moral turpitude, then, in that event, Employer shall only be obligated to pay for all accrued benefits hereinabove described, but shall only be obligated to pay salary up to and including the date of termination. B. In the event Employer at any time during the term of this agreement reduces the salary, compensation, or other financial benefits of Employee in a greater percentage than an applicable across-the-board reduction of all employees of Employer, or in the event Employer refuses, following written notice, to comply with any other provisions benefiting Employee herein, or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, or the employer declines to renew the employees contract then, in that event Employee may, at his option, be deemed to be "terminated" at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Section 4: Resignation In the event Employee voluntarily resigns his position with Employer during the term of this agreement, then Employee shall give Employer 30 days notice in advance, unless the parties agree otherwise in writing. In this event, the severance pay provisions of Section 3 will not apply. Section 5: Disability 2