RESOLUTION NO.
BE IT RESOLVED, by the Commissioners of the City of Dothan, Alabama, as follows:
Section 1. That the City of Dothan enter into an agreement with Kevin Cowper for
employment as City Manager to become effective April 29, 2019, at an annual salary of
$190,000, payable on a bi-weekly basis, which said agreement follows:EMPLOYMENT AGREEMENT
This Agreement, made and entered into the 29" day of April 2019, between the City of Dothan, a
municipal corporation, hereinafter referred to as “CITY” and Kevin Cowper hereinafter referred
to.as “MANAGER”, both of whom understand as follows:
WITNESSETH:
WHEREAS, the City desires to employ the services of Kevin Cowper as City Manager
of the City of Dothan as provided by Chapter 2, Sec. 2-141, et seq., Code of Ordinanees of the
City of Dothan; and Section 11-44E-90, et seq., Code of Alabama, 1975, as amended; and
WHEREAS, it is the desire of the City Commission to provide certain benefits, establish
certain conditions of employment, and to set working conditions of said MANAGER; and,
WHEREAS, itis the desire of the City Commission to (1) employ the services of
MANAGER and to provide inducement for him to enter in such employment, (2) to act as
deterrent against malfeasance or dishonesty for personal gain on the part of MANAGER, and (3)
to provide a just means for terminating MANAGER’S services at such time as he may be unable
to fully discharge his duties or when CITY may desire to otherwise terminate his employment;
WHEREAS, MANAGER desires employment as City Manager of said City;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto mutually agree as follows:
Section 1. DUTIES
City hereby agrees to employ Kevin Cowper as City Manager of said city to perform the
duties and functions specified in the Code of Ordinances of the City of Dothan and such
other legally permissible and proper duties and functions as the City Commission shall
from time to time assign.
Section 2. TERM.
‘A. This agreement shall have an initial term of two (2) years from the effective date (the
Initial Period) with two, one-year renewal options (each a Renewal Period). The
agreement may be renewed for subsequent one-year periods upon expiration of the
Initial Period or first subsequent Renewal Period by Resolution of the Dothan City
Commission exercising said renewal option no later than the last regularly scheduled
mn meeting prior to the expiration of the Initial Period or first Renewal
B. The Initial Period of this agreement shall begin on April 29, 2019 and end on April
30, 2021 at 5:00 P.M.C. Nothing in this agreement shall prevent, limit or otherwise interfere with the right of
the City Commission to terminate the services of MANAGER at any time, subject
only to the provisions set forth in Section 3 of this agreement,
Section 3. TERMINATION, NOTICE AND SEVERANCE PAY
A. In the event the City Commission decided to exercise its right to terminate
MANAGER before expiration of the aforementioned terms of employment and
during such time that MANAGER is willing and able to perform the duties of City
‘Manager, then and in that event, the CITY agrees to give MANAGER regular
payments equal to his base salary and to maintain health and dental insurance for
MANAGER and family for six (6) months, plus any unused accumulated vacation
leave.
B. Should MANAGER secure comparable professional employment during the six-
month severance, the CITY'S obligations to MANAGER will cease. Should
MANAGER'S subsequent employment not constitute comparable professional
employment then CITY will make up the difference, if any, between his final salary
with CITY and his salary in his subsequent job and maintain health and dental
insurance for MANAGER and family for six months following severance if
MANAGER'S subsequent employment does not provide health or dental insurance,
C. In the event the MANAGER is terminated because of his conviction in the trial of any
felony, then, and in that event, CITY has no obligation to give notice or pay the
aggregate severance sum set forth in paragraph A of this Section.
D. Inthe event the MANAGER voluntarily resigns his position with the City before
expiration of the aforesaid term of employment, then he shall give the CITY ninety
(90) days notice in advance. CITY shall then have the option of relieving
MANAGER of any further duties while giving MANAGER full and complete
payment for said remaining ninety (90) days, to include any unused accumulated
vacation leave.
Section 4. SALARY
A. CITY agrees to pay MANAGER an annual salary of $190,000.00 for his services
rendered, payable bi-weekly at the same time as other employees of the City are paid.
B. MANAGER shall remain a member of the State of Alabama Employees Retirement
System,