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February 16, 2004 Page 373 SECTION I. EFFECTIVE DATE OF EMPLOYMENT. For purposes of this Agreement, the effective date of employment of the EMPLOYEE as County Attorney shall be February 16, 2004. SECTION II. DUTIES AND RESPONSIBILITIES. EMPLOYER hereby agrees to employ Marilyn D. Porter as County Attorney for the County of Cabarrus, North Carolina. EMPLOYEE shall perform the functions and duties attendant to her office in accordance with all applicable North Carolina General Statutes and County Ordinances, as well as other legally permissible proper duties and functions attendant to such position as the BOARD shall from time to time assign through action of a majority of BOARD members. SECTION III. TERM. A. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYER to terminate the services of the EMPLOYEE at any time, subject only to the provisions set forth in SECTION V., paragraph A and B of this Agreement. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from her position with the EMPLOYER, subject only to the provisions set forth within SECTION V., paragraph D, of this Agreement. SECTION IV. RESERVED. SECTION V. TERMINATION AND POST-TERMINATION CONSULTING SERVICES. A. EMPLOYER retains the right to terminate the employment of the EMPLOYEE as County Attorney at any time, with or without cause. If EMPLOYER exercises that right, EMPLOYER agrees to engage EMPLOYEE in the provision of consulting services as outlined herein: 1. After ninety (90) days of service, EMPLOYEE will receive payment of salary and associated benefits equal to those being received immediately preceding termination for a period of nine (9) months. 2. EMPLOYEE shall be entitled to be paid for all accumulated vacation leave in a6cordance with Article VI of the Cabarrus County Personnel Ordinance. B. EMPLOYER shall not at any time during the term of this Agreement reduce the salary or any other financial benefits of the EMPLOYEE in any greater percentage than an applicable across-the-board reduction for all other employees of the County. C. In the event the EMPLOYEE is convicted of a felony, the EMPLOYER shall not be under obligation to pay the EMPLOYEE for any accumulated vacation leave under the County's pay plan. D. In the event the EMPLOYEE elects to voluntarily resign her position as County Attorney with the County, the EMPLOYEE shall give the BOARD at least thirty (30) days notice in advance, unless the parties otherwise agree. SECTION VI. DISABILITY If EMPLOYEE is permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity or health for a period of thirty (30) consecutive days beyond any accrued sick and vacation leave, EMPLOYER shall have the option to terminate the EMPLOYEE, subject to the requirements of SECTION V, paragraph A, 1 above. SECTION VII. SALARY Employer agrees to pay EMPLOYEE for her services pursuant hereto an annual base salary of not less than ninety thousand dollars ($90,000.00) payable in installments at the same time as other employees of the County are paid. The EMPLOYER may increase said base salary and/or benefits of the EMPLOYEE in such amounts and to such extent as the BOARD may determine desirable. Notwithstanding any other provisions of this Agreement, EMPLOYEE shall be entitled to receive, at a minimum, cost of living salary adjustments on the same basis as other County employees; and EMPLOYER will also increase the base salary of the EMPLOYEE or provide a bonus payment to the EMPLOYEE in an amount commensurate with the extent to which the EMPLOYEE has met the expectations of the EMPLOYER as indicated by the annual performance review of said EMPLOYEE. SECTION VIII. PERFORMANCE EVALUATION. A. The BOARD shall review and evaluate the performance of the EMPLOYEE at least once annually. For purposes of this Agreement, it is assumed that the evaluation