HomeMy WebLinkAboutContracts & Agreements_168-2008_CCv0001.pdf REL EASE A N D SETTL EM ENT AGREEM ENT
This Release and Settlement Agreement ("Agreement") is made thi s 22nd day of October,
2008, by and between the City of Redlands, a muni ci pal corporation and general law city
organized under the laws of the State of California("City"), and Christina D. Perez, an individual
("Perez'). City and Perez are sometimes individually referred to herein as "Party" and,
together, as the"Parties."
RECITALS
WHEREAS, Perez has been employed with City since March 3, 2007; and
WHEREAS, City and Perez wish to agree upon thetermsof Perez' resignation from
employment with City, includingthe payment by City of aseverance; and
WHEREAS, City and Perez wish tosettle and resolved grievances, disputes,
controversies, claimsand actions that may exist between them in order toavoid the uncertainties
of any I i ti gati on, i nvesti gati on or review, and the expenses and costs i nci dent thereto;
NOW, TH EREFORE, i n consi derati on of the mutual promi ses contai ned here n and f or
such good and other val uabl e iconsi dercli on, the recei pt of whi ch i s hereby acknawl edged, Ci ty
and Perez agree as f of I ows:
AGREEMENT
I Perez hereby submits her resignation from employment with City, and City
accepts that resignation, effective 5:30 p.m. October 22, 2008.
2. City shall pay Perez the sum of Seventeen Thousand Six Hundred Sixty-Three
and 81/1 odh Dollars($17,663.81) (the"Severance Payment"),which is comprised of the
equivalent of two-month's base salary for Perez in the amount of Twelve Thousand Five
H undred Seventy Two and 91/1 Cd' Doi I ars($12,572.91) and 140.40 hours of unused, accrued
sick I eave i n the amunt of Fi ve Thousand N i nety and go/lodh Doi I ars($5,090.90), as a f ul I and
final settlement of all matters resol ved by thi s Agrearnent, upon full executi on of thi s Agreement
and approval by the Ci ty Counci I. Ci ty w I I deduct f rom the Severance Pay ment al I appi i cabI e
taxes. Nothing herein shall affect Perez' right to otherwise receive any salary due her through
5:30 p.m. October 22, 2008, or to recei ve any payment for accrued benefits provided for by City
personnel rul es, or agreements wi th Ci ty's mi d-management empi oyees(whi ch i nd udes,125.28
hours of unused vacation leave in the amount of Four Thousand Five Hundred Forty Two and
65/1 odh Doi I ars($4,542.65); and 10 unused fl Ceti ng hol i day hours in the arnount of Three
Hundred Sixty Two and 60/1 odh Dollars($362.60)).
3. City shall not dispute or challenge any claim for unemployment benefits made by
Perez.
4. Perez hereby forever rel eases and di scharges City, City's Redevel opment Agency,
and
the r r ve elected and appoi rated off i ci ad s, off kers, agents; i nsurers and employees, past
and present, from any and al I gri evances, causes of acts on, acts ons,j udgments, I i ens,
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indebtedness; damages, losses, claims, I iabi I ities and demands of whatsoever kind or character,
known or unknown, suspected to Exist or not suspected to exist, anticipated or not anticipated,
and whether or not heretofore brought before any state or federal court or before any state or
federal agency or other governmental entity, arising f rom, related or attributable to Perez's
employment with City and/or her resignation. This release and discharge i ncludes, but is not
limited to, any claims Perez may have for wrongful termination, discrimination under state fair
employment laws or federal law, harassment, emotional distress, violation of constitutional, civil
or statutory rights and cl ai ms for attorneys fees and costs ari si ng f rom or attri butabi e to her
employment with, and/or resignation from, City.
5. Perez acknowledges that any and ail rightsgranted her under Section 1542 of the
California Ci vi I Code, or any other analogous federal or state law or regulation, are hereby
Expressly waived. Section 1542 of the California Civil Code reads as follows
"SECTION 1542. CERTAIN CLAIMSAFFECTED BY GENERAL RELEASE. A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR
DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTINGTHE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HISSETTLEMENT WITH THE DEBTOR."
6. Thi s Agreement shad I bi nd and benefit Perez and her spouse, chi I dren, hei rs,
agents, aftorneys, representatives and assigns.
7. Perez sial I not sue or partici pate i n any I egai acti on or proceedi ng agai nst City,
City's Redevel opment Agency, or any person or enti ty descri bed i n thi s,Agreement, under any
pol icy, contract, I aw or regal ati on, federal, state or I ocal, pert aii ni ng i n any manner whatsoever to
the subj ect of these di sputes, i nd udi ng, but not I i mi ted to, Perez' empl oyment and resi gnati on
and any ri ghts she may have under any pol i cy, contract, or I ocal, state or f ederai statute, I a1v or
regulation.
8. Each Party has careful I y read thi s Agreement and has had the opportuni ty to be
advised fully of the legal and binding effect of its terms Each Party acknowledges that the only
promises made to induce such Party to sign this Agreement are those stated herein. Haring had
the opportunity to befully advised and informed, each Party voluntarily enters into this
Agreement and thewaiver of rightscovered by thisAgreernent.
9. In connection with her resignation, Perez shall beesti tled to take personal
possession of the"MSAccess manual" from training provided to her by City and transcri pts of
her taped i ntervi eNs,with Ci ty staff.
10. if City receives i nqui ri es about Perez' employment with City, City will only
provide dates of empi oy ment and position held unless Perez has Provided to City a written
rel ease to provi de other i nforn*di on or Ci ty i s otherwi se compel I ed by I aw.
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11. Thi s Agreement i s a comprorni sed settl anent of di sputed cl ai ms, and nothi ng
herei n§-d I be deemed or construed at any ti me or for any purpose as an admi ssi on of the meri is
of any d aim or defense.
12. No waiver by any Party of any breach of any term or provi si on of this Agreement
shal I be construed to be, nor be, a wai ver of any precedi ng, concurrent or sucoeedi ng breach of
the same, or any other term or provision thereof. No waiver shall be binding unless in writing
and signed by the Party or individual to be charged or held bound.
13. Should any provision of thisAgreement be declared or determined by any court to
be i I I egai or i nvai id, the vai i di ty of the remai ni ng parts, terms or provi si ons shal I not be affected
thereby and i I I egal or i nval i d part, term or provi si ons shal I be dearned not to be a part of thi s,
Agreement. The Parti es agree that each of them had the opportuni ty to nevi ew thi s Agreement
with counsel of their choosing. The provisionsof thisAgreerrtent shall beconstrued without
regard to the Party who drafted this Agreement.
14. Thi s Agreement sets forth the entireagreernent between the Parties regarding the
subject matter hereof.Any amendment to thi Agreement shall be in writing and signed by the
Parties.
PEREZ CITY OF REDLANDS
By:
Christina D. Perez ayor Jon Harrison
ATTEST:
City Ierk
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