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HomeMy WebLinkAboutContracts & Agreements_178-2015_CCv0001.pdf f GENERAL AND SPECIAL RELEASE AND SETTLEMENT AGREEMENT This General and Special Release and Settlement Agreement (hereinafter referred to as "Agreement") is between the City of Redlands ("City") and Alfredo Cardenas ("Cardenas"). WHEREAS City and Cardenas wish to agree upon his resignation with a severance; and WHEREAS the City and Cardenas wish to finally settle and resolve all grievances, disputes, controversies, claims and actions between them in order to make their peace and avoid the uncertainties of any litigation, investigation or review, and the expenses and costs incident thereto. NOW, THEREFORE, City and Cardenas covenant and agree as follows: 1. The City accepts Cardenas's resignation given to Janice McConnell, Amy Martin and Oscar Orci,effective August 25, 2015. 2. City agrees to pay Cardenas the equivalent of three month's salary($40,157.52) as a full and final settlement of all matters resolved by this Agreement upon full execution of this Agreement and approval by the City Council. City will take out deductions for taxes as if this amount were being paid to Cardenas as regular salary. Nothing herein shall affect Cardenas's right to receive any salary due him through August 25, 2015 or to receive any payment for accrued benefits provided for by City personnel rules or agreement with the management employees. 3. Cardenas does hereby and forever release and discharge City, and any past and/or present affiliated entities, as well as all direct or indirect successors, officers, officials, directors, heirs, predecessors, assigns, agents, insurers, employees, attorneys and representatives, and each of them, past and present, from any and all causes of action, actions, judgments, liens, 1 indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not heretofore brought before any state or federal court or before any state or federal agency or other governmental entity, and from all claims arising from or related or attributable to Cardenas's employment with the City and/or his resignation, and from any grievance or other dispute between the parties,whenever such claims may have occurred. This release and discharge includes, but is not limited to, any claims Cardenas 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 claims for attorneys' fees and costs. 4. Cardenas understands that this Agreement extends to all grievances, disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, past, present or future, arising from or attributable to the above-referred matters and disputes. Cardenas understands and expressly agrees that this Agreement also extends to any other matter, event or claim occurring prior to the date of execution of this Agreement. Cardenas further acknowledges that any and all rights granted him under Section 1542 of the California Civil Code, or any other analogous federal or state law or regulation, are hereby expressly waived. Said Section 1542 of the California Civil Code reads as follows: SECTION 1542. GENERAL RELEASE-CLAIMS EXTINGUISHED A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH 2 THE DEBTOR. 5. Cardenas understands and expressly agrees that this Agreement shall bind and benefit his spouse, children,heirs, agents, attorneys,representatives and assigns. 6. Cardenas covenants not to sue or participate in any legal action or proceeding against the City or any person or entity described in this Agreement under any policy, contract, law or regulation, federal, state or local, pertaining in any manner whatsoever to the subject of these disputes,including,but not limited to,Cardenas's employment and resignation and any rights he may have under any policy,or'local, state or federal statute, law or regulation. 7. Each party acknowledges that he or it has carefully read this Agreement and has been advised fully of the legal and binding effect of its terms. Each party acknowledges that the only promises made to induce him or it to sign this Agreement are those stated herein. Having been fully advised and informed, each party voluntarily enters into this Agreement and/or the waiver of rights covered by this Agreement. 8. Cardenas agrees that he shall not make any disparaging comments or reports about the City, the City Council or any of its members, the City Manager or any other City Department Head. If City receives inquiries about Cardenas,it will provide dates of employment and position held unless Cardenas has provided to the City a written release to provide other information or the City is otherwise compelled by law. Neither City Council nor any City management employee shall make any disparaging comments or reports about Cardenas. 9. Cardenas agrees that he will continue to fully cooperate with and participate in the defense of the City of Redlands in the litigation entitled Christine Smith v. City of Redlands, San Bernardino Superior Court, Case No. CIVDS 1311312, consistent with the testimony Cardenas has 3 provided to date in that matter. 9. Each party understands, acknowledges, and agrees that this is a compromise settlement of a disputed claim or disputed claims, and that nothing herein shall be deemed or construed at any time or for any purpose as an admission of the merits of any claim or defense. 10. No waiver of any party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding,concurrent or succeeding 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. 11. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provisions shall be deemed not to be a part of this Agreement. The parties agree that this Agreement was reviewed by counsel for both parties and shall be construed without regard to who drafted the language. Should any dispute arise over the terms and conditions of this Agreement and litigation be necessitated because of that dispute, the prevailing party in that litigation shall be entitled to recover attorneys' fees and costs incurred in that litigation. 12. This Agreement sets forth the entire agreement between the parties hereto regarding the subject matter hereof. DATED: August 25, 2015 ALFREDO CARDENAS DATED: August 25, 2015 CITY OF DLANDS By IIZ-.A&- . ENRI E M TINEZ CITY MANAGER 4 THIS AGREEMENT IS SUBJECT TO CITY COUNCIL APPROVAL (PENDING) APPROVED: DATE: `� f !7 2015 DATED: CITY OF REDLANDS By ?W Pau-1 W. Foster, Mayor ATTEST: By Sam Irwin, City Clerk 5