HomeMy WebLinkAboutC-7034-3 - Fifth Amended and Restated Employment Agreement - City AttorneyFIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY OF NEWPORT BEACH CITY ATTORNEY
This FIFTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT
("Agreement") is made effective as of April 9, 2019 ("Effective Date") and is entered
into by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and Charter City ("Employer" or "City") and AARON C. HARP
("Employee") an individual, (sometimes collectively "the Parties").
RECITALS
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. Employee has been continuously employed by City as City Attorney since
September 6, 2011. Employee is currently employed under a Fourth
Amended and Restated Employment Agreement dated on or about April 25,
2017 ("Employment Agreement").
C. The Parties mutually agree that they intend for this Agreement to supersede
all prior Employment Agreements, and that upon execution of this
Agreement, any prior Employment Agreements shall have no force or effect.
D. The Parties also mutually agree that this form of Agreement reflects the
terms and conditions under which the Parties intend and desire to continue
Employee's employment, and that there are no other Agreements between
them; oral, written or implied.
Harp Employment Agreement Page 1
NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties
as follows:
SECTION 1: Term and Notice of Non -Renewal
A. This Agreement shall become effective April 9, 2019 ("Effective Date"). Subject
to the City's right to terminate Employee's employment at any time, as provided
for in this Agreement, the term of this Agreement is two (2) years from the
Effective Date.
B. This Agreement shall automatically be extended for one additional 12 -month
period on each annual anniversary of the Effective Date of the Agreement, unless
City notifies Employee of its intent not to extend the Agreement at least six (6)
months prior to expiration of the original Term, or the Term of any subsequent
automatic extension of this Agreement.
C. City's election not to extend this Agreement shall not entitle Employee to
Severance pursuant to Section 7 of this Agreement.
SECTION 2: Duties and Authority
Employer agrees to continue to employ Employee as City Attorney, to exercise the
powers and authority and to perform the functions and duties specified in the
Newport Beach City Charter, the Municipal Code and all relevant resolutions, rules,
regulations, procedures, applicable job description(s) and state codes, as they
currently or may in the future exist. Employee shall exercise such power and
authority and perform such other functions and duties, not inconsistent with this
Agreement, as Employer, by its City Council, may legally assign.
SECTION 3: Compensation and Performance Evaluation.
A. Employer agrees to pay Employee an annual base salary of $242,556 (Two
hundred and forty two thousand and five hundred and fifty six) ("Base Salary"),
effective April 13, 2019, subject to deductions and withholdings of any and all
sums required for federal or state income tax, pension contributions, and all other
taxes, deductions or withholdings required by then current state, federal or local
law, prorated and paid on Employer's normal paydays for the City Manager, City
Attorney, City Clerk, and any Department Directors not covered by collective
bargaining agreements ("Executive Management Employees"). Employer shall
also deduct sums Employee is obligated to pay because of participation in plans
or programs described in Section 4 of this Agreement. The annual Base Salary
of Employee is within the approved salary range adopted by resolution of the City
Harp Employment Agreement Page 2
Council. This Agreement shall be deemed amended whenever the City Council
adopts a resolution changing the base salary of Executive Management
Employees or the manner (but not the amount) by which Executive Management
Employees are paid.
B. Employee shall receive a one-time bonus in the amount of two thousand and
seven hundred dollars ($2,700) in the first payroll period after the complete
execution of this Agreement.
C. Employer shall pay Employee a one-time merit payment of $18.29 per paid work
day from the pay period that includes January 1, 2019 through and including April
12, 2019.
D. Effective the pay period that includes January 1, 2020, Employee shall receive a
Base Salary increase in compensation equal to the lesser of: (1) a two percent
(2.0%) salary adjustment; or (2) a cost of living adjustment based on an increase
in the "Cost of Living" as defined by Government Code Section 3511. 1, as it
currently exists or may be modified in the future.
The cost of living adjustment will be calculated by comparing the last published
index number that is closest in time to the date the adjustment in compensation
is to be made, and the corresponding index number for one year earlier. [(A-
B)/B*100=i, where A=Most recent index B=Corresponding index for one year
earlier i=Cost of living adjustment, in percent]
E. Employer, by the City Council, and Employee may set mutually -agreed upon
objectives for each year under this Agreement. Employer, by the City Council,
may elect to conduct an evaluation of Employee's performance at any time or
times during the period in which this Agreement remains in effect.
F. Employee's compensation as discussed under this Section is not tied to the
compensation of any other City employee or group of City employees, except as
expressly provided in this Agreement.
SECTION 4: Employee Benefits
A. Benefit Balances Carried Over. Employee shall not have a break in employment
service between the prior Employment Agreement and this Agreement. All of
Employee's accrued leave and other benefit balances shall carry over as agreed,
and his leave and benefit balances shall continue to accrue under the terms of
applicable City policies and this Agreement.
Harp Employment Agreement Page 3
B. Flex Leave. Employee shall accumulate Flex Leave as provided in the City's Key
and Management Compensation Plan, Executive Management category
("Compensation Plan"), at the rate of 9.69 hours per Pay Period. Employee's
maximum accrual for Flex Leave is limited to 400 (four hundred) hours. The right
to sell back accumulated Flex Leave shall be consistent with the Compensation
Plan.
C. Administrative Leave. Employee shall be entitled to 80 hours of paid
Administrative Leave per calendar year (January 1 through December 31).
Administrative Leave does not accrue from calendar year to calendar year, and
must be used, or lost, at the conclusion of each calendar year. There is no cash
value for Administrative Leave and will not be paid out upon Employee request
or separation from the City.
D. Additional Benefits. Unless otherwise provided in this Agreement, Employee
shall receive the same benefits as are available to Executive Management
Employees under the Compensation Plan and/or EPM, including cafeteria
benefits, LIUNA Supplemental Pension, IRS Section 125 Flexible Spending
Accounts, short-term and long-term disability plans, life insurance plans, and
deferred compensation plans. This Agreement shall be deemed amended
whenever the City Council adopts a resolution or takes action changing these
benefits under the Compensation Plan and/or EPM.
E. Annual Physical Exam. Employee may undergo an annual physical examination
and City shall reimburse Employee for the actual cost of the examination up to a
maximum of $1,000 (One thousand dollars).
F. Automobile Allowance. Employee's duties require him to be available and to
respond to demands of City business at all times and outside of regular business
hours, including weekends. Employer shall, therefore, pay to Employee $500
(Five hundred dollars) per month as an automobile allowance so that Employee
may respond to these demands of City business.
G. Phone Allowance. Employee shall be entitled to the same phone allowance as
provided to any Executive Management member.
H. Amendment of Benefits. Employee's benefits provided under this Section 4 are
not tied to the compensation of any other City employee or group of City
employees except as expressly provided in this Section.
Harp Employment Agreement Page 4
Retirement - CalPERS. Employee contributes thirteen percent (13%) of
compensation earnable towards Employee's retirement benefit, which is
designated as follows: 8% of Employee/Member's total PERSable salary as the
Employee/Member Contribution; and 2.42% and 2.58% as cost sharing of the
Employer Contribution Rate in accordance with Government Code sections
20516(a) and 20516(f) respectively.
The Parties agree that the City will not report as special compensation the value
of any Employer Paid Member Contribution. In the event the City Council adopts
a Compensation Plan in which retirement contributions for non -safety members
of the Key & Management Group exceeds 13.00%, this Agreement shall be
deemed amended and Employee will be subject to the same formula or
percentage contribution as it is applied to the non -safety members of the Key &
Management Group covered under the Compensation Plan and for the same
duration. In no event, shall the Employee's retirement contribution be less than
13.00%. Employee retirement contributions that are in addition to the normal
PERS Member Contribution shall be calculated on Base Salary, special pays,
and other pays normally reported as "PERSable" compensation, and will be made
on a pre-tax basis through payroll deduction, to the extent allowable by the
Government Code.
J. Supplemental Pension. Employee is a member of the LIUNA Supplemental Pension
Fund ("Plan"). Effective in the pay period which includes January 1, 2019, the Plan
will be funded exclusively by contributions from the members. The City will not make
any contributions to the Plan. In addition, as there are increases (which typically
occur annually) to the costs (whether identified as employer or employee
contributions) to fund the Plan, they will be made by Employee (i.e., the participants
in the Plan). The City is not responsible for, nor does it make any representation
regarding, the payment of benefits to Employee.
Employee cannot receive the contributed amounts directly instead of having them
paid to the Plan. Participation in the Plan will continue to be mandatory for
Employee.
SECTION 5: General Business Expenses
A. Employer recognizes that Employee may incur expenses of a non -personal, job
related nature that are reasonably necessary to Employee's service to
Employer. Employer agrees to either pay such expenses in advance or to
reimburse the expenses, so long as the expenses are incurred and submitted
according to Employer's normal expense reimbursement procedures or such
Harp Employment Agreement Page 5
other procedure as may be designated by the City Council. To be eligible for
reimbursement, all expenses must be supported by documentation meeting
Employer's normal requirements and must be submitted within time limits
established by Employer.
B. City shall reimburse Employee for expenses incurred in his attending a
reasonable number of League of Cities and other similar conferences relevant
to the performance of his duties. City shall pay Employee's annual California
Bar Association dues, membership in the Orange County Bar Association and
appropriate sections of that Association, and the expenses of his satisfying his
Mandatory Continuing Legal Education ("MCLE") obligations. It is not
contemplated that out -of -Orange County travel will be required for Employee to
meet his MCLE obligations.
C. The expenses to be budgeted and paid in this Section 5, Paragraphs A and B
above, are exclusive of reasonable expenses related to events, participation in
organizations, or attendance at events or meetings on behalf of the City as
required by the City Council. Employer will separately budget and pay for
membership and participation in community, civic or other organizations or
events in which Employer requires Employee to participate.
SECTION 6: At -Will Employment Relationship
A. Consistent with Article VI of the City Charter, Section 600, Employee is
appointed by, and serves at the pleasure of, the City Council. Nothing in this
Agreement shall prevent, limit or otherwise interfere with the right of Employer
to terminate this Agreement and the employment of Employee at any time, with
or without Cause (as defined below), and with or without notice. Employer shall
pay Employee for all services through the Effective Date of termination and
Employee shall have no right to any additional compensation or payment,
except as provided in Section 7, Severance and Benefit Payoff at Termination,
and General Release Agreement, below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Employee to resign from his employment with Employer, subject only to
Employee providing a minimum of forty-five (45) calendar days prior written
notice to Employer of the effective date of his resignation. Upon the effective
date of resignation, Employee forfeits all compensation and benefits owing for
the remainder of the term of this Agreement, as well as any potential severance
pay.
Harp Employment Agreement Page 6
SECTION 7: Severance and Benefit Payoff at Termination, and General Release
Agreement
A. Without Cause: If Employer terminates this Agreement (thereby terminating
Employee's Employment) without Cause, as determined by the affirmative
votes of a majority of the members of the City Council at a meeting of the City
Council, and if Employee signs, delivers to the City Council, and does not
revoke, the General Release Agreement in the form attached hereto as Exhibit
A, Employer shall pay Employee beginning on the effective date of termination
a lump sum benefit equal to six (6) months of his then applicable Base Salary,
and shall provide six (6) months of medical coverage as provided under the
Compensation Plan as long as employee is already enrolled and receiving
medical coverage through the City medical benefits plan at time of termination
(collectively, "Severance").
B. With Cause: If Employer terminates this Agreement (thereby terminating
Employee's Employment) with Cause, as determined by the affirmative votes of
a majority of the members of the City Council at a meeting of the City Council,
Employee shall not be entitled to any additional compensation or payment,
including Severance. If the City Council intends to terminate with Cause, based
on a reason or reasons set forth in subparts 5 or 6, immediately below, the
Council shall first deliver to Employee a written Notice of Intent to Terminate,
stating the reason or reasons for the proposed termination, and providing a
thirty (30) day period for Employee to cure. If, in the City Council's independent
judgment, Employee cures the identified reason or reasons for Cause
termination, Employee shall not be terminated therefor. As used in this
Agreement, Cause shall mean any of the following:
1. Conviction of a felony;
2. Conviction of a misdemeanor arising out of Employee's duties under this
Agreement and involving a willful or intentional violation of law;
3. Conviction of any crime involving an "abuse of office or position," as that
term is defined in Government Code Section 53243.4;
4. Willful abandonment of duties;
5. Repeated failure to carry out a directive or directives of the City Council
made by the City Council as a body; and
Harp Employment Agreement Page 7
6. Any grossly negligent action or inaction by Employee that materially and
adversely: (a) impedes or disrupts the operations of Employer or its
organizational units; (b) is detrimental to employees or public safety; or (c)
violates properly established rules or procedures of Employer.
C. In no event may Employee be terminated within ninety (90) days after any
municipal election for the selection or recall of one or more of the members of
the City Council.
D. Resignation: If Employee terminates this Agreement (thereby terminating
Employee's employment), Employee shall not be entitled to any additional
compensation or payment, including Severance.
E. Upon termination (regardless of reason), Employee shall be compensated for
all accrued but unused Flex Leave. No compensation shall be paid for any
unused Administrative Leave.
SECTION 8: Employee's Obligations and Hours of Work
A. Employee shall devote his full energies, interest, abilities and productive time to
the performance of this Agreement and utilize his best efforts to promote
Employer's interests. Employee's duties may involve expenditures of time in
excess of the regularly established workday or in excess of a forty (40) hour
workweek and may also include time outside normal office hours (including
attendance at City Council meetings). Employee's base salary includes
compensation for all hours worked and Employee shall be classified as an exempt
employee for purposes of overtime and shall not be entitled to any form of
compensation for overtime. In recognition of the significant time Employee will
need to devote outside normal office hours to business activities of Employer and
the exempt, salaried nature of the employment, employee is permitted to exercise
a flexible work schedule. However, consistent with this flexibility and Employee's
participation in activities out of the office, Employee will generally be expected to
keep office hours at City Hall during normal business hours, subject to paragraph
B of this Section, below.
B. Employee is authorized to work the 9/80 schedule as defined in Section 2(RR)(1)
of the Employee Policy Manual and referred to in Miscellaneous Section (D) of
the Compensation Plan. However, as City Attorney, Employee shall not take a
9/80 day: (1) on any Monday or Friday immediately preceding a regularly
scheduled City Council Meeting; (2) on the same day as the Assistant City
Attorney takes a 9/80 day off; or (3) any other day where the press of business
Harp Employment Agreement Page 8
requires Employee's attendance, in Employee's good faith judgment, such as
court appearances or emergency City Council meetings.
SECTION 9: Confidentiality and Non -Disparagement
A. Employee acknowledges that in the course of his employment contemplated
herein, Employee will be given or will have access to privileged, confidential and
proprietary documents and information, relating to the City, its residents,
businesses, employees, and customers ("Confidential Information"). Such
Confidential Information may include, but is not limited to, all information given to
or otherwise accessible to Employee that is not public information or would be
exempt from public disclosure as confidential, protected, exempt or privileged
information. Employee shall hold the Confidential Information in trust for City's
benefit, and shall not disclose the Confidential Information to others without the
express written consent of City.
B. Except as otherwise required by law, in the event the City terminates Employee
with or without Cause, the City and Employee agree that no member of the City
Council, the city management staff, nor the Employee shall make any written,
oral, or electronic statement to any member of the public, the press, or any City
employee concerning the Employee's termination except in the form of a joint
press release or statement, which is mutually agreeable to City and Employee.
The joint press release or statement shall not contain any text or information that
is disparaging to either Party. Either Party may verbally repeat the substance of
the joint press release or statement in response to any inquiry.
C. The obligations of Employer and Employee under this Section 9 shall survive the
termination of this Agreement.
SECTION 10: Outside Activities
A. Employee shall not engage in any activity, consulting service or enterprise, for
compensation or otherwise, which is actually or potentially in conflict with,
incompatible with, or inimical to, or which materially interferes with his duties and
responsibilities to Employer. (Cal. Govt. Code 1125 — 1129.)
SECTION 11: Indemnification
A. Consistent with the California Government Code, Employer shall defend and
indemnify Employee, using legal counsel of Employer's choosing, against
Harp Employment Agreement Page 9
expense or legal liability for acts or omissions by Employee occurring within the
course and scope of Employee's employment under this Agreement. In the event
Employer determines that there is a conflict of interest between Employer and
Employee and independent counsel is required for Employee, Employer may
select the independent counsel after having considered the input of Employee
and shall pay the reasonable fees of such independent counsel consistent with
City litigation guidelines and standard rates received by City from its chosen
special counsel. (Cal. Govt. Code sections 825, 995, et. seq.)
B. Notwithstanding the foregoing, and consistent with Sections 53243 through
53243.3 of the Government Code, Employee shall be required, if convicted of a
crime involving an abuse of his office or position, to fully reimburse the City for:
(1) any paid leave salary offered by the City to the Employee; (2) any funds
provided for the legal criminal defense of the Employee; (3) any cash settlement
related to the termination that Employee may receive; and (4) any other payments
received by Employee from City that in any way relate to the foregoing.
SECTION 12: Other Terms and Conditions of Employment
Employer may fix other terms and conditions of employment, as it may determine
from time to time, relating to the performance of the Employee, provided such terms
and conditions are not inconsistent with or in conflict with the provisions of this
Agreement or applicable law.
SECTION 13: Notices
A. Notice pursuant to this Agreement shall be given by depositing written notification
in the custody of the United States Postal Service, postage prepaid, addressed
as follows:
(1) EMPLOYER:
City of Newport Beach
c/o City Clerk
100 Civic Center Drive
Newport Beach, California 92660
(2) EMPLOYEE: Aaron C. Harp
at the home address then shown in Employer's files
Harp Employment Agreement Page 10
B. Alternatively, notice required pursuant to this Agreement may be personally served in
the same manner as is applicable in civil judicial practice. Notice shall be deemed
given as of the date of personal service or five days after the date of mailing.
SECTION 14: General Provisions
A. Integration: This Agreement sets forth the final, complete and exclusive
agreement between Employer and Employee relating to the employment of
Employee by Employer. Any prior discussions or representations by or between
the parties are merged into this Agreement or are otherwise rendered null and
void. The parties by mutual written agreement may amend any provision of this
Agreement during the life of the Agreement. Such amendments shall be
incorporated and made a part of this Agreement. The foregoing notwithstanding,
Employee acknowledges that, except as expressly provided in this Agreement,
his employment is subject to Employer's generally applicable rules and policies
pertaining to employment matters, such as those addressing equal employment
opportunity, sexual harassment and violence in the workplace, as they currently
or may in the future exist, and his employment is, and will continue to be, at the
will of the City Council.
B. Binding Effect: This Agreement shall be binding on the Employer and the
Employee as well as their heirs, assigns, executors, personal representatives and
successors in interest.
C. Choice of Law: This Agreement shall be interpreted and construed pursuant to
and in accordance with the laws of the State of California and all applicable City
Charter provisions, Codes, Ordinances, Policies and Resolutions.
D. Severability: If any provision of this Agreement is held invalid or unenforceable,
the remainder of this Agreement shall nevertheless remain in full force and effect.
If any provision is held invalid or unenforceable with respect to particular
circumstances, it shall nevertheless remain in full force and effect in all other
circumstances.
E. Conflict with City Charter or Municipal Code. The City personnel ordinances,
resolutions, rules and policies shall apply to Employee in the same manner as
applied to other management employees, provided, however, in the event of a
conflict between the provisions of this Agreement and the City Charter, or this
Agreement and the Municipal Code, the City Charter or the Municipal Code shall
prevail over this Agreement.
Harp Employment Agreement Page 11
F. Employee's Independent Review: Employee acknowledges that he has had the
opportunity and has conducted an independent review of the financial and legal
effects of this Agreement. Employee acknowledges that he has made an
independent judgment upon the financial and legal effects of this Agreement and
has not relied upon any representation of Employer, its officers, agents or
employees other than those expressly set forth in this Agreement. Employee
acknowledges that he has been advised to obtain, and has availed himself of,
legal advice with respect to the terms and provisions of this Agreement.
[Signatures on next page]
Harp Employment Agreement Page 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
dates reflected below each signature.
EMPLOYER
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
_ k—l" * —
Diane B. Dixon, Mayor
Date: 4 l. 9 11
APPROVED AS TO FORM:
By:
Edward P. Za pia
THE ZAPPIA LAW FIRM
A Professional Corporation
ATTEST:
By:
L ' ani rown
City Clerk
Date: �—* -l9
EMPLOYEE,
An Individual
By: 'n . (f,
��—
Aaron C. Harp
Date- Y/ 9//q
Date: q � s) IT
[End of Signatures]
Attachment: Exhibit A — General Release Agreement
Harp Employment Agreement Page 13
Exhibit A
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered into by and
between AARON C. HARP ("Employee") and CITY OF NEWPORT BEACH
("Employer"), in light of the following facts:
A. Employee's employment with Employer concluded on
B. Certain disputes have arisen between Employer and Employee.
C. Employer and Employee each deny any liability whatsoever to the other.
D. Employer and Employee wish to fully and finally resolve any and all disputes
they may have with each other.
E. Employee is hereby informed that he has twenty-one (21) days from receipt
of this Agreement to consider it. Employer hereby advises Employee to consult with his
legal counsel before signing this Agreement.
F. Employee acknowledges that for a period of seven (7) days following the
signing of this Agreement ("Revocation Period"), he may revoke the Agreement. This
Agreement shall not become effective or enforceable until the day the Revocation Period
has expired.
G. Employee acknowledges that the Salary Payment referenced in paragraph
1 of this Agreement represents all compensation, including salary, accrued benefit
balances and reimbursed expenses, due and payable to him through the date of
employment termination. Employee also acknowledges that Employer has made this
Salary Payment without regard to whether he signs this Agreement. The Salary Payment
does not constitute consideration for this Agreement. Employee acknowledges that the
Severance referenced in paragraph 2 of this Agreement is in excess of all amounts that
are due and owing to him as a result of his employment by Employer.
1. Receipt of Salary Payment. Employee hereby acknowledges receipt of a
check or checks for all compensation owing to him, including salary, accrued benefit
balances and reimbursed expenses ("Salary Payment") from Employer.
Page 14
2. Severance. Within ten (10) days following Employee's signing, delivering to
the City Council, and not revoking this Agreement, City shall pay Employee the gross
amount provided for in Section 7 of the current Fifth Amended and Restated Employment
Agreement dated April 9, 2019, less applicable deductions, and shall provide the months
of medical benefits as provided in that same Section 7 ("Severance"). Employee
acknowledges that the Severance is in excess of all amounts due and owing him as a
result of his employment by Employer.
3. General Release. In consideration of the Severance to be paid and provided
to Employee, and other good and valuable consideration, Employee hereby releases and
discharges Employer and its past and present City Council Members, employees,
representatives and agents, from all rights, claims, causes of action, and damages, both
known and unknown, in law or in equity, concerning and/or arising out of his employment
with Employer which he now has, or ever had, including but not limited to any rights,
claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964,
the Vocational Rehabilitation Act of 1973, the Employee Retirement
Income Security Act, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the Older Workers Benefits Protection Act, the Family and Medical
Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the
Private Attorneys General Act of 2004, the California Moore -Brown -Roberti Family Rights
Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing
Act, any other federal, state, or local employment practice legislation, or any federal or
state common law, including wrongful discharge, breach of express or implied contract,
or breach of public policy.
Employee hereby waives and relinquishes all rights and benefits afforded by
Section 1542 of the Civil Code of California. Employee understands and acknowledges
the significance and consequences of this specific waiver of Section 1542. Section 1542
of the Civil Code of California states as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
Page 15
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS
OR HER SETTLEMENT WITH THE DEBTOR."
Notwithstanding the provisions of Section 1542, and for the purpose of
implementing a full and complete release and discharge of Employer and its past and
present City Council Members, employees, representatives and agents, Employee
expressly acknowledges that this General Release is intended to include in its effect,
without limitation, all claims which he does not know or suspect to exist in his favor.
Employee further acknowledges that he has read this General Release and that he
understands that this is a general release, and that he intends to be legally bound by the
same.
4. Fees. Employee and Employer agree that in the event of litigation relating
to this General Release Agreement, the prevailing party shall not be entitled to recover
his/its reasonable attorneys' fees.
[Signatures on Next Page]
Page 16
Dated 20_ By:
Dated: 20
APPROVED AS TO FORM:
By:
Date:
ATTEST:
By:
City Clerk
Date:
CITY OF NEWPORT BEACH
Aaron C. Harp
Page 17