HomeMy WebLinkAboutC-8568-2 - First Amended and Restated Employment Agreement - City ManagerCITY OF NEWPORT BEACH
FIRST AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY MANAGER
This FIRST 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 GRACE K. LEUNG
("Employee"), an individual (sometimes collectively referred to herein as "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 Manager since
September 4, 2018. Employee is currently employed under an Employment
Agreement approved August 14, 2018 ("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.
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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, Section 500 of the City Charter, and NBMC, Section 2.08.050, 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 Manager to exercise the
powers and authority and to perform the functions and duties specified in the Newport
Beach City Charter, the NBMC 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 at the rate of an annual base salary of Two
Hundred and Seventy Thousand and Three Hundred Dollars ($270,300) ("Base
Salary"), effective April 13, 2019. The Base Salary shall be subject to deduction
and withholding 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 Council.
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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 $20.38 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
electto conduct an evaluation of Employee's performance at anytime ortimes 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 her leave and benefit balances shall continue to accrue under the terms of
applicable City policies and this Agreement.
B. Flex Leave. Employee shall accumulate Flex Leave as provided in the City's Key
and Management Compensation Plan ("Compensation Plan"), Executive
Management category, Years of Continuous Service, less than fifteen (15) years,
at the current rate of 8.77 hours per Pay Period. Employee's Maximum accrual for
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Flex Leave is limited to four hundred (400) hours. No Flex Leave shall further
accrue beyond said maximum. The right to sell back accumulated Flex Leave shall
be consistent with the Compensation Plan.
C. Administrative Leave. Employee shall be entitled to eighty (80) hours of paid
Administrative Leave percalendaryear and shall be credited with said leave the first
pay period in January of each calendar year. Administrative Leave will not accrue
from calendar year to calendar year and must be used each calendar year or no
additional entitlement above eighty (80) hours shall arise or occur. Upon separation
from employment, Employee shall be entitled to payment of any hours remaining of
the eighty (80) entitled hours that were not used in the calendar year. Consistent
with the Compensation Plan, there is no right to sell back any accumulated
Administrative Leave.
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 Employee Policy Manual ("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 One Thousand Two Hundred Fifty Dollars ($1,250).
F. Automobile Allowance. Employee's duties require Employee to be available and
respond to demands of City business at all times and outside of regular business
hours, including weekends. Employer shall, therefore, pay to Employee Five
Hundred Dollars ($500) 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 Employee.
H. Attorneys' Fees. Upon the submission of invoices acceptable to the City Attorney,
the City shall reimburse Employee for the reasonable, actual legal fees and costs
incurred by Employee for legal review of this Agreement, up to a maximum of Four
Thousand Dollars ($4,000).
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Deferred Compensation. On or before October 31, 2019, Employer shall make a
deferred compensation contribution on Employee's behalf in the amount of Five
Thousand and Three Hundred Dollars ($5,300) ("Deferred Compensation
Contribution"). Thereafter, provided Employee is employed by Employer on the
anniversary date of this Original Agreement (i.e. September 4), Employer shall
make a Deferred Compensation Contribution on Employee's behalf on or before
October 31 of the applicable year, so long as Employee is still employed on the
anniversary date of this Agreement.
J. Amendment of Benefits. Except as expressly provided in this Section, Employee's
benefits provided under this Section 4 are not tied to the compensation of any other
City employee or group of City employees.
K. Retirement - CalPERS. Employee is a California Public Employees' Retirement
System ("CalPERS") classic member. Employee is enrolled in the City's Tier 2
"Classic" CalPERS retirement program. Employee contributes thirteen percent
(13%) of compensation earnable towards Employee's retirement benefit which is
designated as follows: 7% of Employee/Member's total PERSable salary as the
Employee/Member Contribution and 6% as cost sharing of the Employer
Contribution Rate in accordance with Government Code section 20516(f).
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°/x. 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.
L. 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.
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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.
Employees who leave City employment prior to vesting in the LIUNA pension plan
will have no right to the return of amounts contributed, or other recourse against
the City concerning LIUNA.
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 either to 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
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. Employer agrees to budget and pay for professional dues, membership and
subscriptions of Employee necessary for continuation and participation in the
International City/County Management Association (ICMA), Cal-ICMA, the
California City Manager's Foundation (CCMF), and state and national League
of Cities and such other organizations as Employer and Employee may agree
from time to time. Employer also agrees to pay the cost of a corporate surety
bond as contemplated by section 503 of the City Charter.
C. Employer agrees to budget and to reimburse or pay for reasonable costs for
attendance and participation in meetings, institutes, training programs,
conferences, conventions and similar gatherings that support leadership
development and the advancement of Employer and Employee's mutually
agreed upon goals, and which are related to Employee's duties or Employer's
operations and held in the continental United States. For purposes of this
paragraph, reasonable expenses are limited to the reasonable and actual cost of
registration, coach -class airfare (where applicable), ground transportation and
meals. Reasonable expenses will also include the reasonable and actual cost of
lodging for meetings outside of Orange County.
D. The expenses to be budgeted and paid in the Section 5, Paragraphs A, B, and
C above, are exclusive of reasonable expenses related to events, participation
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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 V of the City Charter, Section 500, 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, below.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right
of Employee to resign from Employee's 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 Employee's 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 per Section 7 below.
SECTION 7: Severance and Benefit Payoff at Termination, and Agreement of
Separation, Severance, and General Release
A. Termination 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 Agreement of Separation, Severance, and General Release in the form
attached hereto as Exhibit A, then Employer shall pay Employee a lump sum
benefit equal to six (6) months of Employee's then applicable Base Salary, and six
(6) months of medical coverage as provided under the Compensation Plan and/or
EPM, as long as Employee is already enrolled and receiving medical coverage
through the City medical benefits plan at the time of termination.
In accordance with Government Code Section 53260(a), in no event shall
Employee receive a cash settlement that is greater than the monthly Base Salary of
Employee multiplied by the number of months left on the unexpired term of the
Agreement.
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The lump sum payment described in this Section 7(A) shall be referred to herein
as "Severance".
B. Termination 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 only mean
any of the following:
1. Conviction of afelony;
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
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. (NBMC section 506)
D. If Employee resigns or otherwise terminates this Agreement (thereby
terminating Employee's employment), Employee shall not be entitled to any
additional compensation or payment, including Severance.
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E. Upon termination (regardless of reason), Employee shall be compensated for
all accrued but unused Flex Leave and unused Administrative Leave.
SECTION 8: Employee's Obligations and Hours of Work
Employee shall devote Employee's full energies, interest, abilities and productive
time to the performance of this Agreement and utilize Employee's 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, Monday through Friday during normal business hours.
SECTION 9: Confidentiality and Non -Disparagement
A. Employee acknowledges that in the course of Employee's employment
contemplated herein, Employee will be given or will have access to 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, 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
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release or statement in response to any inquiry. Nothing herein shall prohibit any
Council Member or Employee from exercising their rights under the First
Amendment to the United States Constitution.
C. The obligations of Employer and Employee under this Section 9 shall survive the
termination of this Agreement.
SECTION 10: Outside Activities
Employee shall not engage in any activity, consulting service or enterprise, for
compensation or otherwise, which is actually or potentially in conflict with or inimical
to, or which materially interferes with Employee's duties and responsibilities to
Employer. (Cal. Govt. Code section 1126)
SECTION 11: Indemnification
A. To the extent mandated by the California Government Code, the City shall defend,
hold harmless, and indemnify Employee against any tort, professional liability,
claim or demand, or other legal action arising out of an alleged act or omission
occurring in the performance of Employee's services under this Agreement. This
section shall not apply to any intentional tort or crime committed by Employee, to
any action outside the course and scope of the services provided by Employee
under this Agreement, or any other intentional or malicious conduct or gross
negligence of Employee. (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 Employee's 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.
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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: Grace K Leung
at the home address then shown in Employer's files
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. 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, Employee's 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 Employee's
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.
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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. In the event of a conflict between the
provisions of this Agreement and the City Charter, or this Agreement and the
NBMC, the City Charter or the NBMC shall prevail over this Agreement. All other
City personnel ordinances, resolutions, rules, and policies shall apply to Employee
in the same manner as applied to other Executive Management Employees.
F. Employee's Independent Review. Employee acknowledges that Employee has had
the opportunity and has conducted an independent review of the financial and legal
effects of this Agreement. Employee acknowledges that Employee 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 Employee has been advised to obtain, and has availed himself
or herself of legal advice with respect to the terms and provisions of this Agreement.
(Signatures on Following Page)
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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
h��) it
Dixon,Dialne B. •
Date:
APPROVED AS TO FORM:
THE ZAPPIA LAW FIRM
A Professional Corporation
By:
Edward P. ZappiaOutside Counsel
City of Newport B ach
Date:
ATTEST:
By: -
L ilani rows, City Clerk
Date:
EMPLOYEE
An Individual
By:
Grace Velung
Date: q /I(/ to)
[End of Signatures]
Attachment: Exhibit A — General Release Agreement
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Exhibit A
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered into by and between
GRACE K. LEUNG ("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.
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 First Amended and Restated Employment Agreement
effective 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.
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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
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 she has read this General Release and that she
understands that this is a general release, and that she 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.
Page 15
Dated 20 CITY OF NEWPORT BEACH
Dated: .20
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp, City Attorney
Date:
ATTEST:
Leilani Brown, City Clerk
Date:
Grace K. Leung
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