HomeMy WebLinkAboutC-7032-4 - Sixth Amended and Restated Employment Agreement - City ClerkCITY OF NEWPORT BEACH
SIXTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT
CITY CLERK
This SIXTH AMENDED AND RESTATED EMPLOYMENT AGREEMENT ("Agreement")
is made effective as of January 26, 2021 ("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 LEILANI I. BROWN ("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 the City.
B. Employee has been continuously employed by City as City Clerk since November
22, 2008. Employee is currently employed under a Fifth Amended and Restated
Employment Agreement approved April 9, 2019 ("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.
Brown 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 January 26, 2021 ("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
A. Employer agrees to continue to employ Employee as City Clerk, to exercise the
powers and authority and to perform the functions and duties specified in the
Newport Beach City Charter, the Newport Beach Municipal Code ("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 an annual base salary of One Hundred, Fifty -
Five Thousand, Seven Hundred and Thirty -Two Dollars ($155,732) ("Base Salary"),
which is a 2% increase, effective on the first day of the pay period following approval
of the Agreement. The Base Salary shall be 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
Brown Employment Agreement Page 2
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.
B. Effective the pay period which includes January 1, 2022, and annually
thereafter; Employee shall receive a Base Salary increase 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 the California
Government Code ("Government Code" or "GOV") 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].
C. Employee shall receive a one-time, lump sum bonus in the amount of Three
Hundred and Fifty -Two Dollars ($352) in the first payroll period after the
complete execution of this Agreement.
D. 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.
E. 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 Employee's 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, at the rate designated for Employee's years of service
Brown Employment Agreement Page 3
(9.69 hours per Pay Period). Employee's maximum accrual for 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, LEAVES, Section H - Leave
Sellback.
C. Administrative Leave. Employee shall be entitled to a maximum of eighty (80)
hours of paid Administrative Leave and shall be credited with said leave the
first pay period in January of each calendar year. Administrative Leave will
not rollover 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. Consistent with the City's Key and Management Compensation
Plan, Administrative Leave does not accrue and therefore has no cash value.
As such it 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 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 Phvsical 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 Dollars ($1,000).
F. Automobile Allowance. Employee's duties require Employee to be available and
to respond to demands of City business outside of regular business hours,
including weekends. Employer shall, therefore, pay to Employee an Automobile
Allowance of Four Hundred Dollars ($400) per month to 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. Deferred Compensation. Employer shall contribute to Employee's City -
sponsored deferred compensation account as follows: Effective on the first
day of the pay period following approval of this Agreement, Employer shall
Brown Employment Agreement Page 4
contribute One Percent (1 %) of Employee's Base Salary, biweekly, towards
Employee's deferred compensation account.
Effective on the first day of the pay period which includes January 1, 2022,
Employer shall contribute One- and One -Half Percent (1-Y2%) of Employee's
Base Salary, biweekly, towards Employee's deferred compensation account.
I. Amendment of Benefits. Except as expressly provided under Section 4 of this
Agreement, Employee's benefits are not tied to the compensation of any other
City employee or group of City employees.
J. 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%, 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%. 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.
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 other procedure
as may be designated by the City Council. To be eligible for reimbursement, all
Brown Employment Agreement Page 5
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 related to attending a reasonable
number of League of Cities and other similar conferences relevant to the
performance of Employee's duties.
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 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 General Release
Agreement
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
Brown Employment Agreement Page 6
Council, and does not revoke the Agreement of Separation, Severance and
General Release Agreement in the form attached hereto as Exhibit A, then
Employer shall pay Employee beginning on the effective date of termination
a lump sum benefit equal to six (6) months of Employee's 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 in 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.
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 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
Brown 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 resigns or otherwise 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 Employee's full energies, interests, 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 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 the City's EPM
and referred to in the City's Compensation Plan.
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 privileged,
confidential and proprietary documents and information, relating to the City, its
Brown Employment Agreement Page 8
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's 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. 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
A. Employee shall not engage in any employment, activity, consulting service or
enterprise for compensation, or otherwise, which is, actually or potentially,
inconsistent, incompatible, in conflict, inimical to or which materially interferes with
Employee's duties and responsibilities to Employer. (GOV § 1125 - 1129)
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. (GOV § 825, 995, et.
seq.)
Brown Employment Agreement Page 9
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
A. 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)
ollows:
(1) EMPLOYER:
City of Newport Beach
c/o City Manager
100 Civic Center Drive
Newport Beach, California 92660
(2) EMPLOYEE: Leilani I. Brown
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 during the life of the Agreement. Such amendments shall be
Brown Employment Agreement Page 10
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.
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 oneself of legal advice with respect to the terms and provisions of this
Agreement.
[Signatures on Next Page.]
Brown Employment Agreement Page 11
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:
'll' -,41 ----\ �---
WillioA ery, Mayor
Date:
APPROVED AS TO FORM:
By:
Edward P. Zap-a
THE ZAPPIA L W FIRM
A Professional Corporation
ATTEST:
By:
Brandi Goodman-Decoud:
Assistant City Clerk `<
Date: 2 --2 2 -oz -
EMPLOYEE,
An Individual
Date: 1.01-011
Date:
POFL
[End of Signatures]
Attachment: Exhibit A - General Release Agreement
Brown Employment Agreement Page 12
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered
LEILANI BROWN ("Employee") and CITY OF NEWPORT BEACH
of the following facts:
A. Employee's employment with Employer concluded on
into by and between
("Employer"), in light
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 Employee has twenty-one (21) days from
receipt of this Agreement to consider it. Employer hereby advises Employee to consult
with 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"), Employee 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 Employee through the date of
employment termination. Employee also acknowledges that Employer has made this
Salary Payment without regard to whether Employee 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 Employee as a result of Employee's employment by
Employer.
1. Receipt of Salary Payment. Employee hereby acknowledges receipt of a
check or checks for all compensation owing to Employee, 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 Sixth Amended and Restated Employment
Agreement effective January 26, 2021, 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 Employee
as a result of Employee's 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
Employee's employment with Employer which Employee 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
ollows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY."
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 Employee does not know or suspect to exist in
Employee's favor.
Employee further acknowledges that Employee has read this General Release and
that Employee understands that this is a general release, and that Employee 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
its reasonable attorneys' fees.
[Signatures on Next Page.]
CITY OF NEWPORT BEACH
Dated , 20_ By:
Newport Beach Mayor
Dated: , 20_ By:
Leilani Brown
APPROVED AS TO FORM:
Date:
ATTEST:
Assistant City Clerk
Date: