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HomeMy WebLinkAbout2010 CON (Separation Agreements) Various - Employee Voluntary Separation ProgramCITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this 22 day of September , 2010, by and between the City of National City ("City") and Teresita C. Corpuz ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 18, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 19, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CaIPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not he Employee's Initials ..18./ Page I of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code arc hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7tb) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Depaitnient of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employees`[ Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employcc'ss _ Initials Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE CITY OF NATIONAL CITY City Manager ATTEST: City lerk otok Dated: 9- �a - /O Dated: PPROVED AS TO FORM: 4(4o ty Att rn:I Date Employee's Initials Page 5 of 5 EXHIBIT "A" <>CE;vF JUN142010 CITY OF NATIONAL CITY HUMAN RESOURCES DEPARTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: Retirement Incentive Program (Two year purchase of service credit) ❑ Voluntary Separation Program (Cash option) I, `_//0114t6t, ace i/ , per my selection above, intend to separate or retire from the City of National i) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): ..K% Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. .7(-Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. ,," The deadline to apply for participation in these programs is July 28, 2010. If my application is approved, I must separate or retire from the City on or before September 20, 2010. Signature %EX ES tot GO.Q puZ Print Name 6//o/P Date Aredit ,SepvYe-s �* Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this ?-)"day of ;£ ft€MhPti 2010, by and between the City of National City ("City") and Roberto V. Medina ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 19, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 20, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CaIPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee maybe eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee's Initials( Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code arc hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employe ' Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7`h) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by hirn/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties. their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employe Initials Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Roberto V. Medina CITY OF • TIONAL CITY Cit "` anager ATTEST: City Clerk Dated: �33� o/d Dated: APPROVED AS TO FORM: Employe' Initia Page 5 of 5 EXHIBIT "A" RECEIVED JUN 17 2010 are OF NA FiUNAL CITY HUMAN RESOURCES DEPARTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: Retirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) I, B0 11fd V , ." r7/ N d9' , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. 1 understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application 1 understand the following (please initial each item below): 6mi Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age nation in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days_ If the City accepts my application for voluntary separation or retirement, 1 will be required to a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis_ The program may reach its $1 illion cap prior to the end of the application filing period. % I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. The deadline to apply for participation in these programs is July 28, 2010. If my application is approved, I must separate or retire from the City on or before September 20, 2010_ Print Name C//6/2_d/ Date 6- Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this 2.1" day of CS) , 2010, by and between the City of National City ("City") and Amanda R. Meeks (" iployee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 1, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily resigns employment with the City effective October 2, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's resignation. • INCENTIVE. The City will provide to the Employee with a cash payment of $5,000 plus an additional $1,000 for each year of service and one year of employee only medical coverage equal to the benefit available to active employees at the time this agreement is entered. Based on the Employee's designated Date of Separation, the City of National City agrees to pay Employee the amount of $11,000 after the expiration of the revocation period set forth in Paragraph 5. Employee acknowledges that the City has provided no advice and made no representations as to the tax consequences of the Employee's participation in the Program and affirms that he/she will be responsible for all tax liability resulting from his/her acceptance of this incentive. This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. Employee's Initials Page 1 of 5 2. BENEFITS. Employee's group health and dental insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding/Management Compensation Plan applicable to his/her bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance except as stated in Paragraph 1. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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 Employee's _6i Initials Page 2 of 5 of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12`h Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of Employee's' Initials '� Page 3 of 5 its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT IIE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND Employee's Initials Page 4 of 5 FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT IIE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER IIE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Amanda R. CITY OF NATIONAL CITY City lagelS7 ATTEST: City Clerk Dated: Oq- a-1-- / (� Dated: APPROVED AS TO FORM: 41, iffr y Attorni atc Employee'sn i Initials Page 5 of 5 EXHIBIT "A" JIM 23 2010 NU."3ANREs` C,...• L tly PA RT,t1LNT EMPLOYEE VOLUNTARYSEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: o Retirement Incentive Program (Two year purchase of service credit) X Voluntary Separation Program (Cash option) I, tttAAtJDf� % S , per my selection above, intend to separate or retire from the City of National City (City) on or before'September_20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above. program. Should my application be denied, this request will automatically be rescinded. In signing signing and submitting this application I understand the following (please initial each item below): f l Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination. in Employment Act (ADEA), I allowed forty-five.(45) days from June 14,2010 within which to consider and submit this application. However, I may voluntarily elect to submit my applicationppearlier than forty five (45) days. 7 �� " If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. j\ ilV\'/I am responsible for and will be assessed all applicable taxes associated with a cash distribution through. the Voluntary Separation Program. l 1' '" The deadline to apply for participation in these programs is July 28, 2010. If my application isal/proved, must separate or retire from the City on or before September 20, 2010. Signature 01,9 1 ' ;�<� Date Print Name b A ful 3!S FOLIC Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES' NO LATER THAN 6:00 P.M. ON DULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into thisti day of �eprtmeic-,Pi , 2010, by and between the City of National City ("City") and Lanny B. Roark ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CalPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee Initials Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee' Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employee Initials Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE TIIIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE CITY OF NATIONAL CITY City Manage ATTEST: Page 5 of 5 Dated: /6 APPROVED AS TO FORM: Employee' Initials ate EXHIBIT "A" JUL 2 6 2010 �;IY(ir NA17 1!, HUMAN RFSOfiRCESDEPAHTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate:tar- Retirement Incentive Program (Two year purchase of service credit) ❑ Voluntary Separation Program (Cash option) I, ,L44A)y 0.4,441( , per my selection above, intend to separate or retire from the City of National City (City) on or before S pt ber 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age scrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims willresultin the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. I am responsible for and will be assessed all applicable taxes associated with a cash stribution through the Voluntary Separation Program. The deadline to apply for. participation in these programs is mreergoio. If my application is approved, I must separate or retire from the City on or before Soptember1:= -& d0, 2010. Signature 4 f4„/.,/ y a, Print Name Date c 7Aia/8,0/0 /-4(_( Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON, ;-2010 ti- a.7-- CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this !L9 day of , 2010, by and between the City of National City ("City") and Randy L. Bishop ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (Ca1PERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Page 1 of 5 Employee's Initials_ entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited .to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee's Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee's Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employees Initials Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER TT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Randy L shop CITY OF N • TIONAL CITY City Manager Dated: 101/10" Dated: / U "Li `! ATTEST: AI"II'ROVED AS TO FORM: 1;41141/ At• City Clerk Page 5 of 5 Attorney q)yjfio Date Employee Initials yyyy EXHIBIT "A" \tECEIVEI JUN 14 Z010 ,. ,. HUMAN RESU('i2i. EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: of Retirement Incentive Program (Two year purchase of service credit) ❑ ) I,DY L . pt54° P , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): (% Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. (, If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 mil ion cap prior to the end of the application filing period. t1J, I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary. Separation Program. 1 The deadline to apply for participation in these programs is July 28, 2010. 05 If my application is approved, I must separate or retire from the City on or before September 20, 2010. Signatu -41-tfoL'61 06//thdip Date Print Name Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE T-IIS AGREEMENT AND RELEASE ("Agreement") is entered into this ge3 day of , 2010, by and between the City of National City ("City") and William E. Reed ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily resigns employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's resignation. • INCENTIVE. The City will provide to the Employee with a cash payment of $5,000 plus an additional $1,000 for each year of service and one year of employee only medical coverage equal to the benefit available to active employees at the time this agreement is entered. Based on the Employee's designated Date of Separation, the City of National City agrees to pay Employee the amount of $30,000 after the expiration of the revocation period set forth in Paragraph 5. Employee acknowledges that the City has provided no advice and made no representations as to the tax consequences of the Employee's participation in the Program and affirms that he/she will be responsible for all tax liability resulting from his/her acceptance of this incentive, This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. Employ Initials Page 1 of 5 2. BENEFITS. Employee's group health and dental insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding/Management Compensation Plan applicable to his/her bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance except as stated in Paragraph 1. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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 Employee Initials Page 2 of 5 of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of Employe Initials Page 3 of 5 its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND Employee Initials Page 4 of 5 FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. William E. Reed CITY OF ATIONAL CITY Cit}Ianagc ATTEST: Dated: - f0 Dated: APPROVED AS TO FORM: II Ail* .;.'4111 Ity Att. R;0 Date Employe 's Initials Page 5 of 5 EXHIBIT "A" RECEIVED JUN 2 8 20i0 CITY G r:, i;U;NALt HUMAN RESOURCES t) rh EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: ❑ Retirement Incentive Program (Two year purchase of service credit) Voluntary Separation Program (Cash option) I, ICJ t ll 1 A M 9 citr.Y4.� j,Pje_ , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. T EN1 I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. f the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. he deadline to apply for participation in these programs is July 28, 2010. my application is approved, I must separate or retire from the City on or before September Signature I� t pM Z. IZOWA, ? — Print Name Date tr5- Department 644- THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this . y day of r✓76 Obe , 2010, by and between the City of National City ("City") and Herlinda M. Mireles ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CalPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee's Initials y- M • Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee's Initials 1/• M • Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee's Initials Ai • M Page 3 of5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 1 1 . ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall he the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employee's Initials Al til - Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Dated: Herlinda M. Mireles CITY OF N IONAL CITY Dated: /0 '- / 0 City anager ATTEST: APROVED AS TO FORM: "y Attorn.' Date Page 5 of 5 Employee's Initials g• M . EXHIBIT "A" Woini,drtierL13 RECEIVED JUN 3 0 2010 CITY OF NAFIONAL CITY HUMAN RESOURCES DEPARTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: X Retirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) I, Ref1 f n c$, M c (e-ks , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): JI ti - Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. �a '• If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. /4- M 'Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. H' r""• I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. N , M The deadline to apply for participation in these programs is July 28, 2010. • If my application is approved, I must separate or retire from the City on or before September 20, 2010. Signature �7 r / I J o_ M I (47/es Print Name 4 /3c // Date t✓uT1-i - IG'i1 Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this Ql day of — , 2010, by and between the City of National City ("City") and Isabel S. Ochoa ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CaiPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee maybe eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee's Initials Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee' Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (76) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. l 2t Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Page 3 of 5 Employee's Initials J . 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. I l . ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hercunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employee's e�� Initials�c Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Isabel S. Ochoa CITY OF N • IONAL CITY City Manager Dated: (2 ?--2Y - %t,l 6 Dated: I 0 Employee's Initials Page 5 of 5 EXHIBIT "A" RECOO .U'j I52010 CITY OI HUMANSrrN,,:Tr^AL CITY �URCES DEPARTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: Retirement Incentive Program (Two year purchase of service credit) ❑ Voluntary Separation Program (Cash option) I, ISABEL OCHOA , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): 1.0 Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age scrinunation in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. I. I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. APThe deadline to apply for participation in these programs is July 28, 2010. • IJ I If my application is approved, I must separate or retire from the City on or before September 0, 2010. 6/14/2010 Signature Date I'SABEL OCHOA NUTRITION Print Name Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this l day of Ocro6 , 2010, by and between the City of National City ("City") and William C. Strasen ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and. WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CalPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee's Initials Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee,. Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7`}') day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director. City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACI I OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee.. Initials INS Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement maybe executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD TIIE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employee's Initials VIC Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE CITY OF ATIONAL CITY Cit Dated: OCT t. 17rt� Dated: /6/17 / 0 ATTEST: APPROVED AS TO FORM: City Clerk 'ty Atto Date 0 Employee's Initials Page 5 of 5 EXHIBIT "A" k JUN 14 2010 HUMAN � an, or NAT�iL' AL CIrY AN RESOURCES DEPARTMENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: (---gRetirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) Ujtuaq M C. �`�(�S- , per my selection above, intend to separate or retire from the City of National City (City) on or before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. v35 If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. OA- I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. The deadline to apply for participation in these programs is July 28, 2010. ?S If my application is approved, I must separate or retire from the City on or before September 20, 201 'Signature Vic j Print Name 2-cO Date Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this 247 day of EP671:YZQ , 2010, by and between the City of National City ("City") and Kenneth J. Gelskey ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WHEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: I. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CalPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Employee's // Initials �C Page 1 of 5 entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code arc hereby expressly waived. Section 1 542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee's Initials Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee's Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Employee's ( Initials Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE Kenneth J. Gelskey CITY OF TIONAL CITY ` t iv ana r. City ge ATTEST: Page 5 of 5 Dated: /6 - /2 -70 Dated: /02-/O AP ROVED AS TO FORM: Employee'/gc_ Initials '/l- EXHIBIT "A" REcEtw �UIV 16 2010 HUM07, N R�SOi'R EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION cro tPgR%lKklyi Please select the program in which you intend to participate: Retirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) I, e'a t'.) N E 1 }A LS , per my selection above, intend to separate or retire from the City of National City (City) on o before September 20, 2010. I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): dr Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. _ If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. id Applications will be reviewed on a first come first serve basis. The program may reach its $1 million cap prior to the end of the application filing period. am responsible for and will be assessed all applicable taxes associated with a cash distriition through the Voluntary Separation Program. The deadline to apply for participation in these programs is July 28, 2010. my application is approved, I must separate or retire from the City on or before September 20, 2010. Date kvN6-1-4 � EL�Sk y�" 7oLJ c Print Name Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 28, 2010 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this I " ay of , 2010, by and between the City of National City ("City") and Randal G. Triviz ("Employee"). WHEREAS, The Employee is currently employed by the City of National City; and, WHEREAS, The City is offering a Voluntary Separation Program ("Program") to City employees who voluntarily separate from employment on or before October 20, 2010. Employee's application for the Program is attached to this Agreement as Exhibit "A"; and, WHEREAS, Employee is currently employed by the City, is eligible to participate in the Program, and voluntarily chooses to participate in the Program; and, WI IEREAS, Employee agrees to voluntarily separate from employment with the City no later than October 20, 2010. NOW, THEREFORE, Employee and City hereby agree as follows: 1. EMPLOYEE'S VOLUNTARY SEPARATION FROM EMPLOYMENT. The Employee acknowledges that participation in the Program is entirely voluntary and hereby knowingly and voluntarily requests separation from employment with the City effective the close of business on October 20, 2010 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective October 21, 2010, and the City acknowledges Employee's voluntary separation request and accepts Employee's retirement. • INCENTIVE. The City will provide to the Employee two years of service credit towards retirement from the California Public Employee Retirement System (CaIPERS) This is not intended to affect, deprive or divest the Employee of any rights related to receiving a vested, service related retirement, industrial disability retirement, or service pending industrial disability retirement. 2. BENEFITS. Employee's group health insurance benefits will terminate effective November 1, 2010. Employee may be eligible to continue benefits as a retiree based upon language in the Memorandum of Understanding applicable to his bargaining unit or to the extent allowed under PERS, COBRA or other applicable law. City makes no representations or promises regarding Employee's eligibility for continued health insurance benefits. 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacation time earned and unused as of the Separation Date. Thereafter, Employee will not be Page 1 of Employee Initials entitled to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe benefits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will be addressed in the manner prescribed by current Memorandum of Understanding or other applicable policy and/or approved compensation plans. 4. WAIVER AND RELEASE BY EMPLOYEE. In consideration of the Program payments and other consideration as set forth in this Agreement to which Employee would not otherwise be entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, administrators, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all causes of action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsoever kind and character, known or unknown, liquidated or unliquidated, fixed or contingent which Employee has ever had or ever may have ("Claims"), arising out of or in conjunction with Employee's employment with the City or the termination thereof, including, without limitation, claims under federal, state, or local common law or statute, as well as any form of employment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or characteristic, and any and all rights or claims arising under Title V II of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Federal Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, California Fair Employment and Housing Act, and any other local, state, or federal human rights, civil rights, or employment discrimination law or ordinance, any applicable collective bargaining agreement, any applicable wage and hour laws (to the extent allowed by law), including, but not limited to, any claim or damages for wrongful discharge, severance pay, breach of contract, breach of any express or implied promise, retaliation, breach of public policy, defamation, negligence, or other tortuous conduct, or any other theory, whether legal or equitable. EMPLOYEE understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads 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." 4.a. WORKERS' COMPENSATION CLAIMS. Claims for worked related injuries are specifically excepted from the waiver stated in Section 4. The above section does not constitute a waiver of rights to current or future workers' compensation claims. 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. Employee further acknowledges that pursuant to the terms of the Older Workers' Benefit Employee' Initials c Page 2 of 5 Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), he/she has had at least forty-five (45) days within which to consider the agreement, has seven (7) days following the execution of this Agreement during which he/she may revoke it, and acknowledges that this Agreement does not become effective until the seventh (7th) day following execution of this Agreement. Employee acknowledges and agrees that if he/she revokes this Agreement within seven (7) days following execution of this Agreement, he/she will not receive any benefit provided by this Agreement. Employee further acknowledges and agrees that he/she shall not receive any benefit under this Agreement until the seven (7) day revocation period has expired. Notice of revocation must be received by Stacey Stevenson, Human Resources Director, City of National City, 140 E. 12th Street, Suite A, National City, CA 91950. If Employee revokes this Agreement, the City will be immediately released of any further obligation under this Agreement. 6. OWNERSHIP OF CLAIMS. Employee represents and warrants as a material term of this Agreement that he/she has not assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the Claims disposed of by this Agreement. In executing this Agreement, Employee further warrants, represents, and agrees that none of the Claims released by him/her will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity. 7. NO FILINGS. Employee represents that he/she has not filed and will not file any charges or complaints against the City with the United States Equal Employment Opportunity Commission, the State of California Department of Fair Employment and Housing, or any other state or federal agency or court. If any agency or court assumes jurisdiction over any complaint or charge against the City on behalf of Employee based upon his/her employment with the City or his/her separation from employment with the City, or any other matter pertaining to Employee and the City, Employee shall immediately request said agency or court to dismiss the matter. Employee covenants and represents that he/she shall have no right whatsoever to file any lawsuit or institute any other legal proceedings of any type whatsoever against the City based upon or arising out of his/her employment with the City, the termination of that employment, or any other matter pertaining to Employee and the City based upon facts, acts or omissions occurring prior to or on the effective date of this Agreement. 8. NO REPRESENTATIONS. Employee acknowledges that, except as expressly set forth herein, no representations of any kind or character made to him/her by the City, or by any of its officers, agents, employees, representatives or attorneys have been relied upon as an inducement for the execution of this Agreement. 9. BREACH OF AGREEMENT. If Employee breaches the promise in Paragraphs 4, 5. 6 and/or 7 above and files a lawsuit based on legal claims that Employee has released, Employee shall immediately return all sums which were paid to Employee pursuant to this Agreement and reimburse City for all costs related to Employee's voluntary separation. Employee'' Initials Page 3 of 5 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State of California and any dispute arising hereunder shall be conducted under the jurisdiction of the County of San Diego Superior Court. 11. ATTORNEYS FEES. Each party hereto agrees that in the event of any dispute concerning this Agreement or claims, demands, liabilities, or causes of action included within its scope, the prevailing party shall be entitled to recover their attorney's fees and costs. The prevailing party shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts. Any such counterparts when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. 13. SUCCESSORS AND ASSIGNS. This Agreement supersedes any previous understandings, agreements, or correspondence of the parties on this subject and is binding on the parties, their heirs, executors, administrators, and successors in interest. 14. ENTIRE AGREEMENT. This document is the entire Agreement between Employee and the City. The City has made no promises to Employee other than those in this Agreement. This Agreement may not be changed orally, only in writing document signed by both parties. For purposes of this Agreement, the parties shall be deemed to have participated equally in drafting. 15. NO RIGHT OF SUCCESSION. The Employee understands that if he/she dies prior to his/her effective retirement date, then this Agreement and the incentive payment is void and neither the City nor the Employee's heirs shall have any right or obligation defined hereunder. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. YOU SHOULD THOROUGHLY REVIEW AND UNDERSTAND THE TERMS, CONDITIONS, AND EFFECT OF THIS AGREEMENT BEFORE SIGNING IT. YOU ARE ADVISED TO CONSULT WITH AN ATTORNEY BEFORE YOU SIGN THIS AGREEMENT. EMPLOYEE REPRESENTS THAT HE/SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT HE/SHE HAS HAD THE OPPORTUNITY TO HAVE IT FULLY EXPLAINED TO HIM/HER BY AN ATTORNEY OF HIS/HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HIM/HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT HE/SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST 45 DAYS TO Page 4 of 5 Employe ' Initials Y>• CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF HUMAN RESOURCES, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE a-M7 Randal G. Triviz CITY OF NATIONAL CITY g71/13 City. anager ATTEST: Page 5 of 5 Dated: /Ol/y/n Dated: APPROVED AS TO FORM: Employ Initials EXHIBIT "A" NliR CITY OF ANREs3 rW r �� 'CCtj y CRCfs D£pgK'T' EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: d Retirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) I, DA- C— . t i/ t2i , per my selection above, intend to separate or retire from the City of National City (City) on or before . ©e-roi a— 2. C3, � c l a I certify that I meet the eligibility requirements for participation in the selected program. I understand that my participation is subject to the approval of the City Manager based on the needs of the City and that the City Manager's decision is final and not subject to appeal. I will be notified if my application is accepted for the above program. Should my application be denied, this request will automatically be rescinded. In signing and submitting this application I understand the following (please initial each item below): Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from June 14, 2010 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. 'YOI If the City accepts my application for voluntary separation or retirement, I will be required to sign a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation Agreement and Release of All Claims will result in the denial of my application. Applications will be reviewed on a first come first serve basis. The program may reach its $1 mion cap prior to the end of the application filing period. I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. `'" The deadline to apply for participation in these programs is J 2$;-2-0-1-0. u i usr ° I . If my application is approved, I must separate or retire from the City on or before September 20, 2010. Def-ca-0 - ao tx a a/o, Signal re -21-NIDA-t_ C • . • i J ✓./z Print Name Date Department THIS APPLICATION FOR SEPARATION OR RETIREMENT 1 MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON JULY 2 ;77.0f0 flueus1 �j;t0/0. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 8, 2010 AGENDA ITEM NO. S ITEM TITLE: Resolution Of The City Council Of National City Authorizing The City Manager To Implement A One - Time Incentive Based Voluntary Separation Program For Eligible Full -Time, Career Employees Of The City Of National City. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED B EXPLANATION: See Attached Staff Report roes FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Per Council direction at the May 25, 2010 budget workshop, the $ 1 million will be set aside from the General Fund's Contingency Reserves. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Recommend approval of resolution FINAL ADOPTION: BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution Memorandum — City Manager Employee Voluntary Separation Program Announcement a- CALIFORNIA 4-0 NATI CITY aolti C- IPiCORPOaATs, CITY OF NATIONAL. CITY MEMORANDUM DATE: June 8, 2010 TO: Honorable Mayor and City Council FROM: Stacey Stevenson, Director of Human Resources SUBJECT: Staff Report — Related to Resolution Of The City Council Of National City Authorizing The City Manager To Implement A One -Time Incentive Based Voluntary Separation Program For Eligible Full -Time, Career Employees Of The City Of National City. Introduction To create on -going personnel related savings, the City Council authorized an expenditure of up to $1 million to incentivize eligible full-time, career employees of the City of National City to voluntarily separate. On -going savings realized would be related to the savings in base salary and benefits, including escalating health care and retirement costs, from the positions or ancillary positions that are vacated as a result of the voluntary separation. This report defines the proposed voluntary separation program and staff's recommendation for its adoption. Background In response to the City's projected structural deficit, on May 25, 2010, the City Manager presented the City Council with a menu of cost saving suggestions developed by employees, employee labor associations and management. Suggestions were grouped in three tiers: Tier One represented suggestions that were recommended by the C;ty Manager for adoption; Tier Two represented suggestions requiring further analysis; and Tier Three represented suggestions that are not recommended at this time by the City Manager. Hearing the City Council's interest in further review and refinement of Tier One, the City Manager directed staff to further develop the concepts contained therein, including the suggestion to implement an incentive based retirement program. Discussion After further review and consideration, staff has developed a model program through which employees have the option of resigning or retiring from the City of National City during a specified time period in return for a modest economic benefit. The program includes a two pronged approach, offering eligible employees the opportunity to retire through the California Public Employee Retirement System (Ca1PERS) with two additional years of service credit purchased by the City. For those employees that are not eligible to formally retire or for whom additional service credit do not offer an enhanced retirement benefit, the program includes an Honorable Mayor and City Council Staff Report to Enact an Incentive Based Voluntary Separation Program June 8, 2010 Page 2 option to receive a one time cash payment and one year of medical benefits equal to those offered to active employees (dependents will not be covered). Both components include minimum eligibility requirements. Beyond, the minimum eligibility requirements, an employee's ability to participate in the program will be left to the ultimate discretion of the City Manager. The details of the program are addressed in the attached employee announcement. Recommendation Authorize the City Manager to implement the proposed Voluntary Separation Program. Economic Impact In order to achieve cost savings, the program is limited to employees in positions where retirement or separation can result in the reduction of a position or an ancillary position. Employees in positions that would have to be retained or refilled may not be eligible, at the discretion of the City Manager. Up to $1 million dollars is allocated for payment of the incentives associated with this proposed program. Applications will be accepted on a first come first served basis up to the $1 million threshold. Priority in approval of applications may be given to applicants based on but not limited to such factors as whether the position or an ancillary position can be eliminated; positions rendering greater cost savings; an incumbent's number of years of service with National City, with priority typically given to employees with a greater number of years. Savin t. realized will be the difference between the cost of the incentives and the fully l•.. -d rate of e vacated positions. Attachment: Employee Voluntary Separation Program Announcement RESOLUTION NO. 2010 — 121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO IMPLEMENT A ONE-TIME INCENTIVE -BASED VOLUNTARY SEPARATION PROGRAM FOR ELIGIBLE FULL-TIME, CAREER EMPLOYEES OF THE CITY OF NATIONAL CITY WHEREAS, in response to the City's projected structural deficit, on May 25, 2010, the City Manager presented the City Council with a menu of cost -saving suggestions developed by employees, employee labor associations, and management; and WHEREAS, to create on -going personnel related savings, the City Council authorized an expenditure of up to $1 million to incentivize eligible full-time, career employees of the City of National City to voluntarily separate from City employment; and WHEREAS, based upon the direction of the City Council, staff has developed a model program through which employees have the option of resigning or retiring from the City during a specified time period in return for a modest economic benefit; and WHEREAS, the model program is designed to create savings and eligibility will include consideration of the extent of the cost savings achieved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to implement a one-time incentive -based voluntary separation program for eligible full-time, career employees of the City, described generally as follows: A. RETIREMENT INCENTIVE PROGRAM Any eligible employee, approved by the City Manager, to voluntarily retire from the City between June 24, 2010 and September 20, 2010 shall receive two additional years of service credit with the California Public Employee Retirement System (CaIPERS). Employees are eligible for this program if they have completed at least five (5) full years of service in a full-time, benefited, career position, are at least 50 years of age and eligible to retire through CalPERS within the defined window period. B. VOLUNTARY SEPARATION PROGRAM Any employee who, as determined by the City Manger assists in achieving cost savings through the elimination of a position or ancillary position, is approved to voluntarily resign, from the City between June 24, 2010 and September 20, 2010 shall receive a cash incentive. The cash incentive for individual employees will equal $5,000 plus $1,000 for each year of service with the City of National City as of the employee's effective date of separation. Employees opting to voluntarily resign may continue employee -only health care for a period of twelve (12) months from separation at a level equal to current active employees. Employees are eligible for this program if they have completed at least five (5) full years of service with the City of National City in a benefited, career position. The City Manager will make the determinations for eligibility based on the cost savings achieved. Resolution No. 2010-121 Page 2 PASSED and ADOPTED this 8th day of June, 2001 R n Morrison, Mayor ATTEST• /i .T JL h el R. Dalla �Ci Clerk Mich y APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on June 8, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-121 of the City of National City, California, passed and adopted by the Council of said City on June 8, 2010. National City, California CI rk of the City f By: Deputy