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HomeMy WebLinkAbout2011 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 1241day of , 2011, by and between the City of National City ("City") and Brenda E. Hodges (m ployee"). 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 June 28, 2011. 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 June 28, 2011. 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 June 28, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 29, 2011, 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 July 1, 2011. 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 benefits. Page 1 of 5 Employee's Initials���jf .�- 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 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. Employe ' Initials Page 2 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 TIIE DIRECTOR OF PERSONNEL, 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 \-0 D(ejr-er— Brenda E. Hodges CITY OF NATIONAL CITY Cit\iJ Tana ATTEST: Dated: PPROVED AS TO FORM: Employee' Initials Page 5 of 5 EXHIBIT A <ecerv�r, Htr, RC.t s EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: ->e Retirement Incentive Program (Two year purchase of service credit) n Voluntary Separation Program (Cash option) I> e , per my selection above, intend to separate or retire from the City of National City (Ci on r before June 28, 2011. 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): VYA__ 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 March 30, 2011 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. 4511' 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, subject to City Manager and City Council approval. am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. 1'fhe deadline to apply for participation in these programs is May 19, 2011. gees' i' If my application is approved, I must retire from the Ci . on .r before June, 2011 or separate from the City on or before June 30, 2011. understand that this program is contingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. •7eStielootro— Signature 4,411\ Date &WW.);Nt.)aW\A Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this Ihday of , 2011, by and between the City of National City ("City") and Brenda E. Hodges ("'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 June 28, 2011. 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 June 28, 2011. 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 June 27, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 28, 2011, 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 July 1, 2011. 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 benefits. Employee' Initials Page 1 of 5 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacA ne earned and unused as of the Separation Date. Thereafter, Employee will not be entilfe iJ, or accrue any, additional vacation or other leave time and will not be eligible for any fringe tits following the separation date, except as expressly set forth in this Agreement. Accian,liated 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 ,c entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, adnun, ..ors, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all cause .: :action, obligations, liabilities, actions, suits, claims, damages, and judgments of whatso� .r kind and character, known or unknown, liquidated or unliquidated, fixed or contini,ent which Employee has ever had or ever may have ("Claims"), arising out of or in with Employee's employment with the City or the termination thereof, including, wid-L uut ! i; .itation, claims under federal, state, or local common law or statute, as well as any form ,,t .:mployment discrimination based on age, race, national origin, ancestry, color, gender, religion, sexual orientation, marital status, handicap or disability, or any other protected category or chat :�teristic, and any and all rights or claims arising under Title VII of the Civil Rights Act of i 961 ''he Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Fed.prat Americans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the California Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Stand trd, :act, California Fair Employment and Housing Act, and any other local, state, or tedcrsi '-!,t ran 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 ;:wing, but not limited to, any claim or damages for wrongful discharge, severance pay, breach ;• C:;ontract, 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. Employee's( Initials '4!C/��1L Page 2 of 5 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 \N ill 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 etFei 1egal 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 1 0. APPLICABLE LAW. This Agreement shall be construed under the laws of the State -I f "alifornia 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 THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF PERSONNEL, NO LATER THAN SEVEN DAYS AFTER HE/SHE EXECUTES THIS AGREEMENT, AND THAT TIHS AGREEMENT DOES NOT BECOME EFFECTIVE OR ENFORCEABLE UNTIL AFTER THE SEVEN DAY PERIOD HAS EXPIRED. EMPLOYEE de:77X) Brenda E. Hodges CITY OF NATIONAL CITY City Manager, Dated: Dated: -5---A-6/ PPROVED AS TO FORM: ity Attorn to D �e Employee' Initials Page 5 of 5 EXHIBIT A tlumil ES) RCtS DEPAi,'TmEN"p EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: .>e Retirement Incentive Program (Two year purchase of service credit) o Voluntary Separation Program (Cash option) I, 1'J-ieirkcia,S • Tau letts , per my selection above, intend to separate or retire from the City of National City (Ci on r before June 28, 2011. 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 March 30, 2011 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. Ggeg 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. pplications will be reviewed on a first come first serve basis, subject to City Manager and City Council approval. Igtri am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. Ifhe deadline to apply for participation in these programs is May 19, 2011. 1361'1— If my application is approved, I must retire from the Cir before June, 2011 or separate from the City on or before June 30, 2011. understand that this program is contingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. \-terak,5—' Signature eel _ c Print Name gel\\ Date THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this is-1,4day of May , 2011, by and between the City of National City ("City") and Zia-e-din Daneshfar ("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 June 28, 2011. 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 June 28, 2011. 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 June 27, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 28, 2011, 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 July 1, 2011. 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 benefits. Employee' Initial ;� Page 1 of 5 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 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. Emplo ee' Initial Page 2 of 5 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 (7`1') 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. 12t1' 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 tins 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 Employe ' Initia�� 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. l I . 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 SHOW) 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 Initial Page 4 of 5 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT 1S SIGNED, HE/SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO TIIE DIRECTOR OF PERSONNEL, 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 is-e-din Daneshfar CITY OF NATIONAL CITY City Manager Dated: s/ZS/Zo(/ Dated: Co/ � aa 11 Employee' Initial Page 5 of 5 EXHIBIT A --- CALIFORNIA �- NA' '''T ' �NAI cir, INCORPORATE EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: g Retirement Incentive Program (Two year purchase of service credit) ❑ Voluntary Separation Program (Cash option) a CITY JEs DEPARTMENT I, rt. pox — Gdi‘a , per my selection above, intend to separate or retire from the City of National City (City) on or before June 28, 2011. 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 Li" Discrimination in Employment Act (ADEA), I allowed forty-five (45) days from March 30, 2011 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, subject to City Manager and City Council approval. OThe deadline to apply for participation in these programs is May 19, 2011. I am responsible for and will be assessed all applicable taxes associated with a cash di tribution through the Voluntary Separation Program. If my application is approved, I must retire or separate from the City on or before June 28, 2011. L I understand that this program iscontingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. Signature Print Name Date c Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE TIIIS AGREEMENT AND RELEASE ("Agreement") is entered into this /q'f'day of , 2011, by and between the City of National City ("City") and Ma. Teresa E. I Amfucco "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 June 28, 2011. 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 June 28, 2011. 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 on June 27, 2011 (the "Separation Date"). By entering into this Agreement, Ea,l�l�s, ee voluntarily retires from employment with the City effective June 28, 2011, 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 July 1, 2011. 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 benefits. Employee Initials Page 1 of 5 �. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vaca4i( earned and unused as of the Separation Date. Thereafter, Employee will not be entitle to, or accrue any, additional vacation or other leave time and will not be eligible for any fringe',E:,zefits following the separation date, except as expressly set forth in this Agreement. Accuuu 1dted sick leave will he 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 otlu ! e entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, adnur>d- ,,itnrs, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquits and forever discharges the City, its officers, officials, employees and agents from all cau,,e•, :. (.fiction, obligations, liabilities, actions, suits, claims, damages, and judgments of whatsuL,vcl 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 conill,r1ion with Employee's employment with the City or the termination thereof, including, within t hinitation, claims under federal, state, or local common law or statute, as well as any fora, olemployment 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 i'16 i the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, the Fed rai 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 fecleni 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, breicit 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. Employee's Initials ' Page 2 of 5 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 learnt 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. 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 hdiin'hcr 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 o' 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 ether 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; Initials 7 10. APPLICABLE LAW. This Agreement shall be construed under the laws of the State C llifornia 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 Agrccmcnt. 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 aeitiler 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 C IREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULL\ 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 EITIIER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT HE/SHE FULLY UNDERSTANDS TTS 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 Page4of5 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 PERSONNEL, 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 , Plat; dittti A d-14 Meresa E. Limfueco CITY OF N TIONAL CITY City Manage ATTEST: City Clerk Dated: ,...4'!/9/o!/ Dated: bA PROVED AS TO FORM: y Atto Employee's Initials 1J ate Page 5 of 5 1 EXHIBIT "A" - CACIFORNIA 1 Larry INCORPORATE - EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: ✓ Retirement Incentive Program (Two year purchase of service credit) n Voluntary Separation Program (Cash option) I, _ A-R14 1M R,4 E. L/ll fizto , per my selection above, intend to separate or retire from the City of National City (City) on or before June 28, 2011. 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 March 30, 2011 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 s4gn 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, subject to City Manager and C ty Council approval. I am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. 11, The deadline to apply for participation in these programs is May 19, 2011. If my application is approved, I must retire from the City on or before June 5, 2011 or separate fror,l the City on or before June 30, 2011. I understand that this program is contingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. Signatuye elifreLf O 7t?64 E Ll 7I b Print Name 4/20fitl Date Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this 0-day of Q , 2011, by and between the City of National City ("City") and David C. Pease, Jrl ("Employee"). WI IEREAS, 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 June 28, 2011. 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 June 28, 2011. 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 June 28, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 29, 2011, 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 July 1, 2011. 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 benefits. Employe p Initials _� Page 1 of 5 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 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. Page 2 of 5 Employee's Initials / ) t 27 - 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 (7`11) 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 Depaitinent 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 tennination 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 IIIM/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 c� 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 PERSONNEL, 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 ,--2 David C. Pease, Jr. CITY OF NATIONAL CITY City Man ATTEST: City Clerk Page 5 of 5 Dated: Dated: S /T 1/ PROVED AS TO FORM: ate Employee's Initials EXHIBIT A • CALIFORNIA A i.ONA C, YY 1531 I coRYORATt. ET}:x-:.:�i', 4UMANRESOU RCES DEP '12I ENT EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: PC Retirement Incentive Program (Two year purchase of service credit) n Voluntary Separation Program (Cash option) C.f-✓id , per my selection above, intend to separate or retire from the City of National City (City) on or before June 28, 2011. I certify that 1 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): !✓ Cf 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 March 30, 2011 within which to consider and submit this application. However, I may voluntarily elect to submit my application/tiearlier than forty five (45) days. Cf 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. ee Applications will be reviewed on a first come first serve basis, subject to City Manager and City Council approval. 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 May 19, 2011. PC,f my application is approved, 1 must retire from the Cit separate from the City on or before June 30, 2011. understand that this program is contingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accruethout the inclusion of two additional years ofservice credits. Signature Print Name 0—oY- /l Date I/'c Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this day of 2011, by and between the City of National City ("City") and avid C. Pease, Jr. (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 June 28, 2011. 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 June 28, 2011. 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 June 27, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 28, 2011, 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 July 1, 2011. 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 benefits. Employe Initials�%�/ Page 1 of 5 �� 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vac.'; =„ me earned and unused as of the Separation Date. Thereafter, Employee will not be eniiti�xt or accrue any, additional vacation or other leave time and will not be eligible for any ft rG'n ' ,(its following the separation date, except as expressly set forth in this Agreement. Acu n;:R,ed 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 pavnents and other consideration as set forth in this Agreement to which Employee would not ott�, ')e entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, adnti qrs, successors, and assigns, hereby knowingly and voluntarily fully waives, releases, acquit,, and forever discharges the City, its officers, officials, employees and agents from all cause .1 ,ction, obligations, liabilities, actions, suits, claims, damages, and judgments of what. kind and character, known or unknown, liquidated or unliquidated, fixed or conl which Employee has ever had or ever may have ("Claims"), arising out of or in con_;_ Finn with Employee's employment with the City or the termination thereof, including, with :nation, claims under federal, state, or local common law or statute, as well as any fore, ,,.ployment discrimination based on age, race, national origin, ancestry, color, gender, religionsexual orientation, marital status, handicap or disability, or any other protected category or a,:ieristie, and any and all rights or claims arising under Title VII of the Civil Rights Act of Older Workers Benefit Protection Act, the Age Discrimination in Employment Act, theAmericans with Disabilities Act, ERISA, the Rehabilitation Act of 1973, the Calif r nn Labor Code, Industrial Welfare Commission Wage Orders, the Federal Fair Labor Act, California Fair Employment and Housing Act, and any other local, state, or :nian rights, civil rights, or employment discrimination law or ordinance, any applicable collect! 'c bargaining agreement, any applicable wage and hour laws (to the extent allowed by law). ling, but not limited to, any claim or damages for wrongful discharge, severance pay, brcac:, , .a ntract, breach of any express or implied promise, retaliation, breach of public policy, deta,nation, 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 ab;7 does not constitute a waiver of rights to current or future workers' compensation claims. Employe Initials Page 2 of 5 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 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 Cr 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. II. 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 A ;reorient. 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 UN I)ERSTAND 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 TIIAT HE/SHE HA` ... 4.EFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY tNDERSTANDS 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 EFFEC I ; 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 CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, IIE'SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF PERSONNEL, 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. EMP David C. Pease; Jr. CITY OF NATIONAL CITY City Manager ATTEST: A City Clerk Page 5 of 5 Dated:--/ Dated: PROVED AS TO FORM: Employee Initials EXHIBIT A CALIFORNIA 'F` .. N.I .l_ t 1. INCORPORA'xg1) $lM-i- RESOURCES DE '. RTMEN1 EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: Pc Retirement Incentive Program (Two year purchase of service credit) u Voluntary Separation Program (Cash option) 1, _ a 5 _ // a,L 1 , per my selection above, intend to separate or retire from the City of Wational City (City) on or before June 28, 2011. I certify that I meet the eligibility requirements for participation in the selected program. I understand that :IL; •.elicipation 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): r Pursuant to the terms of the Older Workers' Benefit Protection Act (OWBPA), and the Age Discrin„n,ition in Employment Act (ADEA), I allowed forty-five (45) days from March 30, 2011 within which io onsider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. 1) ✓'` 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. pc -Applications will be reviewed on a first conic first serve basis, subject to City Manager and City Council approval. t am responsible for and will be assessed all applicable taxes associated with a cash distribution through the Voluntary Separation Program. PC�'he deadline to apply for participation in these programs is May 19, 2011. from the City on or before June 30, 201 I. C if my application is approved, I must retire from the City separate PCP understand that this program is contingent upon City Council approval. City Council action is anticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would riot occur and any retirement taken prior to a Council decision would be limited to the -service credits I have already accrue;�;thout the inclusion of two additional years of service credits. Signature Print Name e 04— // Date Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 CITY OF NATIONAL CITY EMPLOYEE VOLUNTARY SEPARATION PROGRAM SEPARATION AGREEMENT AND GENERAL RELEASE THIS AGREEMENT AND RELEASE ("Agreement") is entered into this 11 day of ).J , 2011, by and between the City of National City ("City") and Jeffrey L. Scrvatit ("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 June 28, 2011. 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 June 28, 2011. 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 June 28, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 29, 2011, 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 July 1, 2011. 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 benefits. Employ Initials Page 1 of 5 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 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. Employee Initials Page 2 of 5 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/shc has had 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. 121h 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 teen 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 hinvher 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 he 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 TIIIS 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, HEISHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO THE DIRECTOR OF PERSONNEL, 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 ATTEST: S-I8- 20j1 Dated: Zv/% Dated: APPROVED AS TO FORM: Attorne Date Employe 's Initials Page 5 of 5 EXHIBIT A CALIFORNIA,; NATI INCORPoRATtn RF`CAF'RCES UEp:.\ ,1LtiT 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) ❑ Voluntary Separation Program (Cash option) 1 SeA e-`Kv ATI u S , per my selection above, intend to separate or retire from the City of National City (City) on or before June 28, 2011. 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 crimination in Employment Act (ADEA), I allowed forty-five (45) days from March 30, 2011 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 git'a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation A reement and Release of All Claims will result in the denial of my application. -Applications will be reviewed on a first come first serve basis, subject to City Manager and Council approval. 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 May 19, 2011. rl -6'. /10 10,7 rCL,J Th 011. if my application is approved, I must retire or separate from the City on or before June 28, I understand that this program is contingent upon City Council approval. City Council action is ticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. Print Name Date pj\,ttc- `)30'RK Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 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 , 201 1, by and between the City of National City ("City") and Jeffrey I,. Servatius 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 June 28, 2011. 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 June 28, 2011. 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 June 27, 2011 (the "Separation Date"). By entering into this Agreement, Employee voluntarily retires from employment with the City effective June 28, 2011, 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 July 1, 2011. 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 benefits. Employ s Initials Page 1 of 5 3. ACCRUED LEAVE. On the Separation Date, the City will pay to Employee all vacat ion lime 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 fri;i��c L: 'refits following the separation date, except as expressly set forth in this Agreement. Accumulated sick leave will he 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 He entitled, Employee, for him or herself, his/her relatives, heirs, estate, executors, admu:Hu ators, 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 tit 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 coin inletiori 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. Employe Initials Page 2 of 5 5. OWBPA AND ADEA CONSIDERATION AND REVOCATION PERIODS. l/mpi y€•v 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 tt ir_,st forty-five (45) days within which to consider the agreement, has seven (7) days 1611tt 4 immg 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« 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 Agrcenicnt, Employee further warrants, represents, and agrees that none of the Claims released by huh/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 ehargc 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 co' cuants 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 o alifornia and any dispute arising hereunder shall he 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 TI-IIS 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 01 REVOCATION TO THE DIRECTOR OF PERSONNEL, 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 Clerk Page 5 of 5 Dated: 5— f %/% Dated: APPROVF\D AS TO FORM: fl lI m). Employe Initials Date EXHIBIT A NAT CAI i.FQRNIA •c INCOIWORAT> I J Hi t^:ANRESOURCES t)ELvRTME" 1 EMPLOYEE VOLUNTARY SEPARATION PROGRAM APPLICATION Please select the program in which you intend to participate: Retirement Incentive Program (Two year purchase of service credit) ci Voluntary Separation Program (Cash option) I , \-e-- t t S e.-`(ZY W ►1 U S , per my selection above, intend to separate or retire from the City of National City (City) on or before June 28, 2011. 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 crimination in Employment Act (ADEA), I allowed forty-five (45) days from March 30, 2011 within which to consider and submit this application. However, I may voluntarily elect to submit my application earlier than forty five (45) days. AA----Ifthe City accepts my application for voluntary separation or retirement, I will be required to g a Separation Agreement and Release of All Claims. Failure or refusal to sign the Separation A reement and Release of All Claims will result in the denial of my application. —Applications will be reviewed on a first come first serve basis, subject to City Manager and y Council approval. I am responsible for and will be assessed all applicable taxes associated with a cash stnbution through the Voluntary Separation Program. The deadline to apply for participation in these programs is May 19, 2011. ,,,;And n:rv, rnn, i�ni xi nti•sa. CDTi? pl__"1f my application is approved, I must retire or separate from the City on or before June 28, . I understand that this program is contingent upon City Council approval. City Council action is ticipated to occur on April 19, 2010. Any retirement prior to City Council approval is done at my sole risk with the knowledge that the program may not be approved. In the event the City Council does not approve the program, the purchase of two additional years of service credit would not occur and any retirement taken prior to a Council decision would be limited to the service credits I have already accrued without the inclusion of two additional years of service credits. c-3 P eva ue-7 Print Name Date 1�ff Department THIS APPLICATION FOR SEPARATION OR RETIREMENT MUST BE RECEIVED BY HUMAN RESOURCES NO LATER THAN 6:00 P.M. ON MAY 19, 2011 RESOLUTION NO. 2011 — 94 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 EXECUTIVE AND MANAGEMENT EMPLOYEE CLASSIFICATIONS OF THE CITY (EXCLUDING PUBLIC SAFETY COMMAND CLASSIFICATIONS) EFFECTIVE MARCH 30, 2011, INCLUDING A DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT UNDER THE PROVISIONS OF GOVERNMENT CODE SECTION 20903, WITH THE DISCLOSURE OF THE COSTS TO PROVIDE THIS BENEFIT IN COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 WHEREAS, on June 8, 2010, as part of a comprehensive package to address the City's budget constraints, the City Council approved the initiation of an Employee Voluntary Separation Program (the "Program") through which employees had the option of resigning or retiring from the City during a specified time period in return for a modest economic benefit; and WHEREAS, the City Manager desires to implement a second round of the Program, this time targeted to specific job classifications that will result in further savings to the City through additional mergers and consolidation of divisions and departments; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to implement a second incentive -based Employee Voluntary Separation Program for eligible executive and management employees classifications (excluding public safety command classifications), effective March 30, 2011, described generally as follows: A. RETIREMENT INCENTIVE PROGRAM Any eligible employee, approved by the City Manager, to voluntarily retire from the City between March 31, 2011 and June 28, 2011 shall receive two additional years of service credit with the California Public Employee Retirement System (CalPERS). 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 CaIPERS within the defined window period. B. VOLUNTARY SEPARATION PROGRAM Any employee who is approved to voluntarily resign from the City between March 31, 2011 and June 28, 2011 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. --- Signature Page to Follow --- Resolution No. 2011 — 94 Page 2 PASSED and ADOPTED this 19th day of April, 2011. ATTEST: Michael R. Dalla,kCity Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on April 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, 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. 2011-94 of the City of National City, California, passed and adopted by the Council of said City on April 19, 2011. erk of the City if f National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 19, 2011 AGENDA ITEM NO. ir9 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 executive and management employee classifications of the City of National City (excluding public safety command classifications), effective March 30, 2011, including a designated period for two years additional service credit under the provisions Government Code Section 20903, with the disclosure of the costs to provide this benefit in compliance with Government Code Section 7507. PREPARED BY: Stacey Stevenson DEPARTMENT: H PHONE: 336-4308 APPROVED BY: EXPLANATION: See Attached Staff Report FINANCIAL STATEMENT: APPROVED: p A Finance ACCOUNT NO. APPROVED: MIS To fund the FY 2010-2011 estimated cost of the Voluntary Separation Program for executive and management employee classifications, we will need to transfer $298,600 from the General Fund Accrued Benefits Reserve to the Personnel Compensation Fund. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Itaff report Resolution