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HomeMy WebLinkAbout2015 CON Jill Branch - Settlement AgreementAGREEMENT ANI) GENERAL RELEASE This Agreement and General Release of Claims ("Agreement") is made and entered into by and between the CITY OF NATIONAL CITY ("Employer") and JILL BRANCH ("Employee") (collectively'rreferred to as "Parties"), and is made in light of the following: RECITALS 1. Employee resigned her employment as Dispatcher with the City of National City Police Department on April 24,2015 and Employer has accepted her resignation. 2. The Parties have agreed to settle any and all disputes, now in existence or arising in the future, between Employer and Employee, regarding the employment and resignation from employment of Employee.. 3. This Agreement and compliance with this Agreement shall not constitute an .admission by the Employer of any liability- whatsoever, or that the Employer has acted wrongfully in regard to Employee or that Employee has any rights whatsoever against Employer or its current and former City Council members, administrators, officers, employees, agents, or attorneys. Employer specifically disclaims any 'liability to, or wrongful acts against, Employee or any other person. AGREEMENT 4. Employee Agrees that she has not and will not file any complaints, claims, charges, grievances, or lawsuits at any time hereinafter with Employer, with any governmental agency or with any court arising out of her employment with Employer, provided, however, she shall. not. be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing her rights under this Agreement, or as otherwise required by law. 5. In consideration of this Agreement, Employer agrees that Employee shall be compensated with severance pay of a total of Twelve Thousand Dollars ($12,000), by check sent to her attorney, Hans Gienapp, within ten days after the effective date of this Agreement as set forth below. A 1099 Form shall be issued to Employee for this amount. Employee agrees to indemnify and hold. Employer harmless for any responsibility, including, but not limited to, any claims or actions concerning or resulting from taxes due and owing as a result of receipt of these payments or failure to treat any sum provided under this Agreement as taxable income. Employee shall not be entitled to any medical or other insurance, retirement, or other Employer -provided benefits. This in no way affects Employee's right to earned and accrued Ca1PERS' benefits or her rights to purchase medical benefits through COBRA. Employer agrees that it will not contest any claim for unemployment benefits filed by Employee with the California Employment Development.Department. 6. Employee agrees that she will keep The terms of this Agreement confidential and that she will not disclose the terms of this Agreement to any other person, entity,,or organization, except as necessary for the enforcement or compliance with this Agreement and, if compelled, pursuant to a lawful subpoena. The Parties acknowledge that Employer is a public entity and this Agreement and its 6016.1.00001\10956021, I terms are, of public record within. the meaning of the California Public Records Act, and therefore;, Employer will, upon request, release the Agreement and/or its terms. 7. Employee agrees that all employment reference checks initiated by her or at her request will be directed to Stacey Stevenson, Director of 'Human Resources, City of National City, or to her successor, who will state the dates of her employment, the position held.. However, in the event the City is requested to provide information to another law enforcement agency as part of a background check, it will answer truthfully, including that Employee resigned. 8. Employee agrees not to make any negative comments about Employer, its Council members, officers, employees, agents, and attorneys, or director. counsel' any other individual to do so. 9.. Employee, on behalf of herself, her relatives, heirs, estate, executors; administrators, successors and assigns,. fully releases and discharges Employer and, its current and foriner Council members, officers, employees, agents and attorneys, from all actions, causes of action, claims, judgments,, obligations, damages, and liabilities of whatsoever kind and character, including, but not, limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to Employee's employment with,Employer, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or irnplied; any' tort; any federal,. state, or local law,' statute or regulation based on or related to the Age Discrimination in Employment Act (29 U.S.C. §§ 621-634), Americans with Disabilities Act (42 U.S.C. §§ 12101-12213); the Federal Family Medical Leave Act (29 U.S.C. §§; 26.01-2654); the California Family Rights Act (Gov. Code §§ 12945.1-12945.2); Title VII, Civil Rights Act of 1964.(42 U S.G. §§ 2000-2000 (e)-1-17); and the. 'California Fair Employment and Housing Act (Gov. Code §§: 1.2900-12996) through the date of execution of this Agreement. Further, Employee represents and warrants that she has not filed any complaints, charges, grievances or lawsuits against Employer with any governmental agency arising out of her employment with Employer and that she will not do so' at any time hereinafter; provided, however that. Employee is not precluded from pursuing claims for the sole purpose of enforcing her rights under this Agreement, or as otherwise required by law, Further, Employee agrees that under this Agreement, she waives any claim for damages incurred at any time after the date of this Agreement because of alleged continuing effects of any alleged unlawful acts or omissions involving Employee's employment with Employer and any right to sue for injunctive relief against the alleged continuing effects of alleged acts or omissions. 10. In consideration of the promises of Employer contained in this Agreement, Employee agrees that by signing this Agreement she represents that she has not filed and gives up any and all rights she may have to file a grievance, claim, or complaint of any kind against Employer arising from her employment and resignation of employment, except as may be necessary to enforce 'the terms of this Agreement, or for workers' 'compensation. or unemployment insurance benefits. 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 waives all rights. under California Civil Code' Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in ,his or her favor at the tiine of executing the release, which if known by him or her must have materially affected his or her settlement'with the debtor." -2- 60161,00001 \I0956021.1 11. Employee represents and agrees that she has been advised to discuss this Agreement with an attorney, that she has carefully read and fully understands all provisions of this Agreement, that she is voluntarily entering into this Agreement and that she has the capacity to enter into this Agreement. 12. Employee represents and acknowledges -that in executing this Agreement that she does not rely and has not relied upon any representation or statement not set forth herein made. by any of the Parties or any of the Parties' agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. 13. Employee and Employer have not relied on. any representations, promises, or agreements other than those set forth in this written Agreement; this written Agreement is the full and final expression of negotiations between Employer and Employee, and the Agreement may only by amended in writing signed by both Employee and Employer. 14. This Agreement sets forth the entire Agreement between the Parties hereto and fully supersedes any and all prior agreements or understandings between the Parties hereto pertaining to the subject matter hereof. .15. The Parties agree that should .any provision of this Agreement be declared illegal or invalid by decision of any •court of law or administrative agency, all. other severable provisions of this Agreement shall nevertheless remain in full force and effect. The Parties acknowledge that the payriient provided for in this Agreement is not severable from the release and waiver provisions of this Agreement. 16. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced and governed by and under the laws of the State of California. The language of all parts of this Agreement shall in all cases be construed. as a whole, according to its fair meaning, and not strictly for or against either party. The Parties hereby submit themselves to, the Courts of California in and for the County of San Diego for the purpose of enforcing this Agreement. 17. The Parties agree that the Recitals to this Agreement are true and correct and are incorporated into this Agreement as if set forth here. 18. Should it be necessary for either party to commence litigation to enforce any provisions of this Agreement, the prevailing party therein shallbe entitled, not by way of limitation, to reasonable attorneys' feesand costs incurred in the enforcement of any provision herein. 19. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and all such counterparts together shall constitute one and the same Agreement. _ 20. The Parties shall bear their own attorneys' fees and costs with respect to the matters resolved hereby. 21. This Agreement shall be effective on the date after the expiration of the seven-day revocation period referenced in Paragraph 22 below. -3- 601.61.00001 \I 0956021.1 .22. EMPLOYEE REPRESENTS THAT SHE HAS CAREFULLY READ THIS AGREEMENT AND KNOWS ITS CONTENTS AND FULLY UNDERSTANDS IT; THAT SHE, HAS HAD THE OPPORTUNITY T() HAVE IT FULLY EXPLAINED TO HER BY AN ATTORNEY OF HER CHOICE AND HAS EITHER DISCUSSED THIS AGREEMENT WITH AN ATTORNEY OR HAS VOLUNTARILY CHOSEN TO SIGN IT WITHOUT CONSULTING AN ATTORNEY; THAT SHE FULLY 'UNDERSTANDS ITS FINAL AND BINDING EFFECT; THAT THE ONLY PROMISES MADE TO HER TO SIGN THIS AGREEMENT ARE THOSE STATED ABOVE; AND THAT SHE IS SIGNING IT VOLUNTARILY. EMPLOYEE HAS BEEN GIVEN AT LEAST TWENTY-ONE (21) DAYS TO CONSIDER THIS AGREEMENT AND UNDERSTANDS THAT AFTER IT IS SIGNED, SHE MAY REVOKE THIS AGREEMENT BY DELIVERING A WRITTEN NOTICE OF REVOCATION TO STACY STEVENSON, CITY OF NATIONAL CITY DIRECTOR OF HUMAN RESOURCES., 140 F. 12TH STREET, SUITE 5,, NATIONAL CITY, CALIFORNIA 91950,, NO LATER THAN SEVEN (7) DAYS AFTER SHE EXECUTES THIS AGREEMENT, AND THAT THIS AGREEMENT DOES NOT BECOME EFFECTIVE OR UNENFORCEABLE UNTIL AFTER THE SEVEN (7) DAY PERIOD HAS EXPIRED. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE SEVEN (7) DAYS AFTER THE DATE IT IS SIGNED BY EMPLOYEE. Dated: 7 ' / i Jill Branclf/Z Dated: (11.1A5 �—I ►L 60161.00001 \10956021.1 Leslie Deese. City Manager City of National City Hans Gienapp, Esq. July 13, 2015 Page 2 IN FULL AND COMPLETE SETTLEMENT OF THE ABOVE -REFERENCED. MATTER THIS IS TO ACKNOWLEDGE RECEIPT OF THE FOLLOWING CHECK FROM THE CITY OF NATIONAL CITY: 1.. CHECK NO. 318529 PAYABLE TO JILL BRANCH IN THE AIVIOUNT OF $12,000.00. By: 60.161.00001\12379958.1