R 5031 RESOLUTION NO. 5031
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPOINTING WHITNEY
MCDONALD AS CITY MANAGER FOR THE CITY OF
ARROYO GRANDE AND AUTHORIZING THE MAYOR
TO EXECUTE THE EMPLOYMENT AGREEMENT
WHEREAS, the City of Arroyo Grande ("City") is a general law city with a Council-
Manager form of government; and
WHEREAS, the City Council appoints the City Manager in accordance with Section
2.08.050 of the Arroyo Grande Municipal Code; and
WHEREAS, the City Council desired to retain a new City Manager; and
WHEREAS, on August 11, 2020 the City Council met in closed session and directed the
City Attorney to negotiate an employment agreement with Whitney McDonald for the City
Manager position; and
WHEREAS, the negotiations resulted in an agreement as to the terms and conditions of
employment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
that Whitney McDonald is appointed to serve as the City Manager for the City of Arroyo
Grande and the Mayor is authorized, on behalf of the City Council, to execute the City
Manager Employment Agreement, a copy of which is attached as Exhibit A, setting forth
the terms and conditions of employment for Whitney McDonald.
On motion by Council Member Storton, seconded by Council Member George, and on
the following roll call vote, to wit:
AYES: Council Members Storton, George, Barneich, Paulding, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 8th day of September, 2020.
RESOLUTION NO.503(
PAGE 2
au.
CAREN RAY- ' USSOM, MAYOR
ATTEST:
/ Latal)M
KELLY WT +RE, CITY CLERK
APPROVED AS TO CONTENT:
BILL ROBESON, ACTING CITY MANAGER,
APPROVED AS TO FORM:
f
TIMOTHY J. CARMEL, CITY ATTORNEY
EXHIBIT A
CITY MANAGER EMPLOYMENT AGREEMENT
Between the City of Arroyo Grande
and Whitney McDonald
1. Employment:
This City Manager Employment Agreement (Agreement) is effective as of September 4,
2020 by and between the CITY OF ARROYO GRANDE (City), a municipal corporation of the
State of California, and Whitney McDonald (Manager), an individual. Under this Agreement, the
City offers, and Manager accepts, employment as City Manager of the City.
2. Duties:
Manager shall be the chief executive officer of the City and perform those duties as set
forth in the Arroyo Grande Municipal Code (Municipal Code), Chapter 2.08 and those
responsibilities that are commonly assigned to a city manager of a city in California. Manager
shall perform such other legally permissible and proper duties and functions appropriate to and
consistent with the professional role and responsibilities of City Manager, as the City Council shall
from time to time assign.
A. Manager shall administer and enforce policies established by the City Council and
promulgate rules and regulations as necessary to implement City Council policies.
B. Direct the work of all appointive City Officers and departments that are the concern
and responsibility of the City Council, except those that are directly appointed by or report directly
to the City Council.
C. Recommend to the City Council, from time to time, adoption of such measures as
Manager may deem necessary or expedient for the health, safety, or welfare of the community or
for the improvement of administrative services.
D. Evaluate administrative practices that may result in greater operational
effectiveness or economy in City government, and develop and recommend to the City Council
long range plans to improve City operations and prepare for the City's growth and development.
E. Provide for management, development and training, and develop leadership
qualities as necessary to insure the highest standards of managerial practices.
F. The Manager shall act in the City's best interests at all times and perform
Manager's duties in a competent and professional manner. Furthermore, as the City's highest
officer, Manager shall endeavor at all times to exercise the highest degree of integrity, committing
to comply with the International City/County Managers Association (ICMA) Code of Ethics and
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shall not engage in any conduct or activities, on-or off-duty,that reflect discredit or bring disrepute
on the City or impair its efficient and effective operation.
G. The Manager is exempt from the overtime provisions of the Fair Labor and
Standards Act, as amended, but is expected to engage in those hours of work that are necessary
to fulfill the obligations of the Manager.
3. Devotion to City Business:
The Manager position is considered a full-time position. Therefore, the Manager shall not
engage in any outside business, educational, professional, charitable, or other activities, whether
for compensation or otherwise, that would conflict or materially interfere with performance of City
Manager duties, without written prior approval by the City Council.
4. Hours of Work:
Manager's position is full-time with a work schedule generally consistent with the normal
business hours adopted by the City and those necessary to fulfill the obligations of the City
Manager, including being available to attend all necessary meetings during evenings and
weekends. In recognition of the amount of work time required outside of regular business hours,
it is agreed the Manager does not have a fixed schedule and the Manager will have the discretion
to work as needed to accomplish the duties and responsibilities assigned to Manager.
5. Term:
Manager's employment will commence September 8, 2020 and shall continue until
terminated as provided herein.
6. Compensation:
A. Manager's initial annual base salary shall be $189,948 (Base Salary). Said amount
shall be payable in installments at the same time and in the same manner as other employees of
the City are paid.
B. Manager shall be entitled to receive cost-of-living adjustments or any similar
across-the-board increases that the City Council determines, in its discretion, to approve for all
management employees.
C. Manager's Base Salary increases approved by the City Council from time to time
pursuant to this Agreement shall not require an amendment to this Agreement to be effective.
Such may be set forth in an annual salary resolution or minute action approved by the City Council
and ratified by resolution.
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Employment Agreement City of Arroyo Grande and Whitney McDonald
D. If the City reduces the Base Salary or any other financial benefit of the Manager in
a percentage that is greater than the average reduction of all department directors, without the
approval of the Manager, such action shall, at Manager's election, constitute a termination of this
Agreement without Cause under Section 19 of this Agreement, and Manager shall be entitled to
Severance.
7. Annual Evaluation:
A. City shall initially review the performance of Manager within six months following
the start date of Manager and shall thereafter meet annually in to review the
Manager's performance. The annual performance evaluation will include the preparation of a
written evaluation, which will be provided to the Manager within thirty (30) days of the evaluation
meeting.
B. Salary increases to the Base Salary will be considered, at the sole discretion of the
City, as part of the initial and annual evaluations.
8. Deferred Compensation and Additional Benefits:
As part of Manager's annual compensation, City agrees to provide a Section 457 deferred
compensation program and to pay into such program for Manager's benefit, Two Thousand, Two
Hundred dollars ($2,200.00) annually, payments to be equally divided in each pay period. City
shall further provide additional benefits at the Director level in accordance with the adopted annual
Resolution establishing wages and benefits for management employees.
9. Pension:
Manager is enrolled as a member of the Public Employees Retirement System (PERS)
and is responsible for paying the full employee portion of PERS.
10. Health and Medical Benefits Insurance:
City shall provide Manager with the same health plans (medical, dental, and vision)which
are provided to other City employees, and shall pay that portion of the employee and dependent
rate or premium as is determined by the City Council for all management employees.
11. Life Insurance:
The City agrees to pay for a term life insurance policy in the face amount of One Hundred
Fifty Thousand Dollars ($150,000.00) on Manager's life with a carrier selected by the City.
Manager shall designate the beneficiaries of the policy. Manager shall also be entitled to
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Employment Agreement City of Arroyo Grande and Whitney McDonald
participate in any group life or disability insurance programs approved by the City Council for all
management employees.
12. Physical Examination:
Each calendar year, City shall provide Manager with an executive physical examination,
at a cost not to exceed One Thousand Dollars ($1,000.00) by a qualified physician or medical
facility, of Manager's choice, within reasonable proximity to City.
13. Car Allowance:
Manager's duties require Manager to be available and to respond to the demands of City
business at all times and outside of regular business hours, including weekends. City shall pay
Manager Four Hundred Dollars ($400.00) monthly in compensation for the use and maintenance
of Manager's personal vehicle on City business. The car allowance is subject to federal and State
income tax provisions for salary purposes. Manager shall not receive further reimbursement for
travel mileage within a fifty (50) mile radius of the City; for any required travel mileage outside the
fifty (50) mile radius, Manager shall be reimbursed at the current allowable IRS rate.
14. Equipment:
A. City shall pay Manager a monthly cellular phone allowance in compliance with
Administrative Policy#A-007.
B. City shall provide the Manager a portable note pad style computer, consistent with
the City standard, in addition to the desk top computer installed in the Manager's office.
15. Business and Professional Expenses:
A. City recognizes that Manager may incur expenses of a non-personal, job-related
nature that are reasonably necessary to Manager's service to City. City agrees to either pay such
expenses in advance or to reimburse the expenses, so long as the expenses are incurred and
submitted according to City's normal expense reimbursement procedures or such other procedure
as may be designated by the City Council. To be eligible for reimbursement, all expenses must
be set forth and approved by City Council in the City's budget, supported by documentation
meeting City's normal requirements and must be submitted within time limits established by City.
B. City agrees to pay the professional dues and subscriptions on behalf of Manager
which are necessary for Manager's continuation or full participation in international, national,
regional, state, or local associations and organizations necessary and desirable for Manager's
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Employment Agreement City of Arroyo Grande and Whitney McDonald
continued professional participation, growth and advancement, or for the good of the City, in an
amount set forth and approved by City Council in the City's budget.
C. City agrees to pay Manager's travel and subsistence expenses for official travel,
meetings, and occasions reasonably necessary to continue Manager's professional development,
and for Manager's reasonable participation in necessary official and other functions for the City;
including, but not limited to, national, regional, State, and local conferences, and governmental
groups and committees on which Manager serves as a member. Notwithstanding the above, the
number of conferences or meetings City will pay for each year, and attendance at out-of-state
conferences and meetings, shall be at the discretion of the City Council as set forth in the City's
budget.
16. Annual Leave:
Manager shall accrue Annual Leave at the rate of thirty three (33) paid days each year, in
addition to recognized City holidays. The maximum accrual and accumulation rates shall be in
accordance with the Management Wage and Benefit Resolution. Upon termination or resignation,
Manager shall be paid for all accrued and unused Annual Leave at an hourly rate equivalent to
Manager's annual salary at the time of termination or resignation. In addition, the Manager will be
granted 136 hours of leave bank upon employment, and an annual allotment of 80 hours of leave
bank each year thereafter on July 1. Of the 136 hours, 56 hours will be considered an advance
on hours accrued and 80 hours will be designated as a starting balance.
17. Other Benefits:
The Manager will receive all benefits as set forth in the Management Wage and Benefit
Resolution.
18. Termination of Employment and this Agreement; General Release; Severance:
A. It is understood and agreed that this "at-will" employment relationship as provided
in Government Code Section 36506 and Agreement may be terminated by the City Council at any
time, with or without notice, as determined by the affirmative votes of a majority of the members
of the City Council at a meeting of the City Council. In the event of such termination, the City
agrees to pay Manager a severance payment equal to: (1) a lump sum benefit equal to six (6)
months of Manager's then Base Salary at the time of separation, and(2) a lump sum benefit equal
to six (6) months of health (medical, dental, and vision) benefits at the value of the City's
contribution rate at the time of separation for the benefit plans in which Manager and Manager's
dependents are then enrolled. This payment is subject to the following:
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Employment Agreement City of Arroyo Grande and Whitney McDonald
1. Upon Manager's execution of the "General Release Agreement"
referenced in Exhibit A of this Agreement, Severance Pay shall be payable
in lump sum pursuant to the terms of said Agreement.
2. Manager agrees and understands that acceptance of the City's offer of
Severance Pay at the time Manager's at-will employment is terminated by
the City Council is pursuant to the execution of the "Genral Release
Agreement" identified in Exhibit A of this Agreement and shall constitute
liquidated damages and Manager's sole and exclusive remedy for any
termination of this Agreement by the City Council as noticed in said
Agreement.
3. In the event Manager voluntarily terminates Manager's position with City,
no severance pay shall be payable to Manager.
4. In the event City terminates Manager's at-will status after Manager
engages in the following conduct, City shall have no obligation to pay the
aggregate severance pay designated in the above paragraphs:
(a) A material breach of the terms of this agreement;
(b) Conviction of, or plea of guilty or nolo contendre to any crime or
offense (other than minor traffic violations or similar offenses)which
is likely to have a material adverse impact on the performance of
Manager's duties or on the City or the Manager's reputation;
(c) Proven failure of the Manager to observe or perform any of
Manager's duties and obligations, if that failure continues for a
period of thirty (30) business days from the date of Manager's
receipt of notice from the City Council specifying the acts or
omissions deemed to amount to that failure;
(d) Conviction of any crime involving an "abuse of office or position," as
that term is defined in Government Code Section 53243.4;
(e) Repeated failure to carry out a directive or directives of the City
Council made by the City Council as a body at a Brown Act-
compliant meeting;
(f) Any grossly negligent action or inaction by Manager that materially
and adversely: (a) impedes or disrupts the operations of City or its
organizational units; (b) is detrimental to employees or public
safety; or (c) violates City's properly-established rules or
procedures; and
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Employment Agreement City of Arroyo Grande and Whitney McDonald
(g) Conduct unbecoming the position of City Manager or likely to bring
discredit or embarrassment to the City.
B. In no event may Manager be terminated within ninety (90) days before or after any
municipal election for the selection or recall of one or more of the members of the City Council,
except by a unanimous vote of the members of the City Council.
C. If, during the Term or any extended Term, Manager dies, Manager's estate shall
receive Accrued Salary and Benefits, but shall not be entitled to any additional compensation or
payment, including Severance.
D. In the event Manager is permanently disabled or is otherwise unable to perform
Manager's duties because of sickness, accident, injury, or mental incapacity for a period of six (6)
consecutive months, the City may terminate Manager's employment and this Agreement.
Manager shall receive Accrued Salary and Benefits, but shall not be entitled to additional
compensation or payment, including severance.
E. Manager may resign from Manager's employment at any time, upon giving forty-
five (45) days written notice to the City Council. If Manager resigns from employment, Manager
shall not be entitled to any additional compensation or payment, including Severance, but shall
be entitled only to Accrued Salary and Benefits.
19. California Joint Powers Insurance Authority Provisions
Manager hereby knowingly waives any and all rights Manager may have pursuant to the
provisions of the California Joint Powers Insurance Authority (CJPIA) 2020-2021 Memorandum
of Liability Coverage, titled "Chief Executive Separation Payment."
20. Abuse of Office or Position:
Notwithstanding anything to the contrary in this subsection, pursuant to the requirements
set forth in Government Code Section 53243.2, if Manager is convicted of a crime involving an
abuse of Manager's office or position, all of the following shall apply: (a) if Manager is provided
with administrative leave pay pending an investigation, Manager shall be required to fully
reimburse City such amounts paid; (b)if City pays for the criminal legal defense of Manager(which
would be in its sole discretion, as it is generally not obligated to pay for a criminal defense),
Manager shall be required to fully reimburse City such amounts paid; and (c) if this Agreement is
terminated, any Severance Pay and Severance Benefits related to the termination that Manager
may receive from City shall be fully reimbursed to City or shall be void if not yet paid to Manager,
For purposes of this Section, abuse of office or position means either: (i) an abuse of public
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Employment Agreement City of Arroyo Grande and Whitney McDonald
authority, including, but not limited to, waste, fraud, and violation of the law under color of
authority; or(ii) a crime against public justice.
21. Enforcement of this Agreement:
The prevailing party in any action brought to enforce this Agreement or to resolve any
dispute or controversy arising under its terms and conditions shall be entitled to payment of
reasonable attorneys'fees and costs.
22. Indemnification:
Consistent with the California Government Code, City shall defend, hold harmless, and
indemnify Manager using legal counsel of City's choosing, against expense or legal liability for
acts or omissions by Manager occurring within the course and scope of Manager's employment
under this Agreement. Legal representation, provided by City for City Manager, shall extend until
a final determination of the issues including any and all losses, damages, judgments, interest,
settlements, fines, court costs, and the reasonable costs and expenses of legal proceedings,
including appeals, and including attorneys' fees, and expert witness fees and all other trial and
appellate costs, and other liabilities incurred, imposed upon, or suffered by Manager in connection
with or resulting from any claim, action, suit, or proceeding, actual or threatened.
23. Notices:
Any notices to be given hereunder by either party to the other in writing may be effected
either by personal delivery, mail, or email. Mailed notices shall be addressed to the parties as set
forth below, but each party may change their address by written notice given in accordance with
this Section. Notices delivered personally or by email will be deemed communicated as of actual
receipt. Mailed notices will be deemed communicated and received as of three (3) calendar days
following the date of mailing.
CITY: City of Arroyo Grande
Attention: Mayor
300 E. Branch St.
Arroyo Grande, CA 93420
MANAGER: Whitney McDonald
Templeton, CA 93465
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Employment Agreement City of Arroyo Grande and Whitney McDonald
24. Conflict with Municipal Code:
The City personnel ordinances, resolutions, rules and policies shall apply to Manager in
the same manner as applied to other management employees, provided, however, in the event
of a conflict between the provisions of this Agreement and the Municipal Code, the Municipal
Code shall prevail over this Agreement.
25. Entire Agreement:
This Agreement represents the entire and fully integrated agreement between the parties
and supersedes any and all other agreements, either oral or in writing, between the parties with
respect to the employment of Manager by City, and contains all of the covenants and agreements
between the parties with respect to that employment. Each party to this Agreement acknowledges
that no representations, inducements, promises, or agreements, oral or otherwise, have been
made by either party, or by anyone acting on behalf of either party,which are not embodied herein,
and that no other employment agreement, statement, or promise not contained in this Agreement
shall be valid or binding upon either party.
26. Modifications:
Any modifications to this Agreement shall be effective only if in writing and signed by both
of the parties hereto.
27. Effect of Waiver:
The failure of either party to insist upon strict compliance with any of the terms, covenants,
or conditions of this Agreement by the other party shall not be deemed a waiver of that term,
covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one
time or times be deemed a waiver or relinquishment of that right or power for all or any other
times.
28. Partial Invalidity:
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions shall be deemed severable and continue in full
force without being impaired or invalidated in any way.
29. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action to interpret or enforce the terms of this Agreement shall be held
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Employment Agreement City of Arroyo Grande and Whitney McDonald
exclusively in a State court in San Luis Obispo County, California. Manager expressly waives
any right to remove such action from San Luis Obispo County.
This Agreement is entered into this 8th day of September, 2020.
CITY OF ARROYO GRANDE: MANAGER:
By:
Caren Ray Russom, Mayor Whitney McDonald
Attest:
Kelly Wetmore, City Clerk
Approved as to Form:
Timothy J. Carmel, City Attorney
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Employment Agreement City of Arroyo Grande and Whitney McDonald
EXHIBIT A
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered into by and between
("Employee") and CITY OF ARROYO GRANDE ("City"), in light of the
following facts:
A. Separation of Employment. The parties acknowledge that pursuant to Section
19 ("Severance Pay") of the Employment Agreement for Employee, ("Employment Agreement"),
the City terminated Employee from Employee's at-will employment as of
("Separation Date"). Pursuant to Sections 18 and 19 of the Employment Agreement, Employee
has voluntarily agreed to accept the following severance payment from the City in consideration
of the terms of this Agreement.
B. Severance Payment. Employee acknowledges that the City has no prior
obligation to provide Employee with any severance benefits. However, pursuant to Sections 19
and 20 of the Employment Agreement,and as consideration for this Agreement and the conditions
set forth herein, the City agrees to provide the Employee the following benefits (collectively, "the
Severance Payment"):
1. [Insert:Number] months' severance pay at Employee's current rate of pay
in the amount of[insert written dollar amount]dollars and [insert written
cents amount] cents ($XX,XXX.XX), less applicable payroll tax
withholdings and deductions, in one lump sum payment; and
The Separation Payment shall be made within ten (10) days after Employee executes this
Agreement or on the Separation Date, whichever is later, and only if Employee has not exercised
Employee's right of revocation under section K.
C. Payment for Earned Compensation. Regardless of whether Employee executes
this Agreement, Employee acknowledges that Employee has been paid for all salary, unused
vacation or other benefits, if any, earned by Employee up to and including the Separation Date.
D. Release of Claims and Parties. As consideration for the Separation Payment
and agreements described above, Employee on behalf of Employee, Employee's heirs,
representatives, successors, and assigns, hereby irrevocably and unconditionally waives,
releases and forever discharges the City and/or any of its members of the City Council, officers,
deputies, employees, agents, servants, representatives, successors, assigns, predecessors,
divisions, branches, or attorneys, and all persons acting by, through, under or in concert with the
City, past or present (collectively "Released Parties"), and each and all of them, from any and all
charges, complaints, lawsuits, claims, liabilities, claims for relief, obligations, promises,
agreements, contracts, interests, controversies, injuries, damages, actions, causes of action,
suits, rights, demands, costs, losses, debts, liens, judgments, indebtedness, and expenses
(including attorneys' fees, interest, expenses, and costs actually incurred), of any nature
whatsoever, whether in law or in equity, KNOWN OR UNKNOWN, suspected or unsuspected,
actual or potential (hereinafter referred to as"claim" or"claims")which Employee at any time had
or claimed to have, or which Employee may have or claim to have regarding any and all facts and
circumstances that have occurred as of the date of this Agreement, including, without limitation,
any and all claims related or in any manner incidental to Employee's employment with the City
and Employee's separation from employment with the City. It is expressly understood by
Employee that among the various rights and claims being waived by Employee in this release are
those arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. §621, et. seq.).
E. Section 1542 Waiver. The matters specifically released and dismissed by this
Agreement shall include, but are not necessarily limited to, all claims and causes of action which
Employee has against the City and/or any of the Released Parties arising on or before the date
that this Agreement is executed, and ANY OTHER CLAIM OF ANY TYPE WHATSOEVER
AGAINST THE CITY, AND/OR ANY OTHER RELEASED PARTY, WHETHER SUCH CLAIM IS
KNOWN OR UNKNOWN TO EMPLOYEE AND/OR EMPLOYEE'S REPRESENTATIVES AND
ATTORNEYS arising on or before the date that this Agreement is executed. As a further
consideration and inducement for this Agreement, to the extent permitted by law, Employee
hereby waives and releases any and all rights under Section 1542 of the California Civil Code or
any analogous state, local, or federal law, statute, rule, order or regulation, Employee has or may
have with respect to any claims against the City. California Civil Code 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."
Employee hereby expressly agrees that this Agreement shall extend and apply to all unknown,
unsuspected, and unanticipated claims, injuries, losses and damages as well as those that are
now known and/or disclosed.
F. Entire Agreement and Admissibility. This Agreement constitutes the complete
understanding between or among Employee on the one hand, and the City and any other
Released Party on the other hand, and supersedes any and all prior agreements,promises,
representations. or inducements, no matter their form, concerning the subiect matter of this
Agreement. The parties desire that this Agreement represents a single integrated contract
expressing the entire agreement of the parties with respect to matters set forth herein. No
promises, agreements, or modifications to this Agreement made subsequent to the execution of
this Agreement by these parties shall be binding unless reduced to writing and signed by
authorized representatives of these parties. The parties to this Agreement represent that this
Agreement may be used as evidence in any subsequent proceeding in which any of the parties
alleges a breach of this Agreement or seeks to enforce its terms, provisions or obligations.
G. Rearesentation by Counsel. Employee acknowledges that Employee is fully
aware of Employee's right to discuss any and all aspects of this matter with an attorney of
Employee's choice, that the City has advised Employee of that right, that Employee has carefully
read and fully understands the provisions of this Agreement and that Employee is voluntarily
entering into this Agreement.
H. Severability. Should any of the provisions or terms of this Agreement be
determined illegal, invalid, or unenforceable by any court or governmental agency of competent
jurisdiction, validity of the remaining parts, terms, or provisions, shall not be affected thereby and
said illegal, invalid, or unenforceable part, term, or provision shall be deemed not to be a part of
this Agreement.
I. Governing Law. This Agreement is made and entered into in the State of
California, and shall be governed, interpreted, and enforced under the laws of the State of
California. The parties agree that jurisdiction and/or venue of any action involving the validity,
interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or
claiming breach thereof, shall exist exclusively in a court or government agency located within the
County of San Luis Obispo, State of California. The parties further agree that this Agreement may
be used as evidence in any subsequent proceeding in which any of the parties allege a breach of
this Agreement or seeks to enforce its terms, conditions, provisions, or obligations.
J. Time for Acceptance of Agreement. Employee may accept this offer by signing
below no later than twenty-one (21) days from the day Employee receives it and by returning the
signed and dated Agreement to the City no later than the close of business on the twenty-first
(21st) day after the date Employee receives this offer.
K. Right of Revocation. This Agreement contains a waiver and release of all claims
that Employee may currently have under the Age Discrimination in Employment Act of 1967 (29
U.S.C. §621-634). Employee understands and agrees that Employee:
1. Has reviewed all aspects of this Agreement;
2. Has carefully read and fully understands all of the provisions of this
Agreement;
3. Has had a full twenty-one (21) days within which to consider this
Agreement before executing it;
4. Is, through this Agreement, releasing the City from any and all claims
Employee may have;
5. Knowingly and voluntarily agrees to all of the terms set forth in this
Agreement;
6. Knowingly and voluntarily intends to be legally bound by the terms set forth
in this Agreement;
7. Was advised, and by this Agreement is advised in writing, to consider the
terms of this Agreement and consult with Employee's attorney prior to
executing this Agreement;
8. Has a full seven (7) days following the execution of this Agreement to
revoke this Agreement and has been and is hereby advised in writing that
this Agreement shall not become effective or enforceable until the
revocation period has expired; and
9. Understands that rights or claims including those under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. §621-634) that may
arise after the date of this Agreement is executed are not waived.
PLEASE READ CAREFULLY. THIS SEPARATION AGREEMENT AND
RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS.
L. Fees and Costs. Manager and City agree that in the event of litigation relating to
this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and
costs.
M. California Joint Powers Insurance Authority. Employee hereby knowingly
waives any and all rights Employee may have pursuant to the provisions of the California Joint
Powers Insurance Authority (CJPIA) 2014-2015 Memorandum of Liability Coverage, titled "Chief
Executive Separation Payment."
Dated , 20_ CITY OF
By:
Dated: , 20_
Manager
APPROVED AS TO FORM:
By:
Date:
ATTEST:
By:
City Clerk
Date:
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5031 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 8th day of September, 2020.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
September, 2020.
(44
(lb 40W-e-
KELLY W M E, CITY CLERK
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