HomeMy WebLinkAboutC35651 City Manager Employment AgmtSTAFF REPORT
CITY OF PALM DESERT
ADMINISTRATIVE SERVICES DEPARTMENT
MEETING DATE: October 24, 2019
PREPARED BY: Lori Carney, Director of Administrative Services
REQUEST: Approve an amendment to renew the City Manager Employment
Agreement with Lauri Aylaian for services as the City of Palm Desert
City Manager for the term October 3, 2019 through March 1, 2023.
Recommendation
By Minute Motion: Approve an amendment to the City Manager Employment
Agreement, with Lauri Aylaian, Contract #C35650 (Exhibit A), for services as the
City of Palm Desert City Manager for the term October 3, 2019 through March 1,
2023.
Strateqic Plan Obiective
Approval of this employment agreement is not directly related to any Strategic Plan
Objective; however, competent city management is necessary to achieve all of them.
Executive Summarv:
Lauri Aylaian was appointed City Manager for the City of Palm Desert on October 3, 2016,
for a term expiring October 2, 2019. At its September 26, 2019, and October 10, 2019
meetings the Council met with Ms. Aylaian and their designated labor negotiator, Lori
Carney, in Closed Session, and directed staff to prepare an amendment to renew her
contract through March 1, 2023.
Staff presented for Council's consideration the attached salary survey, which compares
the direct compensation for City Managers in the Coachella Valley and comparator cities
used during the 2018 Classification and Compensation study.
A salary of $250,000 is being considered as part of this contract amendment. If approved,
this will put Ms. Ayalain's compensation near the average for the selected cities, and
below the 70th Percentile target used for the compensation study. If Palm Springs is
considered an outlier, and removed from the equation, the proposed salary still falls within
2% of average, and below the 70th Percentile.
Staff Report: Amendment to renew City Manager Employment Agreement
October 24, 2019
Page 2of2
This is the first amendment to the contract. In accordance with Council direction, the
amendment contains changes as follows:
Article 2: Term - amended to October 3, 2019 through March 1, 2023;
Article 3.1: Annual Salary - amended to $250,000 effective October 3, 2019;
v Article 3.8: Personal Time Off - amended to include three days (24 hours) of
Administrative Leave annually, no option to cash out any portion, "use it or lose it"
provision;
Fiscal Analvsis:
This contract amendment includes an increase in salary of $22,000 annually. The FY
19/20 budget was created based on the City Manager's prior contract; however, the City
Council took action in closed session directing staff to appropriate additional funds, if this
contract amendment is approved, for the any increased salary and affected benefits
incurred for the balance of this Fiscal Year.
LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER
REVIEW
72
Lori Carney
Robert W. Hargreaves Director of et Moore Lauri Aylaian
City Attorney Administrative Services Director of Finance City Manager
Attachments:
Contract C35650
Contract Amendment #1
City Manager Salary Survey October 2019
Contract # C35651
CITY OF PALM DESERT
FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT
This First Amendment ("First Amendment") to City Manager Employment Agreement
("Original Agreement") is entered into effective October 3, 2019 ("Effective Date") between the
City of Palm Desert ("City") and Lauri Aylaian ("City Manager"). City and City Manager are
sometimes referred to in this First Amendment as "Party" and collectively as "Parties".
RECITALS
WHEREAS, the Parties entered into the Original Agreement effective October 3, 2016,
the initial term of which expired October 2, 2019, and
WHEREAS, the Parties desire to extend the Original Agreement for an additional period
of more than three years, and modify the compensation and benefits as further described herein.
NOW, THEREFORE, the Parties hereby agree to amend the Original Agreement only as
follows:
2. Term & Renewal.
This Amended Agreement shall be deemed effective for an initial term beginning on
October 3, 2019 and continuing through March 1, 2023, unless sooner terminated or extended by
the Parties as set for in the Original Agreement.
3. Compensation.
3.1 Salary. The City Manager's annual base salary, commencing October 3, 2019,
shall be Two Hundred Fifty Thousand Dollars ($250,000.00), payable and eligible for
adjustments as provided in the Original Agreement.
3.9 [New section to be added]. Administrative Leave. On July 1 of each year, City
Manager shall receive twenty four (24) hours of Administrative Leave for that fiscal year. City
Manager shall not have the right to accrue Administrative Leave from year to year. On the
Effective Date of this Amended Agreement, City Manager shall accrue 18 hours of
Administrative Leave for the 2019-2020 fiscal year.
All other provisions of the Original Agreement shall remain the same.
72500.00001 \32377895.1
Contract # C35651
IN WITNESS WHEREOF, the parties have executed this First Amendment to City
Manager Employment Agreement on the day of October, 2019.
CITY MANAGER
Lauri Aylaian, City Manager
CITY OF PALM DESERT
Susan Marie Weber, Mayor
ATTEST:
Rachelle D. Klassen, City Clerk
APPROVED AS TO FORM:
Robert W. Hargreaves, City Attorney
72500.00001\32377895.1
3NTRACT NO. C35650
CITY OF PALM DESERT
CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement ("Agreement") is entered into as of
the 81h day of September (the "Effective Date"), between the City of Palm Desert
(hereinafter referred to as the "City") and Lauri Aylaian (hereinafter referred to as the
"City Manager" or the "Employee"). City and City Manager/Employee are sometimes
referred to in this Agreement as "Party" and collectively as "Parties."
RECITALS
WHEREAS, it is the desire of the City Council of the City to retain the services of
Employee as City Manager pursuant to the provisions of the City of Palm Desert
Municipal Code ("City Code"), and
WHEREAS, it is the desire of the City Council to provide certain benefits,
establish certain conditions of employment and to set certain working conditions of the
City Manager.
NOW, THEREFORE, the above named Parties hereby mutually agree and
promise as follows:
1. Duties, Acceptance of Appointment, Hours of Work, Regional Liaison.
1.1 Duties.
The City Manager shall perform those duties and have those
responsibilities that are commonly assigned to a city manager of a city in California,
and as may be further set forth in the City's Municipal Code. City Manager shall
perform such other legally permissible and proper duties and functions consistent with
the Office of the City Manager, as the City Council shall from time to time assign. It is
expected that City Manager shall abide by the ICMA Code of Ethics. City Manager is
encouraged to participate in community and civic affairs.
1.2 Acceptance of Appointment.
City Manager hereby accepts the appointment as City Manager of the City
of Palm Desert subject to all terms and conditions set forth in this Agreement.
1.3 Hours of Work.
It is recognized that City Manager devotes a great deal of time outside the
normal office hours -schedule, and to that end, she shall be allowed to establish an
appropriate work schedule recognizing that the City Manager should endeavor to be
available during regular City Hall hours.
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1.4 Devotion to City Business.
The City Manager's position is full-time. City Manager shall not engage
in any business, educational, professional, charitable, or other activities that would
conflict or materially interfere with performance of her City Manager duties, except as
may be specifically authorized by the City Council.
2. Term & Renewal.
This Agreement shall be deemed effective for an initial term beginning on
October 3, 2016 and continuing through October 2, 2019 ("Initial Term"), unless sooner
terminated or extended by the Parties as set forth in this Agreement.
In the event that the City Council determines that the Employee is not to be
reemployed upon expiration of the Initial Term of this Agreement, she shall be given
written notice thereof by the Council at least thirty (30) days in advance of the
expiration of the Initial Term of this Agreement. Should the written notice provided for
in this Section 2 not be given at least thirty (30) days prior, the Agreement shall be
extended on the same terms for an additional year. Subsequent terms shall have the
same notice and renewal requirements. Failure by the City Council to provide written
notice of intent not to reemploy at least thirty (30) days in advance of expiration shall
result in an additional year -long renewal.
3. Compensation.
3.1 Salary.
City agrees to pay City Manager, and City Manager agrees to accept from
City, as compensation for services rendered by City Manager pursuant to this
Agreement, an annual base salary, commencing on the October 3, in the amount of Two
Hundred Twenty Thousand Dollars ($220,000.00) (hereinafter "Annual Base Salary"),
payable in installment payments in the same manner and at the same times as salaries
of other executive managers of the City are paid.
Commencing October3, 2017 and each year thereafter, said Annual Base
Salary shall be eligible for adjustments subject to the same procedures by which the
salaries of other executive managers of City are adjusted for meritorious performance,
except that any such adjustments shall be at the sole discretion of the City Council.
The term "Annual Base Salary" as used in this Agreement shall also
include any cost of living adjustments approved by the City Council for other
management employees.
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3NTRACT NO. C35650
3.2 Health and Medical Benefits.
Except as provided for otherwise in this Agreement, City Manager shall
be entitled to receive all benefits, including opt -out provisions, provided to other City
executive management employees, as outlined the City's Flexible Benefit Plan.
3.3 Pension.
The City agrees to enroll the City Manager as a member of the California
Public Employees Retirement System (CaIPERS) in accordance with CaIPERS
regulations. The City Manager shall contribute eight percent (8%) of her salary towards
the "employee" share of the cost of the CaIPERS retirement benefit.
3.4 Retiree Medical.
The City Manager shall participate in the established Retiree Health
Savings Plan (RHSP) for the reimbursement of medical premiums and IRS approved
medical expenses in retirement, at the same level and under the same regulations as
other management employees hired after December 31, 2014.
3.5 Life and Long Term Disability Insurance.
City Manager shall also be entitled to participate in any group life or
disability insurance programs approved by the City for all employees; however such
coverage shall be limited to the first $200,000.00 of salary.
3.6 Technology Allowance.
The City shall pay the City Manager Forty Dollars ($40) per month for
usage of her personal cell phone, computer and computer -related equipment for City
business; or at City Manager's option, City shall provide City Manager with a city cell
phone for exclusive use in city -related business. City shall also provide City Manager a
laptop computer or similar device with necessary software for business use of City
Manager to perform her duties and to maintain communication with City's staff and
officials as well as other individuals doing business with the City. Upon termination of
City Manger's employment, the equipment described herein, except City Manager's
personal cell phone, shall be returned to the City.
3.7 Other Benefits.
In addition, and except as otherwise specified herein, City Manager shall
receive all such other benefits and compensation that are generally applicable to
executive managers of the City as of the date of this Agreement, as the same may be
modified from time to time after the date of this Agreement, including but not limited
to CaIPERS retirement benefits, long term disability insurance, holidays, administrative
leave, bereavement and family illness leave.
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3.8 Personal Time Off.
�NTRACT NO. C35650
In lieu of sick leave and vacation leave benefits otherwise provided under the
Municipal Code or personnel policies of the City, City Manager shall accrue "Personal
Time Off" ("PTO"). Upon commencement of employment, the City Manager shall have
sole access to a bank of eighty (80) hours of PTO. Additionally, the City Manager shall
accrue PTO at the rate of 9.23 hours per pay period for the first year of employment.
Commencing on the first anniversary of employment (Oct 3, 2017), and for each pay
period thereafter, City Manager shall accrue 12.30 hours of PTO. PTO shall accrue to a
maximum of 320 hours, at which time accrual shall cease until the balance of PTO falls
below 320 hours, at which time accrual shall recommence. Upon termination of
employment, City shall pay City Manager for any accrued PTO at her then applicable
pro-rata hourly rate. City Manager may schedule and use PTO in the same manner she
would otherwise schedule and use vacation or sick leave, including to cover all
absences contemplated by the Healthy Workplaces, Healthy Families Act (Paid Sick
Leave).
4. Performance Evaluation.
The Council shall review the City Manager's job performance at least once
annually. The City Manager shall remind the Council of its obligations under this
Section each year and shall work with the Council in finding an appropriate time to
place her annual evaluation on the agenda. The Council shall in writing and in
accordance with criteria established by the Council in consultation with the City
Manager, develop the annual performance reviews and evaluations. The Council shall
provide the City Manager a reasonable and adequate opportunity to discuss the City
Manager's evaluation with the Council.
The annual performance reviews and evaluations shall be reasonably related to
the City Manager's written job description and shall be based, in whole or in part, on
goals for the City Manager's performance that are jointly developed and adopted by the
Council and the City Manager.
5. Bonds.
City shall bear the full cost of any fidelity or other bonds required of City
Manager under any law or ordinance.
6. Vehicle.
City agrees to make available a city owned vehicle for her use for City business
as needed. The City shall reimburse the City Manager at the IRS standard mileage rate
for any business use of her personal vehicle.
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7. General Business Expenses.
7.1 City agrees to budget and pay for professional dues and subscriptions for
City Manager necessary for her continuation and participation in national, regional,
state and local boards, task -forces, conferences and meetings, associations and
organizations desirable for City Manager's continued participation, professional
growth, and advancement, and for the benefit of the City. At a minimum, such
professional dues shall include participation in the International City/County
Management Association (ICMA) and the California City Managers Foundation.
7.2 City agrees to budget and pay for travel expenses, in accordance with
existing policy, of City Manager for professional and official travel, board and task -
force meetings, conferences, and occasions to adequately continue the professional
development of City Manager and to pursue necessary official functions for City.
7.3 City recognizes that the City Manager may incur expenses of a non -
personal, job -related nature that are reasonably necessary to the City Manager's service
to the City. The City agrees to either pay such expenses in advance or to reimburse the
expenses, so long as the expenses are incurred and submitted in accordance with the
City's normal expenditure reimbursement procedures. To be eligible for
reimbursement, all expenses must be supported by documentation meeting the City's
normal requirements and must be submitted within time limits established by the City.
7.4 Notwithstanding the above, to the degree the City must make budget
reductions, appropriate reductions in General Business Expenses commensurate with
reductions in other citywide accounts may be made at the sole discretion of the City
Council.
8. Abuse of Office or Position.
Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if City
Manager is convicted of a crime involving an abuse of her office or position, all of the
following shall apply: (1) if Manager is provided with administrative leave pay
pending an investigation, City Manager shall be required to fully reimburse City such
amounts paid; (2) if City pays for the criminal legal defense of City Manager (which
would be in its sole discretion, as it is generally not obligated to pay for a criminal
defense), City Manager shall be required to fully reimburse City such amounts paid;
and (3) if this Agreement is terminated, any Severance Pay and Severance Benefits
related to the termination that City Manager may receive from City shall be fully
reimbursed to City or void if not yet paid to City Manager. For purposes of this Section,
abuse of office or position means either: (1) an abuse of public authority, including
waste, fraud, and violation of the law under color of authority; or (2) a crime against
public justice, including, but not limited to, a crime described in Title 7 (commencing
with Section 92) of Part 1 of the Penal Code.
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9. Notices.
'>NTRACT NO. C35650
Any notice required or permitted by this Agreement shall be in writing and shall
be personally served upon the other Party, or sent by United States Postal Service,
postage prepaid and addressed to the appropriate Party as follow:
If to City: ADDRESS
Attn: Mayor
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
If to City Manager: Lauri Aylaian
City Manager
[Last reported address in personnel file]
Notice shall be deemed given as of the date of personal service or upon
the date of deposit in the course of transmission with the United States Postal Service.
10. Termination.
10.1 At -Will Employee.
City Manager shall serve at the will and pleasure of the City Council.
Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of
the City Council to suspend from duty, remove from office or otherwise terminate the
services of City Manager at any time, at the sole discretion of the City Council. This
Agreement may be terminated as follows.
10.2 Termination - Council Vote.
The City Council may remove the City Manager Without Cause by motion
adopted by the affirmative votes of a majority of the members of the City Council.
Notwithstanding such authority, the City Manager may not be removed within ninety
(90) days before or after the date of a municipal election, or recall of one or more of the
members of the City Council.
10.3 Termination - Change in Form of Government.
If any of the governing policies pertaining to the role, power, duties,
authority, or responsibilities of City Manager are amended to substantially change
City's form of government, either by action of the City Council, a duly passed initiative
measure or state legislation, City Manager shall have the right to terminate the
Agreement and receive Severance Pay under Section 10.9.
72500.00217\29210223.5
JNTRACT NO. C35650
10.4 Reduction of Salary or Benefits.
The City Council may reduce the Annual Base Salary or any other
financial benefit of the City Manager, as provided by this Agreement or in the
Municipal Code in a manner equivalent to reductions of all management employees. If
the City Council reduces the Annual Base Salary or any other financial benefit of the
City Manager in a percentage that is greater than the average reduction sustained by all
executive managers without the City Manager's written consent, then at the City
Manager's option such action shall constitute a termination of this Agreement and City
Manager is then entitled to Severance Pay under Section 10.9.
10.5 Resignation.
City Manager may voluntarily resign her position as City Manager, after
giving City at least thirty (30) days written notice prior to the effective date of such
resignation, unless such notice is waived in whole or part by the City Council. In the
event the City Manager resigns from her employment with City, the City Manager shall
not be entitled to any Severance Pay.
10.6 Death.
If, during the term or any extended term, the City Manager dies, the
employment and this Agreement is terminated. The City Manager's estate shall receive
any accrued and owed salary and benefits, but shall not be entitled to any additional
compensation or payment, including but not limited to Severance Pay.
10.7 Disability.
In the event the City Manager is permanently disabled or is otherwise
unable to perform her duties because of sickness, accident, injury, or mental incapacity
for a period of six (6) consecutive months, the City may terminate the City Manager's
employment and this Agreement. City Manager shall be entitled to Disability benefits
as provided by Ca1PERS and the terms of any Long Term Disability insurance plan, but
not any additional compensation or payment, including Severance Pay.
10.8 Cause.
The City Council may remove the City Manager for Cause without any
need for Severance Pay by motion adopted by the affirmative votes of a majority of the
City Council. Cause for purposes of this Agreement shall only mean the following:
(a) Acts of gross misconduct to the detriment of the City or to the City
Manager's reputation;
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bNTRACT NO. C35650
(b) Unreasonable refusal or failure to act in accordance with any legal
requirement or specific direction or order of the City Council;
(c) Gross or willful unsatisfactory performance, misconduct,
dishonesty, habitual neglect, or incompetence;
(d) Involvement in crime involving dishonesty, breach of trust, or
public conduct reflecting negatively on the City (no pending criminal prosecution need
be in effect for termination due to fraud, embezzlement or public conduct reflecting on
the City; rather the Council must only have a good faith belief based on a good faith
investigation);
(e) Violation of any City Council policies adopted by Resolution or
Ordinance; or
(f) Breach of any material term of this Agreement, after thirty days'
notice and opportunity to cure. .
Upon any allegation that the City Manager has engaged in conduct that would result in
her termination "for cause" as defined above, she is entitled to address and attempt to
rebut those allegations before the Council in an open or closed session, at City
Manager's option, prior to the Council making any final determination regarding the
veracity of those allegations. In the event the Council, in its discretion, still finds merit
to the allegations and terminates, the Employee shall not be entitled to any severance
and will be owed no further compensation.
10.9 Severance Pay.
In the event this Agreement is terminated pursuant to any one of sections
10.2, 10.3, or 10.4 of this Agreement, the City Manager shall receive a severance
payment, in a lump sum, equal to four (4) months of City Manager's then monthly Base
Salary or, if lesser, an amount equal to the Annual Base Salary remaining on the
unexpired term of the contract ("Severance Pay"). Such severance payment shall be her
sole remedy for termination under sections 10.2, 10.3, or 10.4 of this Agreement. The
Severance Pay shall be paid after the City Manager executes a waiver and release
agreement prepared by the City Attorney in a form substantially similar to that one set
forth as Exhibit "A" to this Agreement.
Notwithstanding the foregoing, if the City Manager is terminated for
Cause, pursuant to Section 10.8 of this Agreement, then City Manager shall not be
eligible for Severance Pay.
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3NTRACT NO. C35650
11. General Provisions.
11.1 This writing constitutes the entire agreement between the parties with
respect to the subject matter hereof, and supersedes all prior oral or written
representations or written agreements on the subject matter hereof, which may have
been entered into between the parties. No modification or revision to this Agreement
shall be of any force or effect, unless the same is in writing and executed by the Parties
hereto.
11.2 Each Party agrees and acknowledges that no representations,
inducements, promises, or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any Party, which are not embodied herein and that
any agreement, statement, or promise not contained in this Agreement shall not be
valid or binding on either Party.
11.3 If any provision, or portion thereof, contained in the Agreement is held
unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion
thereof, shall be deemed severable, shall not be affected and shall remain in full force
and effect.
11.4 This Agreement shall be governed by and construed in accordance with
the law of the State of California. Venue shall be in Riverside County.
11.5 This Agreement shall be construed as a whole, according to its fair
meaning, and not in favor or against any Party. By way of example and not in
limitation, this Agreement shall not be construed in favor of the party receiving a
benefit or against the Party responsible for any particular language in this Agreement.
11.6 City Manager acknowledges that she has had an opportunity to consult
legal counsel in regard to this Agreement, that she has read and understands this
Agreement, that she is fully aware of its legal effect, and that she has entered into it
freely and voluntarily and based on her own judgment and not on any representations
or promises other than those contained in this Agreement.
11.7 In any dispute arising out of this Agreement, the prevailing party shall
recover its reasonable attorneys' fees and costs.
12. Other Terms and Conditions of Employment.
The City, only upon agreement with City Manager, shall fix any such other terms
and conditions of employment, as it may determine from time to time, relating to the
performance of the City Manager, provided such terms and conditions are not
inconsistent with or in conflict with the provisions of this Agreement, the City Code, or
any other law, ordinance or City Resolution.
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>TRACT NO. C35650
The City and City Manager acknowledge that certain provisions of this
Agreement are inconsistent with the current Chapter 2.04 of the Municipal Code.
Pursuant to Municipal Code Section 2.04.280, the provisions of Chapter 2.04shall prevail
to the extent of any inconsistency. This Agreement shall prevail to the extent of any
inconsistencies with the remainder of the Municipal Code. The Parties further
acknowledge that the City Council intends to consider modifying Chapter 2.04 and
other Chapters of the Municipal Code in manners that may, or may not, be consistent
with this Agreement. In the event of any such modification, the modified Chapter 2.04
shall prevail. To the extent that any such modifications materially change the agreed -
upon conditions of employment as reflected in this Agreement to the detriment of the
City Manager, the City Manager shall have the option to terminate this Agreement and
receive Severance Pay under Section 10.9.
Except as otherwise provided in this Agreement, City Manager shall be entitled
to the highest level of benefits that are enjoyed by other executive department heads of
the City as provided in the Municipal Code, Personnel Rules and regulations, or by
practice.
The City shall exempt the City Manager from the Residency Requirement
contained in Section 2.04.020 of the Palm Desert Municipal Code.
13. Indemnification.
13.1 City shall defend, hold harmless and indemnify City Manager against any
tort, professional liability claim or demand or other legal action, whether groundless or
otherwise, arising out of any alleged act or omission occurring in the performance of
City Manager's duties or resulting from the exercise of her judgment or discretion in
connection with the performance of her duties, unless the act or omission involved
unlawful conduct. City shall not unreasonably refuse to provide for legal
representation at City's expense. Legal representation, provided by City for City
Manager, shall extend until a final determination of the legal action including any and
all losses, damages, judgment, interests, 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 such City Manager in connection with
or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out
of or in connection with the performance of City Manager's duties.
13.2 City agrees to pay all reasonable litigation expenses of City Manager
throughout pendency of any City -related litigation to which City Manager is a party,
witness or advisor to the City. Such expense payments shall continue beyond City
Manager's employment with the City as long as litigation is pending. Post -
employment, City agrees to pay City Manager for reasonable consulting fees, travel
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expenses and other costs, when City Manager serves as a witness, advisor or consultant
to City regarding pending litigation.
[SIGNATURES ON FOLLOWING PAGE]
72500.00217\29210223.5
,->NTRACT NO. C35650
IN WITNESS WHEREOF, the arties have executed this City Manager
Employment Agreement on the __L2 day U3��&X i . 2016.
EMPLOYEEJCITY MANAGER
Lauri Aylaian, City Manager
CITY OF PALM DESERT
ATTEST:
APPROVED AS TO FORM:
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3NTRACT NO. C35650
Exhibit "A"
GENERAL WAIVERS AND RELEASES
I, the undersigned, do hereby acknowledge and attest that I have read and
understood Section 10.9 of my Employment Agreement with the City of Palm Desert
and hereby agree that by accepting Severance Pay in the amount of four (4) months' or,
if lesser, an amount equal to the Annual Base Salary remaining on the unexpired term
of the Agreement, I agree to waive all rights to further claims, remedies, or legal action
against the City, its officers and employees.
In exchange for receipt of the Severance Pay, and all other salary and benefits
owing, I and my representatives, heirs, successors, and assigns do hereby completely
release and forever discharge the City of Palm Desert and its related entities and their
present and former officers, directors, council members, agents, employees, attorneys,
and successors (collectively, "Released Parties") from all claims, rights, demands,
actions, obligations, liabilities, and causes of action of every kind and character, known
or unknown, mature or unmatured, which I may have now or in the future arising from
any act or omission or condition occurring on or prior to the date this General Waivers
and Releases is signed whether based on tort, contract (express or implied), or any
federal, state, or local law, statute, or regulation (collectively, the "Released Claims").
Released Claims shall also include, but not be limited to, claims for wages or other
compensation due, severance pay, bonuses, sick leave, vacation pay, life or health
insurance, or any other fringe benefit.
City Manager knowingly and voluntarily waives any and all rights or benefits
that she may now have, or in the future may have, under the terms of Section 1542 of
the California Civil Code, which provides 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.
City Manager acknowledges that she has read and understands this
waiver and voluntarily and knowingly is waiving her right under
Section 1542 to pursue unknown or unanticipated claims, rights,
demands, actions, obligations, liabilities, and causes of action of
any kind.
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"))NTRACT NO. C35650
Unless otherwise required by law, City Manager shall not file any claim, sue or
initiate an action against any Released Party or participate in any compliance review,
action, or proceeding, individually or as a member of a class, under any contract
(express or implied), or any federal, state, or local law, statute, or regulation pertaining
in any manner to the Released Claims.
Approved and Agreed to By:
Lauri Aylaian
CITY OF PALM DESERT
0
Mayor
ATTEST:
A-2
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