Konrad Bolowich-2021-34 CITY OF GRAND TERRACE
CITY MANAGER
EMPLOYMENT AGREEMENT
This CITY MANAGER EMPLOYMENT AGREEMENT ("Agreement") is entered into
and made effective the 14th day of December, by and between the CITY OF GRAND
TERRACE, a general law city and municipal corporation ("City") and KONRAD BOLOWICH,
an individual ("Employee").
RECITALS
WHEREAS, it is the desire of the City Council of the City of Grand Terrace (hereinafter
the "City Council") to employ an individual to serve in the position of City Manager, which
position is prescribed by state law and the City's Municipal Code; and
WHEREAS, California Government Code Section 34852 provides that an ordinance
establishing a city manager form of government shall define the powers and duties of the city
manager; and
WHEREAS, the powers and duties of the city manager of the City are set forth in Grand
Terrace Municipal Code("GTMC") §§ 2.08.050 through 2.08.170; and
WHEREAS, based on Employee's executive and administrative qualifications and
ability, the City Council desires to employ Employee to serve as the city manager for the City;
and
WHEREAS, Employee desires to perform and assume responsibility for the provision of
city manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee's
provision of city manager professional services to the City through this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City
and Employee hereby agree as follows:
AGREEMENT
1.0 EMPLOYMENT & DUTIES
1.1 Duties. City hereby employs Employee as city manager for the City to
perform the functions and duties of the city manager, as specified in the job description attached
hereto as Exhibit "A," the City's Municipal Code, and in the Government Code of the State of
California, and to perform such other legally permissible and proper duties and functions as the
City Council shall, from time-to-time, direct or assign. Employee shall devote his best efforts
and full-time attention to performance of these duties.
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1.2 Work Schedule. Employee is expected to engage in the hours of work
that are necessary to fulfill the obligations of the position, must be available at all times, and
must devote a great deal of time outside the normal office hours to the business of the City.
Employee acknowledges that proper performance of the duties of city manager will require
Employee to generally observe normal business hours, as set by the City and may be duly
revised from time-to-time (currently 8:00 a.m. to 5:00 p.m., Monday through Friday), and will
also often require the performance of necessary services outside of normal business hours.
Employee's compensation (whether salary or benefits or other allowances) is not based on hours
worked, and Employee shall not be entitled to any compensation for overtime.
1.3 Other Activities. Employee shall focus his professional time, ability,
and attention to City business during the term of this Agreement. Employee shall not engage,
without the express prior written consent of the City Council, in any other business duties or
pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or
professional nature to any other person or organization, whether for compensation or otherwise,
that is or may be competitive with the City, that might cause a conflict-of-interest with the City,
or that otherwise might interfere with the business or operation of the City or the satisfactory
performance of the functions and duties of city manager.
1.4 At-Will Employment Status. Upon appointment to the city manager
position, Employee shall serve at the will and pleasure of the City Council and understands that
he shall be an "at-will" employee without recourse to bumping or other demotion rights and shall
be subject to summary dismissal without any right of notice or hearing except as expressly
provided in this Agreement, including any so-called due process pre-disciplinary "Skelly"
hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.
1.5 City Documents. All data, studies, reports and other documents
prepared by Employee while performing his duties during the term of this Agreement shall be
furnished to and become the property of the City, without restriction or limitation on their use.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer
program data, input record data, written information, and other materials either created by or
provided to Employee in connection with the performance of this Agreement shall be held
confidential by Employee to the extent permitted by applicable law, except as may be required
by any governmental agency or court of competent jurisdiction. Such materials shall not be used
by Employee, without the prior written consent of the City Council, for any purposes other than
the performance of his duties. Additionally, no such materials may be disclosed to any person
or entity not connected with the performance of services under this Agreement, except as
required by(a)law, (b) any governmental agency, (c) subpoena, or(d) an order issued by a court
of competent jurisdiction.
1.6 Exclusion from Competitive Service. Employee understands,
acknowledges and agrees that he is exempt from the City's personnel system pursuant to GTMC
§2.24.020(B).
1.7 FLSA Exempt Status. Employee agrees that his position is that of an
exempt employee for the purposes of the Fair Labor Standards Act("FLSA").
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2.0 COMPENSATION AND REIMBURSEMENT
2.1 Compensation. For the services rendered pursuant to this Agreement,
Employee's initial base compensation shall be Two Hundred Eleven Thousand Two Hundred
Dollars and No Cents($211,200.00) annually("Salary"), which shall be paid on a pro-rated basis
bi-weekly at the same time as other employees of the City are paid. Such Salary shall be
adjusted for payroll taxes, workers' compensation, and other payroll-related liability costs as
determined by the City. The City shall not reduce Employee's Salary,unless as part of a general
City management salary reduction, and then in no greater percentage than the average reduction
of all City department heads.
2.2 Salary Review and Adjustment. The City Council and Employee agree
to conduct an initial salary review in or prior to June 2022 concurrently with the performance
evaluation set forth in Section 5.2. For the June 2022 salary review, in the event Employee has
achieved the goals established for him by the City Council as determined by the City Council in
its discretion, then Employee will be provided up to a four percent (4%) base salary adjustment
to be effective July 1, 2022 (up to a new base salary of$219,648.00).
The City Council and Employee further agree to conduct a salary review in or prior to
June 2023 concurrently with the performance evaluation set forth in Section 5.2. For the June
2023 salary review, in the event Employee has achieved the goals established for him by the City
Council as determined by the City Council in its discretion, then Employee will be provided up
to a three percent (3%) base salary adjustment to be effective July 1, 2023 (up to a new base
salary of $226,237.44). Any further adjustments in the base salary and/or benefits following
Employee's annual performance evaluations shall be at the sole discretion of the City Council.
3.0 TERM
3.1 Commencement & Effective Date. Employee shall commence his
services hereunder at 12:01 a.m. Pacific daylight savings time on January 3, 2022 ("Effective
Date").
3.2 Term. This Agreement shall remain in effect for three(3)years from the
Effective Date specified in Section 3.1, i.e. until January 2, 2025.
3.3 Termination by Employee. Employee may terminate this Agreement at
any time, provided Employee provides the City Council with at least thirty (30) days' advance
written notice prior to the effective date of termination, unless a shorter period is acceptable to
Council. In the event Employee terminates this Agreement, Employee expressly agrees that he
shall not be entitled to any severance pay.
3.4 Termination byCity. The City Council may terminate this Agreement at
any time with or without cause, by providing written notice of the reasons(s) as provided in (a)
and (b) below. The City Council's right to terminate Employee pursuant to this Section 3.4 shall
not be subject to or in any way limited by the City's Personnel Rules or past City practices
related to the employment, discipline or termination of the City's employees. Nothing herein,
however, shall be construed to create a property interest, where one does not exist by rule of law,
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in the position of city manager. Upon appointment to the city manager position, Employee
remains an at-will employee serving at the pleasure of the City Council.
(a) Termination by City for Cause. The City may terminate this
Agreement for cause at any time by providing Employee with five (5) business days' written
notice of the termination for cause and the facts and grounds constituting such cause. In such
event, City shall, if desired Employee, afford Employee a public name-clearing hearing before
Council. Request for a name clearing hearing shall be made to the City Clerk within seven (7)
days of Employee's receipt of notice of termination. For purposes of this Agreement, the term
"cause" shall be defined to include any misconduct materially related to performance of official
duties, including but not be limited to any of the following: (1) breach of this Agreement; (2)
violation of the City's Municipal Code, Ordinances, Rules, and Regulations, including but not
limited to the City's Personnel Rules; (3) willful or persistent material breach or neglect of
duties; (4) resume fraud or other acts of material dishonesty; (5) insubordination (which shall be
defined as a repeated failure to carry out a directive or directives of Council made by Council as
a body); (6) corrupt or willful misconduct in office; (7) conviction of a misdemeanor involving
moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony
under California law; (8) willful destruction or misuse of City property; (9) habitual intoxication
while on duty, whether by alcohol, prescription or non-prescription drugs, and in the case of
prescription drugs, where they are being used in a manner not authorized by Employee's treating
physician; (10) use or possession of illegal drugs; (11) inexcusable absence without an
authorized leave of absence; (12) willful political activity involving the support of candidates for
Council; (13) theft or attempted theft; (14) financial mismanagement; (15) willful violation of
Federal, State or City discrimination and harassment laws concerning either members of the
general public or City's employee(s) while acting in the course and scope of employment and/or
while on City premises or time; (16) willful and unlawful retaliation against any City officer or
employee or member of the general public who in good faith reports, discloses, divulges or
otherwise brings to the attention of any appropriate authority any facts or information relative to
actual or suspected violations of any law occurring on the job or related directly thereto; (17)
willful violation of any conflict of interest or incompatibility of office laws; (18) engaging in
conduct tending to bring embarrassment or disrepute to City; (19) any illegal or unethical act
involving personal gain; (20) "abuse of office or position" as defined in Government Code
§53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against
public justice, including crimes involving bribery and corruption); or (21) any similar cause. For
any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid
administrative leave until resolution. If the City terminates for cause this Agreement and the
services of Employee hereunder, then the City shall have no obligation to pay severance.
(b) Termination by City Council Without Cause. By providing Employee
at least thirty (30) calendar days prior written notice thereof, the City Council may terminate
Employee without cause, including based upon management reasons. In the event Employee is
terminated without cause, Employee expressly agrees that he shall not be entitled to any
severance pay as the result of the termination of this Agreement except as provided in Section
4.1 below.
3.5 Waiver of Certain Discipline and Termination Rights. Employee
expressly waives any rights afforded under City's personnel system or policies, Personnel Rules,
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and any rights afforded to Employee under the Grand Terrace Municipal Code (including
Sections 2.08.210 through 2.08.270) or under State or Federal law, including Government Code
§§ 54950 et seq. ("Brown Act"), to any form of pre- or post- discipline or termination hearing,
appeal, or other administrative process pertaining to discipline or termination, except those rights
Employee may have under the California or United States constitutions to a name-clearing
hearing. Such rights waived under this Section 3.5 include the right under the Brown Act
(Government Code §54957(b)) to have complaints or charges against an employee heard in a
public session upon Employee's request.
3.6 Limitation on Termination Following Election. Employee shall not be
removed from office, other than for cause as defined in Section 3.4(a) above, during or within a
period of ninety (90) days next succeeding any general municipal election held in the City at
which election a member of the City Council is elected or when a new City Councilmember is
appointed.
4.0 SEVERANCE
4.1 Severance Pay. Notwithstanding GTMC §2.08.040(C), if the Council
terminates Employee without cause and Employee does not challenge such termination,
including but not limited to by means of appeal or civil or administrative claim, then City shall
pay to Employee severance in an amount equal to his monthly base salary (as defined in Section
2 above, calculated on a per diem basis) then in effect multiplied by six (6), less applicable
deductions and excluding deferred compensation or the value of any other benefits.
In addition, the City shall extend to Employee the right to continue health insurance as may be
required by and pursuant to the terms and conditions of the Consolidated Omnibus Budget
Reconciliation Act of 1986 ("COBRA"). As permitted by Government Code § 53261, City
agrees to pay Employee's COBRA coverage for one (1) month or until Employee finds other
employment,whichever occurs first.
Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of
employment with a city must include a provision limiting the maximum cash settlement for the
termination of the contract to the monthly salary (excluding benefits) multiplied by the number
of months left on the unexpired term,but not more than 18 months if the unexpired term exceeds
18 months. Accordingly, should such proposed severance payment exceed the amount authorized
to be paid under Government Code Section 53260, then the amount paid to Employee shall be
reduced in the amount necessary to comply with such statute. (For example, if termination
occurs with two (2) months left in the term, severance would be equal to the monthly base salary
multiplied by two (2)rather than the six(6)months provided in this Section.)
4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As
provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no
obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3,
should Employee initiate termination of this Agreement, the City shall have no obligation to pay
the severance provided for in Section 4.1 above.
4.3 Sole Rights. The severance rights provided in this Section 4.0 shall
constitute the sole and only entitlement of Employee with respect to severance pay in the event
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of the termination,other than for cause. Employee expressly waives any and all other rights with
respect to severance pay except as provided herein. Any and all severance rights are conditioned
upon and in consideration for execution of the standard "Agreement of Separation, Severance,
and General Release" attached hereto in form only as Exhibit"C."
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performance review and evaluation process set forth
herein is intended to provide review and feedback to Employee so as to facilitate a more
effective management of the City. Nothing herein shall be deemed to alter or change the
employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be
construed as requiring "cause" to terminate this Agreement, or the services of Employee
hereunder.
5.2 Annual Evaluation. The City Council shall conduct an initial
performance evaluation in or prior to June 2022 to review and evaluate the performance of
Employee. The City Council shall conduct another performance evaluation in or prior to June
2023 to review and evaluate the performance of Employee. Thereafter, the City Council shall
review and evaluate the performance of Employee annually in or prior to June of each year. In
addition, Employee shall submit for the City Council's consideration, no later than June 1 of
each year of the term of this Agreement, Employee's proposed annual performance goals and
objectives and incorporate the City Council's suggestions.
5.3 Written Summary. The City Council may, at its sole discretion, elect to
provide a written summary of each performance evaluation to Employee within two (2) weeks
following the conclusion of the review and evaluation process, and may, at its discretion,
schedule at least one (1) closed personnel session with Employee to deliver and discuss the
evaluation.
6.0 BENEFITS
6.1 Automobile Allowance. The City shall provide Employee an
automobile allowance for the use of his personal automobile for official City business at the rate
of Four Hundred Sixteen Dollars and Sixty Seven Cents ($416.67) per month (to equal $5,000
annually). The automobile allowance authorized by this Section shall constitute full
compensation for any and all expenses related to the operation and maintenance of Employee's
vehicle for City purposes.
6.2 Health, Dental, and Vision Insurance. The City shall provide to
Employee a contribution to his health insurance premium in the amount of$1,416.67 per month
(to equal $17,000 annually), paid on a pro-rated basis the first two pay periods every month. The
City currently contracts for major medical insurance through Ca1PERS.
Dental and vision insurance premiums shall be paid by Employee.
6.3 Ca1PERS. The City believes Employee to be a "classic" member of
Ca1PERS and accordingly he shall participate in the City's Second Tier Plan for Miscellaneous
employees, which is the 2% at 60 formula. Such formula is subject to the following Ca1PERS
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contract provisions: (i) average monthly pay rate and special compensation for highest three (3)
year period; (ii) fourth level of 1959 Survivors Program; (iii) sick leave credit; and (iv) military
service credit as public service. The City shall pay the full employer Ca1PERS contribution. The
employee contribution shall be paid by Employee.
6.4 Deferred Compensation. City agrees that Employee may, at his sole cost
and expense, participate in City's 457 Deferred Compensation Program.
6.5 Vacation Leave. Employee shall accrue vacation leave according to the
following schedule:
Years of Hours accrued per pay
service period
1 - 5 3.08 (to equal 80 hours
annually)
6 - 10 4.62 hours (to equal 120
hours annually)
11 plus 6.15 hours (to equal 160
hours annually)
Upon commencement of employment, Employee shall receive eighty (80) hours of
accrued vacation leave in Employee's vacation leave bank.
Vacation leave shall have an accrual cap of four hundred eighty (480) hours, after which
accruals shall cease until total accrued vacation leave drops below the 480 hour accrual cap.
Employee shall be subject to the same vacation leave usage rules that apply to City
department heads, including applicable requirements of the City's Personnel Rules and
Statement of Benefits. However, notwithstanding any language to the contrary, Employee shall
be permitted to use accrued vacation leave upon commencement of employment. Upon
Employee's separation from City service for any reason, the City shall compensate Employee for
any accrued vacation leave remaining on the books. The value of accrued vacation leave shall be
calculated using Employee's pay rate on the date of Employee's separation from City service.
6.6 Sick Leave. Employee shall accrue sick leave at the rate of 3.69 hours
of sick leave for each pay period of service or major portion thereof. Employee may accrue a
maximum of four hundred eighty (480) hours of sick leave hours. Upon commencement of
employment, Employee shall receive eighty (80) hours of accrued sick leave in Employee's sick
leave bank.
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After five (5) years of employment, upon separation from employment, other than
termination for cause, Employee shall be compensated for 40% of all unused sick leave. In the
event Employee separates from the City prior to five (5) years of employment or is terminated
for cause at any time, Employee shall not be compensated for unused sick leave. The value of
accrued sick leave shall be calculated using Employee's pay rate on the date of Employee's
separation from City service. In the event Employee retires from the City, Employee shall be
eligible to convert unused accrued sick leave to CalPERS service credit in accordance with
CalPERS regulations and the City's CalPERS contract.
Employee may use up to 3 days of accrued sick leave in any 12 month period as
bereavement leave for the death of a family member. A family member is defined as a
spouse/domestic partner, parent, sibling, child, grandchild, or grandparent of the employee or of
the employee's spouse/domestic partner.
Employee shall be subject to the same sick leave usage rules that apply to City
department heads, including applicable requirements of the City's Personnel Rules and
Statement of Benefits.
6.7 Management Leave. Employee shall accrue eighty (80) hours per
calendar year of management leave as time off from work, instead of pay or compensatory leave
credit for overtime work. Management leave shall accrue on January 1 of each year. Employee
shall not accrue more than 80 hours of management leave.
Employee shall be subject to the same management leave usage rules that apply to City
department heads. Upon Employee's separation from City service for any reason, the City shall
compensate Employee for any accrued management leave remaining on the books. The value of
accrued management leave shall be calculated using Employee's pay rate on the date of Employee's
separation from City service.
6.8 Holidays. Employee shall be entitled to the standard paid holidays
provided to all City employees each year, as determined by the City Council. The City currently
provides thirteen (13) paid holidays and two (2) floating holidays each year. Each floating
holiday shall equal 8 hours.
Employee shall be subject to the same floating holiday usage rules that apply to City
department heads. The City shall compensate Employee for any floating holiday leave not taken
for floating holidays occurring prior to his date of separation.
6.9 Life, short-term disability, and long-term disability insurance. The City
shall provide to Employee life insurance coverage in the amount of$200,000. Employee shall
pay for the cost of short-term disability and long-term disability insurance at his own expense.
6.10 Cellular Telephone Allowance. Employee shall be provided a monthly
cellular telephone allowance of One Hundred Dollars ($100.00) (to equal $1,200 annually) for
reimbursement for the costs associated with the use of his personal cellular telephone service for
business purposes. The City shall not be liable for any expenses beyond such allowance. The
cellular telephone allowance provided pursuant to this Section shall be subject to the
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requirements of Section 24 of the Personnel Rules and Regulations, entitled "Electronic
Equipment Use Policy."
7.0 PROFESSIONAL DEVELOPMENT
7.1 Membership. The City encourages Employee's continued professional
development and shall provide payment of appropriate related costs for such activities, including
membership in relevant professional organizations, as approved by the City Council.
7.2 Out-of-Town Meetings & Seminars. The City agrees to reimburse
Employee the actual cost for registration, travel, lodging, meals, and other expenses incurred by
Employee while attending overnight, out-of-town meetings or seminars related to his
employment with the City, in accordance with the City's policies for expense reimbursement.
Moreover, to be eligible Employee must have budgeted funds available for same; provided,
however, that the City Council may, in its sole discretion, approve such unbudgeted expenditures
if it deems it in the best interests of the City.
7.3 Local Meetings & Seminars. The City agrees to reimburse Employee
the actual cost of registration, meals, and other expenses necessarily incurred while in attendance
at local meetings or seminars related to his employment with City in accordance with the City's
policies for expense reimbursement.
8.0 BONDS AND INDEMNIFICATION
8.1 Indemnification. To the extent mandated by the California Government
Code, the City shall defend, hold harmless, and indemnify Employee against any tort,
professional liability, claim or demand, or other legal action arising out of an alleged act or
omission occurring in the performance of Employee's services under this Agreement. This
section shall not apply to any intentional tort or crime committed by Employee, to any action
outside the course and scope of the services provided by Employee under this Agreement, or any
other intentional or malicious conduct or gross negligence of Employee.
8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which
may be required in the performance of Employee's services under this Agreement.
9.0 GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement represents the entire agreement
between the parties and supersedes any and all other agreements, either oral or in writing,
between the parties with respect to Employee's employment by the City and contains all of the
covenants and agreements between the parties with respect to such employment. Each party to
this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by either party, or anyone acting on behalf of either party,
which are not embodied herein, and that no other agreement, statement or promises not contained
in this Agreement shall be valid or binding upon either party.
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9.2 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by an instrument in writing, which amendment shall require approval by the
affirmative vote of three(3)members of the Council.
9.3 Notices. Any notice required or permitted by this Agreement shall be in
writing and shall be personally served or shall be sufficiently given when served upon the other
party as sent by United States Postal Service,postage prepaid and addressed as follows:
To City: To Employee:
City of Grand Terrace Konrad Bolowich
Attention: City Clerk [On file with Human Resources Dept.]
22795 Barton Rd.
Grand Terrace, CA 92313
Notices 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.
9.4 Conflicts Prohibited. During the term of this Agreement, Employee
shall not engage in any business or transaction or maintain a financial interest which conflicts, or
reasonably might be expected to conflict, with the proper discharge of Employee's duties under
this Agreement. Employee shall comply with all requirements of law, including but not limited
to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other
similar statutory and administrative rules. Whenever any potential conflict arises or may appear
to arise, the obligation shall be on Employee to seek legal advice concerning whether such
conflict exists and Employee's obligations arising therefrom.
9.5 Effect of Waiver. The failure of either party to insist on 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.
9.6 Partial Invalidity. If any provision in this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, which are in full force and effect as of the
date of execution and delivery by each party hereto.
9.8 Mandatory Government Code Provisions. Government Code §§ 53243 -
53243.4 require that contracts between local agencies and its employees include provisions
requiring an employee who is convicted of a crime involving an abuse of his office or position to
provide reimbursement to the local agency for the following forms of payment: (i) paid leave
salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual
settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply
with these Government Code sections and all other applicable law as it exists as of the date of
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execution of this Agreement and as such laws may be amended from time to time thereafter.
Specifically, the following Government Code sections are called out and hereby incorporated by
this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime
involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime
involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving
office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime
involving office or position.
§53243.4. "Abuse of office or position" defined.
Employee represents that Employee has reviewed, is familiar with, and agrees to comply
fully with each of these provisions if any of these provisions are applicable to Employee,
including that Employee agrees that any cash settlement or severance related to a termination
that Employee may receive from the City shall be fully reimbursed to the local agency if
Employee is convicted of a crime involving an abuse of Employee's office or position. The
Government Code provisions referenced in this section are attached hereto in Exhibit`B".
9.9 Independent Legal Advice. The City and Employee represent and
warrant to each other that each has received legal advice from independent and separate legal
counsel with respect to the legal effect of this Agreement, or had the opportunity to do so, and
the City and Employee further represent and warrant that each has carefully reviewed this entire
Agreement and that each and every term thereof is understood and that the terms of this
Agreement are contractual and not a mere recital. This Agreement shall not be construed against
the party or its representatives who drafted it or who drafted any portion thereof.
IN WITNESS WHEREOF, the City of Grand Terrace has caused this Agreement
to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto
duly authorized, and Employee has signed and executed this Agreement, all in triplicate.
CITY OF GRAND TERRACE
Darcy cN o
ATTEST:
ebra Thomas, City Clerk
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APPROVED AS TO FORM:
Adrian Guerra, City Attorney
EMPLOYEE
Konrad Bolowich
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EXHIBIT "A"
City Manager Job Description
GENERAL PURPOSE:
Under general direction of the City Council, serves as the City's Chief Executive Officer and
oversees and guides the activities of all City departments, programs, services and functions to
ensure that the City's goals and objectives are achieved; provides the City Council with accurate
and timely information to support decision-making and policy direction and to implement all
policy set by the City Council; provides overall daily administration, decision-making and policy
guidance with the City Council and staff, serves as the Executive Director of the Successor
Agency, Housing Authority, and Public Financing Authority; oversees the City's budget and
capital improvement plans; provides effective professional leadership and recommends
organizational enhancements to meet the City's current and future needs; and performs other
related duties as assigned.
DISTINGUISHING CHARACTERISTICS:
The City Manager provides overall direction to all staff positions through department directors,
managers, and assigned administrative staff. The scope of responsibility, decision-making, direct
and indirect supervision, and budgetary authority are significantly greater than for any other City
staff position.
ESSENTIAL FUNCTIONS:
The duties listed below are intended only as illustrations of the various types of work that may be
performed. The omission of specific statements of duties does not exclude them from the
position if the work is similar,related, or a logical assignment to the class.
1. Directs and manages the operations of the City: provides direction to all City departments
and functions falling under the authority of the City Manager; supervises all subordinate
department heads and staff; hires, trains, evaluates performance, and disciplines senior
management personnel and oversees this process for all City employees through
subordinate managers; serves as the Personnel Officer; establishes policies and
procedures for the overall City functions; oversees and participates in the resolution of
inquiries and complaints from the public and other organizations; and establishes,
monitors and evaluates progress towards goals and objectives of the administration; trains
personnel on mission, vision, and values.
2. Serves as a liaison between City staff, the Mayor, and the City Council: attends all
meetings of the City Council; briefs Council Members on pending agenda items and
other City issues; responds to inquiries and provides Council Members with information
on the status of City operations and projects; provides analysis as needed to assist the
Council to make informed policy decisions; and provides support to the Mayor and
Council Members as needed.
01247.0004n52487.8
3. Assists the Mayor and City Council with strategic and long-range planning and goals for
the City: participates in planning efforts at the local and regional level; keeps City
Council apprised of developments at the state and federal level that impact the City;
monitors pending legislation for impact on the City; oversee compliance with new
legislation
4. Represents the Mayor, City Council, and the City at various meetings, functions, and
events: serves as a liaison to various civic or governmental organizations and committees,
taskforces, boards, and commissions; confers regularly with officials from the
municipalities, school board, chamber of commerce, authorities, and commissions;
provides information about City operations; participates in discussions and decisions; and
keeps the City Council apprised of activities.
5. Performs financial and managerial analyses for the Mayor and City Council pertaining to
City operations and programs under consideration: gathers information relevant to topic;
evaluates data and makes recommendations based on findings; and makes presentations
to the City Council and other interested parties.
6. Serves as a liaison between the Mayor and Council and department heads, keeping the
Mayor and Council apprised on departmental activities; assists departments with
resolution of problems requiring the attention of City management; monitors and
evaluates progress of departments towards the goals and objectives of the administration.
7. Facilitates problem solving at all levels in the organization: works with department heads
and senior management to ensure effective coordination and cooperation among
departments; coordinates the continuous review of interdepartmental processes for
quality control and improvement; responds to inquiries from the public regarding issues
unresolved at the departmental level.
8. Attends all meetings of the City Council; briefs Council Members on pending agenda
items and other City issues; recommends City Council action on ordinances, resolutions,
contracts and other matters as appropriate.
9. Develops,recommends, administers, interprets and enforces policies and procedures.
10. Directs and participates in the preparation of a wide variety of studies, reports, contracts,
agreements, agenda letters, correspondence, resolutions and ordinances.
11. Oversees development of City Annual Budget in coordination with Finance Department
and City departments and present proposed budget for City Council review,
consideration, and approval.
12. Prepares for and leads weekly Executive Team meetings; serves as a liaison to various
civic or governmental organizations and committees, taskforces, boards, and
commissions.
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QUALIFICATIONS AND GUIDELINES:
Knowledge of:
• Leadership and management theory and practices;
• municipal government organization, administration, and operations, including principles,
practices, and methods used in local government administration;
• organizational and management practices related to the analysis and evaluation of City
programs, policies, and operational needs;
• public sector personnel administration and labor relations practices;
• municipal budgeting and capital improvement programs;
• current community and social, political, and economic trends and problems affecting
local government;
• applicable federal, State and local laws, codes and ordinances, and rules and regulations
regarding local government affairs;
• Government, Council, and local and State legislative processes;
• negotiations and conflict resolution techniques;
• goal setting and workload and performance indicators;
• principles of effective community and public relations in working with City Council,
civic and business groups,media, and the general public;
• marketing and economic development; program development, public policy, and project
management;
• employee development, management, motivation, supervision, training, performance
appraisal, and discipline.
Ability to:
• Manage and direct City-wide goals, objectives, policies, procedures, work standards, and
internal controls;
• provide leadership and plan and administer a balanced budget;
• select, motivate, supervise, and evaluate executive team and staff and plan, organize,
direct, and coordinate, and delegate work;
• articulate and respond to sensitive community, organizational, and City Council issues,
concerns, and needs;
• prepare clear, concise, and comprehensive administrative, financial, and technical
reports;
• evaluate public policy, management and operational issues and recommend appropriate
actions;
• think logically, appraise situations logically, interpret federal, State and local policies,
laws and regulations, and policy issues, in determining appropriate actions;
• exercise tact and diplomacy in resolving conflict in a fair and amicable manner;
• communicate effectively, both orally and in writing;
• establish, cultivate, and maintain effective working relationships with City Council,
department directors, officials, citizen groups and business representatives, vendors,
contractors, consultants, and the general public and
• make effective public presentations.
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Education/Training/Experience:
• Bachelor's degree from an accredited four-year college or university with a major in
Public Administration, Public Policy, Finance, or a related field is required.
• A Master's degree in Public Administration, Finance, or a related field is highly desirable.
• Ten years of responsible management, supervisory, and administrative experience related
to local government management, including planning, organization, leadership, and
implementation of varied interdepartmental programs and services,
• including two years of experience as an Assistant City Manager and
• four years of experience as a major department head.
Licenses; Certificates; Special Requirements:
• Valid Class C California driver's license,
• acceptable driving record, and
• proof of insurance in compliance with the City's Vehicle Insurance Policy standards.
• Ability to work extended hours in order to attend meetings, conferences, events, and
other functions on behalf of the City, including evening and weekend hours.
In accordance with California Government Code Section 3100, City of Grand Terrace
employees, in the event of a disaster, are considered disaster service workers and may be asked
to protect the health, safety, lives, and property of the people of the State.
PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by
employees to successfully perform the essential functions of this class. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential
functions.
Physical Demands
While performing the duties of this class, the employee is constantly required to sit, and
occasionally to stand and walk. Finger dexterity and light grasping is required to handle, feel, or
operate computer hardware and standard office equipment; and reach with hands and arms above
and below shoulder level. The employee occasionally bends, stoops, lifts, and carries records and
documents, typically weighing less than 25 pounds.
Sensory demands include the ability to see, talk, and hear, and use electronic touch keypads.
Mental Demands
While performing the duties of this class, the employee is regularly required to use oral and
written communication skills; read and interpret data; thoroughly analyze and solve problems;
exercise sound judgment in the absence of specific guidelines; use math and mathematical
reasoning; establish priorities and work on multiple assignments and projects concurrently; meet
intense and changing deadlines given interruptions; and interact appropriately with staff,
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01247.0004/752487.8
management, City Council, commissioners, and other officials, media, as well as contractors,
community groups, other public agencies, vendors, consultants, contractors, public and private
representatives, and others in the course of work, including resolving conflict situations.
WORK ENVIRONMENT
The employee frequently works in an office environment with controlled temperature settings.
The noise level is moderate,typically below 70 decibels.
The employee occasionally drives in traffic to deliver documents and attend meetings and
workshops.
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EXHIBIT"B"
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1,2012, any contract executed or renewed between a local agency
and an officer or employee of a local agency that provides paid leave salary offered by the local
agency to the officer or employee pending an investigation shall require that any salary provided
for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving
an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency
and an officer or employee of a local agency that provides funds for the legal criminal defense of
an officer or employee shall require that any funds provided for that purpose be fully reimbursed
to the local agency if the officer or employee is convicted of a crime involving an abuse of his or
her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a
local agency employer shall include a provision which provides that,regardless of the term of the
contract, if the contract is terminated, any cash settlement related to the termination that an
employee may receive from the local agency shall be fully reimbursed to the local agency if the
employee is convicted of a crime involving an abuse of his or her office or position.
53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual
obligation, for any of the payments described in this article,then the employee or officer
receiving any payments provided for those purposes shall fully reimburse the local agency that
provided those payments in the event that the employee or officer is convicted of a crime
involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority,including,but not limited to,waste, fraud, and
violation of the law under color of authority.
(b) A crime against public justice, including,but not limited to, a crime described in
Title 5 (commencing with Section 67),Title 6(commencing with Section 85),or Title 7
(commencing with Section 92)of Part 1 of the Penal Code.
01247.0004n52487.8
EXHIBIT "C"
AGREEMENT OF SEPARATION,SEVERANCE,AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as
the"AGREEMENT") is entered into by and between the City of Grand Terrace, a general law city
and municipal corporation (hereinafter referred to as "THE CITY"), and Konrad Bolowich, an
individual(hereinafter referred to as"EMPLOYEE").
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective
serving at the pleasure of the City Council of THE CITY pursuant to a written
contract, a copy of which is attached hereto as Exhibit"A"("THE CONTRACT"). EMPLOYEE is
currently_years old.
2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into
a severance agreement whereby EMPLOYEE receives severance compensation in exchange for
executing a general release and waiver of any and all claims that EMPLOYEE may have against
THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys,
and agents. Accordingly,the parties hereto intend by this AGREEMENT to mutually conclude any
and all employment relationships between THE CITY and EMPLOYEE by means of
EMPLOYEE's voluntary separation as of . This AGREEMENT sets forth the full and
complete terms and conditions concluding EMPLOYEE's employment relationship with the CITY
and any obligations related thereto,including any provided under THE CONTRACT.
2.3 In accordance with this AGREEMENT and with applicable state and federal
laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE's post-
employment rights, including but not limited to, EMPLOYEE's rights under the Consolidated
Omnibus Budget Reconciliation Act of 1985 ("COBRA"), the Employee Retirement Income
Security Act of 1974 ("BRISX), and the Health Insurance Portability and Accountability Act of
1996("HIPAA").
3. CONSIDERATION
3.1 EMPLOYEE shall receive payment to him at the time of his voluntary
separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all
other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as
required by law or THE CONTRACT or any other agreement with THE CITY.
3.2. In exchange for the waivers and releases set forth herein, THE CITY shall
also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance,
settlement and release in the form of a lump sum amount of and
cents ($ .00), as set forth in THE CONTRACT in the form of a check made payable to
EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE's home address via certified mail return
receipt requested within thirty (30) business days after the EFFECTIVE DATE (as defined below)
of this AGREEMENT.
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3.3 In exchange for the severance payment provided for herein, EMPLOYEE,
and on behalf of EMPLOYEE's spouse, heirs, representatives, successors, and assigns, hereby
releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors,
assigns, officials, employees,representatives, agents, insurers, attorneys, and all persons and entities
acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to
as "THE CITY PARTIES"), from any and all claims, charges, complaints, contracts,
understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses,
debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature
whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may
acquire in the future,or which EMPLOYEE ever had,relating to or arising out of any act, omission,
occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or
was in effect at anytime from the beginning of time up to and including
(hereinafter referred to collectively as "CLAIMS'), without regard to whether such CLAIMS arise
under the federal, state, or local constitutions, statutes, rules or regulations, or the common law.
EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT
specifically include, but are not limited to, claims based upon any alleged breach of THE
CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits,
any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any
duty arising out of contract or tort, any alleged wrongful termination in violation of public policy,
any alleged breach of any express or implied contract for continued employment, any alleged
employment discrimination or unlawful discriminatory act, or any claim or cause of action
including,but not limited to, any and all claims whether arising under any federal, state or local law
prohibiting breach of employment contract, wrongful termination, or employment discrimination
based upon age, race, color, sex, religion, handicap or disability, national origin or any other
protected category or characteristic, and any and all rights or claims arising under the California
Labor Code or Industrial Welfare Commission Wage Orders,the Federal Fair Labor Standards Act,
the California Fair Employment and Housing Act, California Government Code §§ 12900 et seq.,
the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety
Officers Procedural Bill of Right Act, and any other federal, state,or local human rights,civil rights,
or employment discrimination or employee rights statute,rule,or regulation.
4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the
"ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate
with respect to the nature and privileges of an individual's employment on the basis that the
individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter
referred to as the "OWBPA," 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990))
further augments the ADEA and prohibits the waiver of any right or claim under the ADEA,
unless the waiver is knowing and voluntary. By entering into this AGREEMENT,
EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition
to anything of value to which EMPLOYEE was already entitled, waives and releases any rights
he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has
been advised and understands,pursuant to the provisions of the ADEA and OWBPA,that:
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01247.0004/752487.8
(a) This waiver/release is written in a manner understood by EMPLOYEE;
(b) EMPLOYEE is aware of, and/or has been advised of, his rights under the
ADEA and OWBPA, and of the legal significance of his waiver of any possible claims he
currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
(c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21)
days within which to review and consider this AGREEMENT and the waiver and release of any
rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may,
in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the
expiration of the twenty-one(21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to
any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE
DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with
an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised
with respect thereto by his counsel of choice, and that he does not need any additional time
within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this
AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be
provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, "I hereby
revoke my acceptance of our Agreement of Severance and General Release;"and
(i) This AGREEMENT shall not be effective until all parties have signed the
AGREEMENT and ten (10) days have passed since EMPLOYEE's execution ("EFFECTIVE
DATE").
5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE
understands that California Civil Code section 1542 reads as follows:
"General Release--Claims Extin iugu shed"
"A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at
the time of executing the release and that, if known by him or her,
would have materially affected his or her settlement with the debtor
or released party."
EMPLOYEE hereby waives the protection of California Civil Code section 1542.
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01247.0004/752487.8
6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more
detailed specification of the claims being released pursuant to the provisions of Paragraphs 3,4, and
5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each
other party as follows:
7.1. Advice of Counsel: The parties hereto have received independent legal
advice from their respective attorneys concerning the advisability of entering into and executing this
AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge
that they have been represented by counsel of their own choice in the negotiation of this
AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT
fully explained to them by such counsel, or have had such opportunity to do so and that they are
fully aware of the contents of this AGREEMENT and of its legal effect.
7.2. No Fraud in Inducement: No party (nor any officer, agent, employee,
representative, or attorney of or for any party)has made any statement or representation or failed to
make any statement or representation to any other party regarding any fact relied upon in entering
into this AGREEMENT, and neither party relies upon any statement, representation, omission or
promise of any other party in executing this AGREEMENT, or in making the settlement provided
for herein,except as expressly stated in this AGREEMENT.
7.3. Independent Investigation: Each party to this AGREEMENT has made such
investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters
pertaining thereto, as it deems necessary.
7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes
the risk of any misrepresentation, concealment or mistake. If any party should subsequently
discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any
fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such
party shall not be entitled to any relief in connection therewith, including without limitation on the
generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.
This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of
any claims of misrepresentation, promise made without the intent to perform, concealment of fact,
mistake of fact or law,or any other circumstance whatsoever.
7.5. Later Discovery: The parries are aware that they may hereafter discover
claims or facts in addition to or different from those they now know or believe to be true with
respect to the matters related herein. Nevertheless,it is the intention of the parties that EMPLOYEE
fully, finally and forever settle and release all such matters, and all claims relative thereto, which do
now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In
furtherance of such intention, the releases given here shall be, and remain, in effect as full and
complete releases of all such matters, notwithstanding the discovery or existence of any additional
or different claims or facts relative thereto.
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01247.0004/752487.8
7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE
CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities
sustained by them as a direct result of the violation or breach of the covenants, warranties, and
representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE
understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is
responsible, if any, as a result of his receipt of the consideration referred to in Paragraph 3 of this
AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES
harmless for payment of tax obligations as may be required by any federal, state or local taxing
authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this
AGREEMENT.
7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all
such further and additional documents as shall be reasonable, convenient, necessary or desirable to
carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with
consultation services(including deposition or trial testimony)in any litigation involving THE CITY
which is reasonably related to acts or occurrences transpiring during his employment. Said services
shall be provided as needed by THE CITY at a rate of$100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation
date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys,
equipment, computer identification cards or codes, and other equipment or materials or confidential
documents provided to or obtained by EMPLOYEE during the course of his employment with THE
CITY.
7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not
filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or
federal agency or court; that he will not do so at any time hereafter for any claim arising up to and
including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court
assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES
on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to
withdraw from the matter forthwith.
7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material
term of this AGREEMENT that EMPLOYEE has not heretofore 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 and represents
that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned,
conveyed,or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce
the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys' fees
and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into
this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT
to which they are a party or by which they are bound by entering into this AGREEMENT. The
parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is
further represented and agreed that the individuals signing this AGREEMENT on behalf of the
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01247.0004/752487.8
respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the
party on whose behalf this AGREEMENT has been signed.
8. MISCELLANEOUS
8.1. No Admission: Nothing contained herein shall be construed as an admission
by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any
claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2. Governing Law: This AGREEMENT has been executed and delivered
within the State of California, and the rights and obligations of the parties shall be construed and
enforced in accordance with, and governed by,the laws of the State of California.
8.3. Full Integration: This AGREEMENT is the entire agreement between the
parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral
and written agreements and discussions. This AGREEMENT may be amended only by a further
agreement in writing, signed by the parties hereto.
8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to
the benefit of the parties hereto, their respective agents, spouses, employees, representatives,
officials,attorneys,assigns,heirs, and successors in interest.
8.5. Joint Draftin>;: Each party agrees that it has cooperated in the drafting and
preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT,
the parties agree that same shall not be construed against any party.
8.6. Severability: In the event that any term, covenant, condition, provision or
agreement contained in this AGREEMENT is held to be invalid or void by any court of competent
jurisdiction, the invalidity of any such term, covenant, condition,provision or agreement shall in no
way affect any other term, covenant, condition, provision or agreement and the remainder of this
AGREEMENT shall still be in full force and effect.
8.7. Titles: The titles included in this AGREEMENT are for reference only and
are not part of its terms,nor do they in any way modify the terms of this AGREEMENT.
8.8. Counterparts: This AGREEMENT may be executed in counterparts, and
when each party has signed and delivered at least one such counterpart, each counterpart shall be
deemed an original, and, when taken together with other signed counterparts, shall constitute one
AGREEMENT,which shall be binding upon and effective as to all parties.
8.9. Notice: Any and all notices given to any party under this AGREEMENT
shall be given as provided in this paragraph. All notices given to either party shall be made by
certified or registered United States mail, or personal delivery, at the noticing party's discretion,
and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to
have been given on the date of personal service or three (3) consecutive calendar days following
deposit of the same in the United States mail.
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01247.0004/752487.8
As to EMPLOYEE:
At EMPLOYEE's home address on file with THE CITY.
As to THE CITY:
City of Grand Terrace
Attention: City Clerk
22795 Barton Rd.
Grand Terrace, CA 92313
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and
executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed
and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have
approved as to form as of the dates written below.
DATED: EMPLOYEE
By:
KONRAD BOLOWICH
THE CITY
DATED: By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
By:
, City Attorney
[EMPLOYEE's LAW FIRM]
By:
[Counsel]
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