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HomeMy WebLinkAboutSteve Berry-2009-11 (2) SETTLEMENT AND RELEASE AGREEMENT RECITALS THIS SETTLEMENT AND RELEASE AGREEMENT is hereby made by and among the City of Grand Terrace (the"City) and Grand Terrace Redevelopment Agency, the ("Agency")and Steve Berry(jointly,the"Parties")as follows: WHEREAS, Steve Berry has been employed by the City and Agency as Assistant City Manager/Assistant Executive Director; and WHEREAS, in June, as a result of a debilitating medical condition which prevented the City Manager from performing his duties, Mr. Berry was appointed Interim City Manager and subsequently,Acting City Manager; and WHEREAS, on July 28, 2008, the City Council terminated Mr. Berry's temporary appointment as Acting City Manager; and WHEREAS, Mr. Berry consequently resumed his position as Assistant City Manager; however, as a result of said position having been eliminated from the 2009-10 City and Agency budgets, Mr. Berry was laid off effective August 1,2009; and WHEREAS, the basis for the City Council's decision was not based upon Mr. Berry's integrity or skills, nor intended to reflect negatively thereon, but rather was based upon the City Council's belief that the current circumstances prevented Mr. Berry from providing the necessary leadership to the staff and community. WHEREAS, rather than pursue any legal remedies as Mr. Berry believes may exist, in settlement of any potential claims as reflected in this Agreement, the Parties have reached this agreement, and AGREEMENT A. The Parties agree that the foregoing recitals are true and correct and are incorporated herein as if set forth in full hereat. B. For and in consideration of this Agreement, in lieu of immediate layoff, the City agrees to place Mr. Berry on paid leave through September 30, 2009, at which time his employment will be concluded. During that time, the City shall pay Mr. Berry's insurance premiums as the City has to date. Mr. Berry will be compensated at the rate for Assistant City Manager. Following the conclusion of his employment, Mr. Berry will be reimbursed for one (1) month of any health insurance premium he pays pursuant to the provisions of COBRA. C. For and in consideration of that consideration related in Paragraph B above, the undersigned Steve Berry ("Releasor") does hereby release, acquit and forever discharge the City of Grand Terrace and the Redevelopment Agency of the City of Grand Terrace, their elected officials, officers, agents, servants, successors, and employees, ("Releasees") of and from any and all claims, actions, judgments, causes of action, demands, rights, damages, costs, loss of service, expenses, and compensation whatsoever, which the Releasor now has no matter when the same arose, or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen, damages and the consequences thereof, resulting or to result, from the termination of Releasor's employment status. Said consideration is made with the understanding that all claims are resolved, in their entirety. It is the intent of this Agreement to compromise any and all claims which the Releasor now has or may hereafter acquire in any manner by reason of,or even remotely arising out of the Releasor's termination of employment. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not to be construed as an admission of liability on the part of the party or parties hereby released, and that said parties deny liability therefore and intend merely to avoid litigation and to buy their peace. It is further understood and agreed that all rights under Section 1542 of the Civil Code of California and any similar law of any state or territory of the United States are hereby expressly waived. Said Section reads as follows: "1542. Certain claims not affected by general release. A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor." The undersigned represents and warrants that no portion of any claim, right, lien, demand, action, or cause of action, that Releasor has or might have arising out of said occurrence against said released parties has been assigned or transferred in any manner, including by way of subrogation or operation of law except as herein noted and expected. Mr. Steve Berry does declare and represent that he is effecting this Settlement and executing this Release after having received full legal advice as to his rights from legal counsel. This Release contains the entire Agreement between the parties hereto, and the terms of this Settlement and Release Agreement are contractual and not a mere recital. 2 • Mr. Berry further states that he has carefully read the foregoing Settlement and Release Agreement and knows the contents thereof, and has hereto signed the same as his own free act. Executed on this day of August, 2009 at Grand Terrace, California. By: S r - + / Steve Berry CITY OF GRAND TE E AND GRAND TERRACE REDEVELOPMENT AGENCY By: /.t.G�// Maryett erre, Mayor and Chairperson Approved as to orm and Content: B law John R. H: . ity Attorney 3 CTC ?CX -1-It EXCERPT FROM MINUTES OF MEETING CITY COUNCIL, CITY OF GRAND TERRACE, CALIFORNIA HELD JULY 28, 2009 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers of the City Council at 22795 Barton Road, in the City of Grand Terrace, at the hour of 6:00 p.m. on the 28th day of July, 2009, with Mayor Maryetta Ferro presiding. ROLL CALL: PRESENT: Mayor Maryetta Ferro, Mayor Pro Tern Lee Ann Garcia, Councilmembers Bea Cortes, Jim Miller, and Walt Stanckiewitz ABSENT: None A quorum of the City Council was present. CLOSED SESSION 9A. Pursuant to Government Code Section 54957(b)(1) to Consider the Appointment of Acting City Manager Pursuant to GTMC 2.08.030 CC-2009-99 MOTION BY MAYOR FERRE, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0-0-1 (COUNCILMEMBER MILLER ABSTAINED),that this decision by the Council is not intended to reflect on Steve Berry's integrity or skills. The Council however, feels that under the current circumstances it is impossible for Steve to provide the leadership of staff and the City necessary to continue as Acting City Manager. The City Council therefore names Bernie Simon as the Acting City Manager until the City selects a permanent City Manager. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO )ss. CITY OF GRAND TERRACE I,BRENDA MESA,City Clerk of the City of Grand Terrace,California,DO HEREBY CERTIFY that the foregoing is a full and correct excerpt of the minutes of the meeting of the City Council held on the 28th day of July, 2009. M BRENDA MESA CITY CLERK This 11'h day of August, 2009. August 6, 2009 Acknowledgement to Settlement, Retirement and Release Agreement between the City of Grand Terrace and Thomas Schwab dated June 15, 2009. Funds representing amounts to purchase four additional years PERS retirement will be transferred to a personal account designated by Mr. Schwab in order to purchase "air time". Both parties acknowledge that the amount presented to support is an estimate that may change. The amount appropriated as part of the approved FY 2009-10 will be used accordingly to settle the amount due. Signed, Thomas J. Sc ab Bernie Simon, Acting City Manager