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HomeMy WebLinkAboutResolution 2016-035 Approving Town Manager to execute a separation agreementMARANA RESOLUTION NU, 2016 -035 RELATING TO PERSONNEL; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE A SEPARATION AGREEMENT BETWEEN THE TOWN OF MARANA AND BENITO SANCHEZ III BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is hereby authorized to execute, and the Town's staff is hereby directed and authorized to undertake all other and further tasks required to carry out the terms and obligations of, the separation agreement between the Town of Marana and Benito Sanchez III, attached to acid incorporated by this reference to this resolution as Exhibit A. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this S day of April, 2016. Mayor Ed onea ATTEST: J celyn Oronsoii, Town Clerk �1 -WW NN z .O 7 7 JF0032.DOGX I1 Marana resolution No. 201 SEPARATION AGREEMENT This Agreement effects an agreeable separation of the employment relationship between BENITO SANCHEZ III ( "EMPLOYEE ") and the TOWN OF MA.RANA ("'EMPLOYER"), as well as resolution of any claims, known and unknown, now existing between the parties. The terms of this Agreement are as follows: 1. Separation. EMPLOYEE agrees to voluntarily separate from his employment with EMPLOYER effective April 5, 2016 (hereinafter referred to as the "Separation. Date "), based on the terms of this Separation Agreement. 2. Consideration. Upon execution of this Agreement, and 111 consideration for each of the terms of this Agreement, EMPLOYER will provide EMPLOYEE with the following: a. EMPLOYER shad pay EMPLOYEE severance pay equal to three months' salary, based on EMPLOYEE'S annual base salary as of the Separation Date, less applicable state and federal withholding taxes as required by law. b. The amount payable under paragraph (a), above, shall be paid in a lump sum and shall be made by direct deposit to EMPLOYEE'S bank account currently on record. with EMPLOYER within five business days after the Separation Date. c. If EMPLOYEE elects COBRA (Consolidated Omnibus Budget Reconciliation Act of 1985) continuation coverage for medical, dental and/or vision insurance through EMPLOYER'S COBRA administrator, EMPLOYER will pay 100% of EMPLOYEE'S COBRA. premiums directly to EMPLOYER'S COBRA administrator on EMPLOYEE'S behalf for up to three months. d. EMPLOYER does not make any representations as to the taxability of the payments paid pursuant to subparagraphs (a) and (c) above, and EMPLOYEE agrees that he shall have sole responsibility and be liable for any federal or state takes which may be required by virtue of his receipt of funds or benefits pursuant to this Agreement and agrees to indemnify and hold harmless EMPLOYER against any and all liabilities 'including but not limited to taxes due, penalties assessed for unpaid taxes or any costs or fees incurred by EMPLOYER should the JF0029 DOC I1 SEPARM ION AGREEME 1 1SANCHE7 taxability of any part of the payments or benefits be challenged by any taxing authority. e. EMPLOYEE'S personnel file shall reflect that EMPLOYEE is eligible for rehire with the Town of Marana. EMPLOYEE will direct prospective employers to contact the Town's Human Resources Department for verbal references regarding his employment and the Human. Resources Department shall provide information consistent with this subparagraph (e) and Town Personnel Policies and Procedures. 3. Release and covenant Not To Sue. EMPLOYEE agrees that he will not initiate or cause to be initiated against the TOWN OF MARANA or any of its current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, affiliated entities, or any person or entity acting by, through, under or in concert with it, in both their personal and official capacities, (collectively referred to as "Released Parties ") any lawsuit, compliance review, action, grievance proceeding or appeal, investigation or proceeding of any kind (collectively referred to as "claims "), or participate in same, individually or as a representative or a member of a class, under any contract (express or implied), law or regulation (federal state or local), including but not limited to claims pertaining to or in any way related to his employment or separation of his employment with EMPLOYER. EMPLOYEE agrees that pursuant to this Agreement, he releases and forever discharges EMPLOYER and the other Released Parties from any and all claims, demands, damages, causes of action, and any liability whatsoever, including but not limited to claims on account of or in any manner arising out of EMPLOYEE's employment or separation of employment with EMPLOYER. By way of example only, and without limiting this release, EMPLOYEE releases EMPLOYER and the other Released Parties from any cause of action, right, claim or liability under Title VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the United States Constitution or Arizona Constitution, the Arizona Wage Statute, the Arizona Civil Rights Act, the Arizona Employment Protection Act, the Americans with Disabilities Act, and any other equal employment opportunity law or statute, any due process or other constitutional theory, any Arizona statute, any federal statute, any common law claim including wrongful discharge, implied or express contract, the covenant of good faith and fair dealing, or any other claim in tort or contract arising under any theory of the law. EMPLOYEE understands and acknowledges that this release forever bars hint from suing or otherwise asserting a claim. against EMPLOYER or the other Released Parties on the basis of any event 2 JF0029.DOC /I SEPARATION AGREEMEN /SANC HEM occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim Haight be based is now known or unknown. 4. Provision for Unknown. Claims. EMPLOYEE warrants that he does not have any claim., charge, or complaint, either formal or informal, pending against EMPLOYER or any of the other Released Parties with any court, tribunal, administrative agency, governmental agency, or other such body. EMPLOYEE further waives any right to monetary recovery should any administrative or governmental agency pursue any claim on his behalf. 5. Bar. EMPLOYEE agrees that this Agreement may be pleaded as a complete bar to any action or suit with respect to any claim under federal, state or other law including, but not limited to, any claim relating to his employment or separation of employment from EMPLOYER. 6. Indemnification. EMPLOYEE agrees to indemnify and hold harmless EMPLOYER and the other Released Parties from and against any and all loss, costs, damages or expenses, including without limitation, attorneys' fees, arising out of a breach of this Agreement or the fact that any representation made herein was false when made. 7. Venial of Liability. No provision of this Agreement shall be construed as an admission by EMPLOYEE or EMPLOYER of improper conduct, omissions or liability. 8. Return of Property. EMPLOYEE shall return all property of EMPLOYER in his possession, including, but not limited to, any keys for EMPLOYER's facilities as of the Separation Date. 9. Reemployment. Notwithstanding paragraph Z(e) above, EMPLOYEE agrees that he will not apply for employment with the Town in the future. EMPLOYEE understands and agrees that if he applies for employment with the Town, the Town is under no obligation to consider his application. 10. Complete Agreement. This Agreement sets forth the entire Agreement between the parties. 11. Choice of Law. This Agreement shall be construed, enforced, and governed by the laws of the State of Arizona. 12. Severability. Should any provision of this Agreement be declared or determined by any court to be illegal or invalid, the validity of 3 J F0029, DOC /I SEPARATION A(; REEMENT /SANCH EI the remainin parts, terms or provisions shall not be affected thereb and said ille or invalid part, term or provision shall be deemed not to be a part of this A 13. Effective Date. This A shall be effective as of the si date of the last Part to si this A below. IN WITNESS WHEREOF, the Parties have dul executed this instrument TOWN OF MARANA B GilWrt Davidson Town Mana Date: �� APPROVED AS TO FORM: Vane Fay.41 DepuW own Attori e EMPLOYEE enito Sanchez Date: �T .� 4 JF0029.DOC /ISEPARATION AGREEMENT/SANCHEZ