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HomeMy WebLinkAboutResolution - 2004-R0022 - Severance Agreement And Release - Tommy Gonzalez - 01_08_2004RESOLUTION Resolution No. 2004-R0022 January 8, 2004 Item No. 45 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Severance Agreement and Release by and between Tommy Gonzalez and the City of Lubbock, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 8th day of January , 2004. ------------------ ATTEST: Anita Burgess, City Attotney da/ ccdocs/SeveranceAgreement-Tommy Gonzalez. res December 30, 2003 SEVERANCE AGREEMENT AND RELEASE Resolution No. 2004-R0022 January 8, 2004 Item No. 45 This Severance Agreement and Release, sometimes hereinafter referred to as "Agreement", is entered into by and between Tommy Gonzalez (hereinafter referred to as "Gonzalez") and the City of Lubbock (hereinafter referred to as "City"). 1. Consideration. Gonzalez will submit his letter of resignation to the City Council immediately with an effective date of January 8, 2004. A fully executed copy of said letter of resignation is attached hereto as "Exhibit l" and is incorporated by reference herein. Upon receipt of this resignation and his execution of this Severance Agreement and Release, it is agreed that Gonzalez will receive 6 months of severance pay as described in Exhibit "2." The City will provide legal representation to Gonzalez and pay for any claims against Gonzalez pursuant to the terms of the City's insurance contract and pursuant to local, state and federal law regarding any pending or future claims or litigation arising out of Gonzalez' actions during the period of his employment and which were within the scope and authority of his employment and does hereby agree to pay all reasonable and necessary costs, including all attorneys' fees, travel costs or associated expenses incurred in the defense of any such claims. 2. Release. For the consideration herein expressed, the receipt and sufficiency of which is hereby acknowledged, City and Gonzalez do hereby mutually release, acquit and forever discharge each other, their respective predecessors, successors, assigns, owners, City Council, partners, members, managers, officers, employees, directors, legal representatives, insurers, independent contractors, consultants, and their owners and employees, the City Council appointed City Manager Search Committee and the individual members thereof, agents and attorneys (the "Releasees"), of and from any and all liability, claims, demands, damages, attorney's fees, costs, liens, whether statutorily provided or otherwise, expenses, services, actions, causes of action, or suit in equity, for whatsoever kind or nature, heretofore accruing, which Gonzalez or City now has, whether known or unknown, for or because of any matter arising out of Gonzalez' employment, or committed or suffered as a result of Gonzalez' employment with the City of Lubbock. In executing this Agreement Gonzalez and City agree that the settlement and compromise of any claims that might be asserted against the other is in no way to be considered an admission of liability and each expressly Severance Agreement/Release-TG Page I denies liability. This Agreement is entered into in order to avoid future litigation. This Release includes any transaction, occurrence, matter or thing whatsoever, whether known or unknown, arising or occurring due to his employment with City, including, but not limited to, all claims, demands, causes of action of any nature, (whether in contract or in tort) arising out of, under or by virtue of any statute, regulation or common law, that are recognized by law or that may be created or recognized by law or that may be created or recognized in the future in any manner, including without limitation, by statute, regulation or judicial decision, for past, present and future damage or loss, or remedies of any kind that are now recognized by law or that may be created or recognized in the future in any manner, and including but not limited to the following: all actual damages, all exemplary and punitive damages, all compensatory or consequential damages, all penalties of any kind or statutory damages and attorney's fees. 3. Ancillary Agreements. a. This Agreement may be pied as a full and complete defense to any action, suit or other proceeding that may be instituted, prosecuted or attempted for, upon, or in respect of any of the claims released hereby. b. The City hereby waives sovereign immunity from suit insofar and only insofar as necessary to enforce the terms of this Agreement in a court of competent jurisdiction. c. Gonzalez and City hereby represent and warrant that they, and they alone own the Rights, interests, demands, actions, or causes of action, obligations or any other matter covered and/or released by this Agreement (the "Rights") and that they have not transferred, conveyed, pledged, assigned or made any other disposition of the Rights. d. The terms of this Agreement shall inure to the benefit of, and be binding upon Gonzalez, City, Releasees, and their heirs, legal representatives, successors or assigns. e. All signatories to this Agreement hereby warrant that they have the authority to execute this Agreement and to bind the respective parties. . f. This Agreement may not be amended or modified in any respect except by a written instrument duly executed by all the parties to this Agreement. g. All parties agree that this Agreement, the terms of this Agreement, and the facts regarding this Agreement, including the consideration, shall not be publicized except as otherwise required by law or when necessary to enforce the terms of this Agreement. Severance Agreement/Release-TG Page2 h. Each party states that this Agreement, including the foregoing Release, has been carefully read and each party understands the contents thereof and have signed the same as their own respective free act and have not been influenced in making this Agreement by any representative of a party or parties released hereby. 1. Each party has consulted with whatever consultants, attorneys or other advisors each deems appropriate concerning the effect of this Agreement. J. Each party assumes the risk of any mistake of fact or law with regard to any aspect of this Agreement or the Rights released by this Agreement. k. This Agreement states the entire agreement of the parties with respect to the matters discussed herein, and supersedes any and all prior or contemporaneous oral or written understandings, agreements, statements or promises. Executed this 0-fl.i day of January, 2004. c!Orr\ ~ .Jj~/ Tommy Gnzafoz THE STATE OF TEXAS § COUNTY OF LUBBOCK § THESTATEOFTEXAS § COUNTY OF LUBBOCK § This instrument was acknowledged before me on ~~~~,a_, 2004, by Marc McDougal as Mayor of the City of Lubbock, Texas, a T rule municipal corporation. 4. ~-;&-, ,;!.~#'--~-:,.,~ ... ~~~~·· -~~~~-~-~------- , -~·:·,-r:;:>. PAT KIDD i Notary Public i and for the State of Texas ~ t<>:i}\\ NOTARY Pt..:BLIC > My Commission Expires _____ _ }.\~{ .~ l*\ -:o,::itA of Toxas 1 t;}lzE§f~-:;i:?.3:~~~~~~;} Severance Agreement/Release-TG Page3 TO: FROM: RE: Exhibit I City Council Members Tommy Gonzalez, Interim City Manager Employment Resolution No. 2004-R0022 I am hereby tendering my resignation from employment with the City of Lubbock, Texas, effective January 8, 2004. I have been honored to serve as Interim City Manager, and have gained experience as a result of my service. T!?::1z!~ I ( ~/03 Date ' Resignation Azccepted: LA~--t----Marc Mctfoiigal, , ayor /-8-o;( Date Tommy Gonzalez Severance Vacatio~ 2003 2004 Sick Leave (90days @12/15) 6 month salary COBRA (6 months) Dental (6months) LTD (13 pp) Lump Sum Total hours 120 128 576 1040 $161,104.30 @$77.454 @845.82/month @60. 73/month @16. 73/payperiod Amount 9,294.48 9,914.11 44,613.50 80,552.16 5,074.92 364.38 217.49 50,576.68 200,607.73 Resolution No. 2004-R0022 Exhibit "2"