Res 2006-186 - Laserfiche WebLink

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AGREEMENT This Agreement is entered into between the City of San Marcos (the "City") and Mark B. Taylor (the "Employee"). The City and the Employee agree as follows: 1. Retirement. The Employee agrees to submit a letter of retirement effective as of January 2, 2007 (the "Retirement Date"). The Employee's employment with the City as City Attorney will end as of the Retirement Date. 2. Payments to Employee. The City agrees to pay the Employee, in addition to salary through the Retirement Date, A) six months salary, and B) the Employee's accrued and unused vacation leave (not to exceed 90 days) and sick leave (not to exceed 90 days) as of the Retirement Date. This payment will be made on or about January 31, 2007. The City also agrees to make the usual contributions to the Employee's ICMA and TMRS accounts connected with the salary and leave payment under A) and B) above, 3. Transition Period. During the period from the date of this agreement through the Retirement Date, the Employee agrees to serve in a transition capacity. During this period, the Employee will remain available by phone to the City Manager and other key City staff members, and the Employee will be available to attend meetings at the City Manager's request. However, the Employee will not be required to keep regular office hours, and the City will designate another staff member to supervise the City Legal Department staff. In the event the City and the Employee mutually agree to an extension of the Employee's performance of any services after the Retirement Date, this agreement may be amended to specify the services to be performed and the compensation to be paid. 4. By signing this Agreement, the Employee agrees to the following: a. Release and Waiver of Riehts. The Employee releases the City and its officers and employees (collectively the "Released Parties") from any and all claims, complaints, liabilities, damages, causes of action, suits, rights, costs, and expenses (including attorneys' fees) of any nature relating to the Employee's employment with the City or to his retirement from employment with the City arising under federal, state or local law. b. Covenant Not to Sue. The Employee agrees that he will not bring any legal action against the Released Parties for any claim waived under this agreement. c. ADEA Claims. The claims waived and discharged and the covenant not to sue in this Section 4 of the agreement do not include claims under the Age Discrimination in Employment Act (ADEA); such claims are covered in Section 5 below. d. Return of Property. The Employee agrees to return all City property in his possession, including but not limited to keys, identification cards, credit cards, computer equipment, and telephone, to the office of the City Manager by 5:00 p.m. on December 29,2006. 5. Release and Waiver and Covenant Not to Sue Under the ADEA. By signing this agreement, the Employee agrees to the following: