SEPARATION AGREE! NT AND RELEASE OF CLAIMS, ‘THIS SEPARATION AGREEMENT AND RELEASE OF CLAIMS (“Agreement”) is entered into by and between Charlene R, Stevens ("Fmployee”) and the City of Willmar, 3 Minnesota Municipal Corperation (“City”). Employee and the City are collectively referred to as the patties WHEREAS. the City currently employs Employee as its City Administrator: and WHEREAS, the City and City Administrator are parties to an Employment Agreement that details separation matters; and WHEREAS, the City Administrator is subject to the City’s Personnel Policies that detail separation matters; and WHEREAS, the parties areemtering into this Agreement because Employee and the City ‘mutually desire to conclude their employment relationship in an amicable manner, to resolve all existing or potential claims that may exist and to ensure that no potential claims oF eonits NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained in this ‘Agreement, the elinguishment of certain legal rights, and other valuable consideration, the sulfieiency of which is acknowledged, the parties agree as follows; 1. Effeetive Date. Pursuant to Minnesota Statutes §465,722, the effective date of this ‘Agreement will be fifteen (15) days alter approval by the City Council at a public Imecting, Prior 10 che effective date, ether the City or Employee may rescind this ‘Agreement, 2. Irrevocable Resignation, Employee hereby resigns from all employment with the City effective thity days after this Agreement has been approved by the City Council Employee's resignation is voluntary and ean be rescinded at any time within fiteen days after this Agreement has been approved by the City Coun fer that date Employee's ‘resignation will be irevocable Severance Pursuant to Employment Agreement and Personnel Policies. Pursuant to the torme of the Employment Agreement between Employee and the City and the City’s Personnel Policies, Employee will receive the following payments following her separation from the City A lump sum payment which is equivalent 1o six (6) months’ salary. ‘This amount will be characterized as income and will be subject to applicable federal and state taxes, employment faxes, and other customary withholdings but will not besubject to PERA except as may otherwise be required by law, and City contributions us verified by the City's personne records b. Payment for 100% of accrued and unused vacation and sick leave. This amount will be characterized as income and will be subject to applicable federal and state taxes, employment taxes, and other customary withholdings but will ot be subject fo PERA except as may otherwise be required by law, and City contributions as verified by the City’s personnel records © Continuation ofall group insurance benefits, including dependent coverage, described in paragraph 12 of her employment agreement withthe City for Wwelve months following her last day of work forthe City 4, ‘Transition Expense. The City shall eimburse Employee up to $5,000.00 for wansition expenses that Empleyee incurs in 2015 and 2016 in finding employment, Transition expenses include travel, lodging and attendance atthe ICMA conference, the Minnesota League of Cities conference, the MCMA conference, Advanced Management functions, ‘outplacement service, resume preparation, employment and reeruitment ageney services Employee will provide receipts of such expenses prior to reimbursement 5. Attorney's Fees. Within twenty (20) calendar days ater her last day of employment, the City hall reimburse 2mployee $2,500.00 for her attomey’s fees 6. Payment for Disputed Claims. Within twenty (20) calendar day’ following Employee"s last day of work forthe City, the City shall pay Employee $50,000.00 in settlement of and release of all existing o potential claims as noted in this Agreement, 7. NoFurther Claim to Compensation. ‘This Agreement fully and completely satisfies any and all obligations between Employee an the City tht arise out of or relate to her ‘employment and resignation. Employee has no claim to any compensation from the City, in any form, beyond the compensation that is specifically described inthis Agreement. 8, Release of Claims by City. In consideration ofthe terms and benefits deseribed in this, ‘Agreement, and as an inducement for Employee to enter into this Agreement, the City hereby fully and completely releases, aequts, and forever discharges Employee and her attomeys, agents, representatives, insurers, heirs executors assigns, and other ailiates from any and all ability for any and all damages, netions, or claims, regardless of whether they are known of unknown ‘asserted r unset hs aise ‘ut of orrelate to any action, decision, event fet or circumstance occuring before the City signs this Agreement. The City Council understands and agrees that by signing this ‘Agreement itis waiving und releasing any an all elaims, complaints, causes of action, and demands of any sind against Employee tht are based on or arise under any federal or State law, including but not limited to the federal constitution, the state constitution, and any federal or state satute, regulation, rule, or common law. ‘Agreement and Release of Chi Page 2 of 2Release of Claims by Employee. In consideration ofthe terms and benefits deseribed inthis Agreement, and as an inducement for the City to enter into this Agreement, Employee hereby fuly and completely releases, aequits, and forever discharges the its current and former elected officials, its curent and former officers, its cuent and former employees, and its current and former bodies, agents, representatives, insurers, attomeys, and other afiiates from any and all ibility for any and all damages, actions, or claims, regardless of whether they are known or unknown, director indirect, asserted ‘or unasserted, that arse out of or relate to any seton, decision, event, fact, of circumstance occurring before Employee signs this Agreement. Employee understands and agrees that by signing this Agreement she is waiving and releasing any and all claims, complaints, causes of action, and demands of any kind that are based on or arise lunder any Federal, suite, or local la, including but not limited tothe federal constitution, the state constitution, the City Charter, any Federal oF state statute, regulation, rule, any local ordinance, or common law: which Employee may have against the City arising out oer employment withthe City o separation therefrom including, but not lnited to, claims for breach of contract; breach of personnel policies ‘or regulations; beac’ of fiduciary duty; fraud or mistepresentation; violation ofthe Minnesota Human Rights Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act, Family and Medical Leave Act, Minnesota Whistleblower Act, the Minnesota and federal Fair Labor Standards Acts, Minnesota Open Meeting Lav. ‘unauthorized or improper releases of private or confidential data related tothe Employee in Violation ofthe Minnesota Government Data Practices Act denial of due process; defamation; intentional or negligent infliction oF emotional distress; breach ofthe covenant of good faih and fair dealing; promissory estoppel; negligence; wrongful {ermination of empleyment; and any other claims for unlawful employment practices; except she does not waive any claim or eause of aetion she may have under Minnesota Statutes, Section 46607, iy, sd, By signing this Agreement, neither the City nor Employee is ngany tights or claims that are based solely on events that oceur after is signed, or any right to institute legal action for the purpose of enforcing this Agreement. Additionally, Employee does not waive the following: (a) any right to apply for unemploynient compensation benelits;(b) any claims arising under the ‘Workers’ Compensation Act; or (c) any right to file a charge with a governmental ‘agency, including the Equal Employment Opportunity Commission, although Employce agrees that she will nt be able to recover any award of compensation, damages, or any ‘ther monies if she files charge or complaint or has a charge or complaint filed on her behalf with any federal, state, of local government agency” Acceptance Period. Employee has the right to review and consider this Agreement for & period of twenty-one (21) calendar days after receiving it. Employee is advised to seek ‘he advice of legal ecunsel regarding this Agreement. If Employee signs this Agreement before twenty-one (21) calendar days have elapsed from the date on which she first received a copy of the Agreement to review, she will be voluntarily waiving her right to the twenty-one (21) éay review period ‘Agreement and Release of Claims Page 30131. Revocation Under the ADEA. Employee recognizes that by signing this Agreement she is waiving and releasing any employment discrimination, retaliation, or other claims that she might have under the Age Diserimination in Employment Act (“ADEA”), After Employee signs this Agreement, she will have seven (7) calendar days to revoke het ‘waiver and release ef any claims arising under the ADEA. This ight of revocation applies only to claims arising under the ADEA. Fora revocation ofelaims under the ADEA to be effective, it must be delivered to Robert Scott, 525 Park Street, Suite 470, St, Paul, MN 55103 either personaly or by United States mail within the seven-day period. If delivered by mail, the revocation must be postmarked within the seven-day’ period, properly addressed 10 Robert Scott at the above-listed address and sent by ‘certified mail, retur receipt requested Rescission Under the MHRA. Employee recognizes that by signing this Agreement she is waiving and releasing any employment discrimination and retaliation claims that she ‘might have under the Minnesota Human Rights Act (°MHRA"). Under the MHRA (Minnesota Statutes $3634.31), Employee has the right to rescind her release of claims in ‘writing within fittee (15) calendar days aftr signing it, Ths right of rescission applies only to any claims asing under the MHRA. For a rescission of claims arising under the MHRA to be effective, it must be delivered to Robert Scot, 525 Park Steet, Suite 470, Si. Paul, MN 55103, either personally or by United States mail within the filteen-day Period. If delivered by mail, the escission must be postmarked within the fiflen-day Petiod, properly addressed 10 Robert Scott atthe above-listed address and sent by certified mai, return receipt requested Effect of Rescission of Release of Claims. 1f Employce revokes or rescinds any part of the Release of All Caims in this Agreement, paragraphs 4, 5,6 and 7 of this Agreement ‘will automatically be rescinded without further action by either party Prohibition on Disclosing Certain Data or Making Certain Statements. Employee will not release, discuss or comment on the following data: (1) not public non-personel City data of any nature; or 2) private data that identities other City employees. Employze will nt make any disparaging or defamatory statements concerning any aspect of her employment relationship with the City to the extent such statements are not protected speech. City will not make any disparaging or defamatory statements concernirg any aspect of its employment relationship with Emplayee. This Article doesnot apply to any data disclosed by the City to a party requesting or compelling dslosure of such data if required by law. Return of Property. Employee agrees to immediately return any and City property that is in her possession with the exception of the City's IPad which is transferred to the ownership of Employee . The City will provide Employee with a reasonable opportunity to remove her persoral effects from her oice in a manner that is not embarrassing and at atime when other City staf are not presen. ‘Agreement and Release of Claims Page dor18, 20, 21 Representation by Counsel. Employee acknowledges that she has been represented by [egal counsel of her wn choosing with respect to this Agreement and all matters covered by and relating to it. Employee Further agrees and represents that she has not received or relied upon any advice or representations by the City or the Citys counsel in entering into this Agreement. The partes acknowledge that they have consulted with their own Jegal counsel, that they have thoroughly read and understand the terms of this Agreement, tnd that they are voluntarily entering into this Agreement. No Admission of Wrongdoing. Nothing inthis Agreement may be construed to be an admission of liability or wrongdoing by, against, or on behalf ofthe City or Employee. ‘Any form of wrongdoing or liability is expressly denied by the City and its representatives and by Employee and her representatives, No Precedent or Practice. This Agreement is solely forthe purpose of resolving the ‘matters described inthis Agreement and based on the unique circumstances ofthis ratte, The terms 0” this Agreement do not have any precedential value beyond this, ‘Agreement, nor do they establish any binding practice. Choice of Law, Forum and Severability. ‘This Agreement is governed by the laws of the State of Minnescta regardless of Employee's domicile or status as a resident of Minnesota or any other state. The parties agree thatthe Minnesota state and federal ‘courts will have exclusive jurisdiction over any dispute arising out ofthis Agreement. If ‘a court determines that any part of this Agreement is unlawful or unenforceable, the remaining portions cf the Agreement will remain in full force and effect, Entire Agreement. This Agreement constitutes the entire agroement between the parties relating to Employee's employment and separation from employment with the City. No party has relied upon any statements, promises, or representations that are not stated in this document. No changes to this Agreement are valid unless they are in writing and signed by all parties. A copy of this Agreement will have the same legal effect as the original. na Release of Claims Page Sof 5IN WITNESS WHEREOF, the parties have approved and executed this Agreement on the dates shown by their signatures Date EE 1 crry oF WILLMAR pate_ 2 ~2Z- 2015~ Lees, = ‘arin Clin: Mayor Date: F-AP- 201 By: in Halliday, Cy ‘Agreement and Release of Claims Page 6 of 6