RESIGNATION, SEVERANCE AND RELEASE AGREEMENT ‘This Resignation, Severance and Release Agreement (“Agreement”) is made and entered inno by and between The City of Sunland Park, New Mexico, through its Governing Body, and ‘Michael Martinez. The City is referred to herein as “Employer” and Mr. Marti herein as “Employee”; Employee and Employer are referred to jointly a Recitals A. Employee has been employed by Employer as its City Manager since August 10, 2020, B. Employee's current Employment Agreement with Employer is to run through December 28, 2026, wil the automatic annual renewal of the contract thereafter. . The Parties desire that Employee be allowed to resign and that the resignation and ‘separation go into effec in a positive and constructive manner without disagreements cor disputes. D. The Parties have developed the mutually-agreeable form of this Agreement covering the terms of Employee's resignation and separation from employment with Employer. M.Terms In corsideration ofthe mutual promises, covenants and agreements contained hercin, the adequacy and sufficiency of whichare hereby acknowledged, the Parties agree as follows A. Resignation Date: Employee resigns his employment with the City effective thy (30) days from the date tis Agreement is executed by all artes 1. Until the effective date of his resignation, Employee shall continue to receive huis normal salary and benefits. 2. Employee's final paycheck shall be issued following the effective date of his resignation consistent with Section 11-5 ofthe City of Sunland Park Personnel Policy. E. Consideration and Release 1. Employer agrees to pay Employee a severa rent $100,000. all deductions and withholdings required by law ("Severance Payment") a. The Severance Payment shall be made by the City in the following Page t of ¢i, Employee stall be issued the same monthly salary amount he ‘would have received but for his resignation on the frst business days of October 2022, November 2022, and December 2022 fi, Employee shall_be issued the remainder of the Severance Payment on the first business day of January 2023, b. All increments of the Severance Payment shall be istued electronically to Employee. 2. Employer's Governing Body will in good faith, consider a pay scale adjustment 10 provide raises to City employees. 3. In consideration for the above promises by Employer to Employee, the adequacy of which is acknowledged by both Parties, the Employee, his beneficiaries, successors and assigns waive release and discharge the Employer and its current and former elected officals, Councilors, officers, managers, supervisors, directors, depertments, atomneys, representatives, predecessors, insurers, successors, assigns, employees, and agents from all Hibilites, claims, demands, and causes of ation, knoun of unknown, fixed or contingent, arising {nthe past, present, or future which Employee may personally have or claim to hhave against the Employer. This release includes but isnot limited to: a. All claims relating to the conduct of any curtent or former elected officials, Councilors, officers, managers, supervisors, directors, attomeys, representatives, insuters, successors, assigns, employees, agents ofthe Employer, All claims for loss or damage arising out of or in any way connected, ‘with Employee's employment with Employer or Employee's separation from employment with Employer; © All claims arising from any federal, state or local laws, rules, regulations, or constitutions; and 4. Any and all other claims, whether arising from express or implied contact, tr, public poliey, or the common law as to any relief, including but nt limited to declaratory relief, injunctive relief, wages, backpay, front pay, pay in liew of notice, reinstatement, liquidated damages, compensatory damages, punitive damages, costs and atiomey’s fees. is the intent ofthe parties hat this bea fully binding and complete release of claims from Employee to Employer, and each party's agents, suecessors and assigns tothe fllest extent permitted by law. Page 2 offi. Employee agrees that he will make available tothe Employer's designee all passwords and logins relevant to his position as the City Manager and agrees to return to the Designee, all property of Employer in his possession that Employee has used for business on or before the effective dae of his resignation Employee agrees that, duting the thirty (30) days following execution of this ‘Agreement, he will attend to his normal employment duties and will, in good faith, ‘work with the Mayor to ensure an orderly transition for the welfare of the ongoing. ‘opetations ofthe City. ‘This Agreement contains the entice understarding of the Parties, and there aze no: representations, warranties, covenants or undertakings other than those expressly set forth in this Agreement ‘This Agreement shall not be modified except i writing signed by all Parties, ‘The Parties agree that they have been given an opportunity to consult with legal counsel cconceming this Agreement, whether or not they have elected to do so, and have read and fully understand the effect ofthis Agreement ‘This Agreement supersedes any prior agreetrents, understandings, or negotiations, whether writen oF oral. All Parties agree that each paragraph and component ofthis Agreement is a material term and that failure to comply with any ofthe provisions contained herein constitutes 4 material breach of this Agreement. ‘This Agreement shall be governed and construed in accordance with the laws of the State of New Mexico and any applicable Federal statutory laws, The venue for any dispute relating to this Agreement shall be New Mexico's Third Judicial District. The effective date ofthis Agreement isthe date upon which It is executed by all Parties ‘The Parties agree that this Agreement may be executed in two or more counterparts, cach of which shall constitute an original and binding copy ofthis Agreement Page 3 of tPARTY SIGNATURES Mila f CITY OF SUNLAND PARK NEW MEXICO / \ Atl Dente. Maybr Javier Perea Date Oesfer Page4 of 4