13 EXHIBIT A
GENERAL RELEASE AGREEMENT
This General Release Agreement ("Agreement") is entered into by and between ROBERT DUNN II ("Dunn") and CITY OF FULLERTON ("City"), in light of the following facts:
A. Dunn's employment with City concluded on (date.)
B. Certain disputes have arisen between City and Dunn.
C. City and Dunn each deny any liability whatsoever to the other.
D. City and Dunn wish to fully and finally resolve any and all disputes they may have with each other.
E. Dunn is hereby informed that he has twenty -one (21) days from receipt of t his Agreement to consider it. City hereby advises Dunn to consult with his legal counsel before signing this Agreement.
F. Dunn acknowledges that for a period of seven (7) days following the signing of this Agreement ("Revocation Period"), he may revoke the Agreement. This Agreement shall not become effective or enforceable until the day the Revocation Period has expired.
G. Dunn acknowledges that the Salary Payment referenced in subsection 1 below represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination. Dunn also acknowledges that City has made this Salary Payment without regard to whether he signs this Agreement. The Salary Payment does not constitute consideration for this Agreement. Dunn acknowledges that the Severance referenced in subsection 2 below is in excess of all amounts that are due and owing to him as a result of his employment by City.
1. Receipt of Salary Payment. Dunn hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances and reimbursed expenses ("Salary Payment") from City.
2. Severance. Within ten (10) days following Dunn's signing, delivering to the City Council, and not revoking this Agreement, City shall pay Dunn the gross amount provided for in Section 9 of the Employment Agreement effective , 2019, less applicable deductions, and shall provide the months of medical benefits as provided in that same Section 9 ("Severance"). Dunn acknowledges that the Severance is in excess of all amounts due and owing him as a resul t of his employment by City.
3. General Release. In consideration of the Severance to be paid and provided to Dunn, and other good and valuable consideration, Dunn hereby releases and 14 discharges City and its past and present City Council Members, employees, representatives and agents, from all rights, claims, causes of action, and damages, both known and unknown, in law or in equity, concerning and/or arising out of his employment with City which he now has, or ever had, including but not limited to any rights, claims, causes of action or damages arising under Title VII of the Civil Rights Act of 1964, the Vocational Rehabilitation Act of 1973, the Dunn Retirement Income Security Act, the Americans with Disabilities Act, the Age Discrimination in Employment A ct, the Older Workers Benefits Protection Act, the Family and Medical Leave Act of 1993, the Domestic Partners Act of 2003, the California Labor Code, the Private Attorneys General Act of 2004, the California Moore- Brown- Roberti Family Rights Act, the California Unruh Civil Rights Act, the California Fair Employment and Housing Act, any other federal, state, or local employment practice legislation, or any federal or state common law, including wrongful discharge, breach of express or implied contract, or breach of public policy.
Dunn hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Dunn understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and its past and present City Council Members, employees, representatives and agents, Dunn expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor.
Dunn further acknowledges that he has read this Gener al Release and that he understands that this is a general release, and that he intends to be legally bound by the same.
4. Fees. Dunn and City agree that in the event of litigation relating to this General Release Agreement, the prevailing party shall not be entitled to recover his/its reasonable attorneys' fees.
CITY OF FULLERTON ROBERT DUNN II
Fred Jung, Mayor Robert Dunn II
Dated: Dated:
15 Approved as to Form:
Richard D. Jones, City Attorney
Dated:
Attest:
Lucinda Williams, City Clerk
Dated: