HomeMy WebLinkAboutHR Compensation & Release of Claims AgreementCOMPENSATION AGREEMENT AND RELEASE OF CLAIMS
THIS COMPENSATION AGREEMENT AND RELEASE OF CLAIMS ("Agreement") is
entered into this 12th day of October 2021, by and between the City of San Rafael, a California
charter city ("City"), and CHRISTINE FOSTER, an employee of the City of San Rafael
("Employee").
A. Employee has been a regular full-time employee of the City since June 1, 2016.
B. During calendar year 2020, the City activated its Emergency Operations Center
("EOC") to facilitate the City's emergency response to the COVID-19 pandemic and the public
health and shelter -in-place orders imposed by the State of California and the County of Marin.
Employee was an active and important member of the City's EOC, acting as one of the City's
Public Information Officers.
C. City and Employee agree that from time to time in the course of Employee's work
in the EOC, and during the period from March 2020 to September 2020, Employee worked
overtime to provide timely and complete emergency communications to the San Rafael
community; however there is uncertainty as to the total number of overtime hours Employee
worked during this period as there is a discrepancy in the overtime hours shown in Employee's
personal work records (288 hours) and the total number of overtime hours shown as overtime in
the required EOC time records she logged as part of the EOC time reporting (46 hours).
D. City acknowledges that Employee worked overtime in the EOC and both parties
acknowledge that neither the City's EOC time records nor Employee's personal records of
Employee's overtime hours is clearly correct and/or fully substantiated. Therefore, in the
interests of resolving the discrepancy in timekeeping records with certainty and acknowledging
Employee's overtime hours worked in the EOC, the parties desire to agree upon a reasonable
payment to Employee to compensate her for overtime hours worked in the EOC during the
COVID-19 response in 2020.
NOW, THEREFORE, City and Employee agree as follows:
1. Employee Representations Bpgarding Claims. Employee represents there are no
actions at law or administrative proceedings currently pending which concern allegations based
on Employee's compensation by the City or based on any act or failure to act by the City
affecting, involving, or relating to Employee and her employment with the City.
2. Overtime Payment. As full and final compensation to Employee for all overtime
hours Employee worked in the EOC during calendar year 2020, City will pay Employee the sum
of TEN THOUSAND DOLLARS ($10,000) (hereafter, the "Overtime Payment"). City will make
such payment to Employee as part of the October 29, 2021 paycheck.
3. No Admission of Liabii�� This Agreement and compliance with this Agreement
shall not be construed as an admission of any liability by either Employee or the City of any
unlawful or wrongful acts by either party, individually or collectively. The parties disclaim liability
as to or for any and all wrongful acts against each other.
4. Waiver and Release. In consideration of City's payment of the Overtime
Payment to Employee, Employee, on behalf of herself and her heirs, successors, and assigns,
hereby releases and forever discharges City, and its officers, agents and employees
(collectively, the "Released Parties"), from any and all claims, complaints, demands and causes
of action, known or unknown, suspected or unsuspected, fixed or contingent, which she may
have or which may have arisen prior to the effective date of this Agreement related to overtime
hours worked by Employee in the EOC during calendar year 2020. As a further consideration
and inducement for this Agreement, and to the extent permitted by law, Employee hereby
waives and releases any and all rights under California Civil Code Section 1542 that she has or
may have with respect to any claims against City and any of the other Released Parties.
California Civil Code section 1542 reads as follows:
A general release does not extend to claims that the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
Employee hereby expressly agrees that this Agreement shall extend and apply to all
unknown, unsuspected, and unanticipated claims, injuries, losses and damages as well as
those that are now known and/or disclosed.
5. Protected Ri_ght_s. Employee and City agree that nothing in this Agreement is
intended to or shall be construed to affect, limit or otherwise interfere with any non-waivable
right of Employee under any Federal, state or local law, including but not limited to, the right to
enforce this Agreement and recover for any breach of it, rights under California Labor Code
Sections 2802 and 2804, the right to file a charge or participate in an investigation or proceeding
conducted by the Equal Employment Opportunity Commission ("EEOC") or to exercise any
other right that cannot be waived under applicable law.
6. No Precedent. The parties specifically acknowledge and agree that this
Agreement is a compromise which shall not operate, nor be considered, as evidence of a
practice or past practice of the City or a precedent in the future. Nothing in this Agreement shall
be deemed to authorize Employee to perform overtime work for the City absent express
authorization to do so by Employee's supervisor.
7. Acknowledgement of Voluntary Execution. Employee has carefully read this
Agreement and understands the contents. Employee has been afforded the opportunity to
consult with her own attorney regarding this Agreement. Employee freely, knowingly, and
voluntarily enters into this Agreement without any duress or undue influence on the part of any
person released by this Agreement, or by any third party. Employee warrants and represents
that she has the mental and emotional capacity to understand the provisions of this Agreement
and its effects upon her legal rights.
Employee's Initials: -
8. Entire Agreement. This Agreement sets forth the entire agreement between the
parties and supersedes any and all prior agreements or understandings, written or oral,
between the parties pertaining to the subject matter hereof. No other promises or agreements
shall be binding upon the parties with respect to the subject matter of this Agreement unless
contained herein or separately agreed to in writing by the parties. This Agreement may not be
modified except by a writing signed by Employee and the City Manager.
9. Applicable Law. This Agreement shall be governed by the laws of the State of
California, and shall in all respects, be interpreted and enforced under the laws of the State of
California. Litigation arising out of or connected with this Agreement shall be instituted and
maintained in the courts of Marin County in the State of California, and the parties consent to
jurisdiction over their person and over the subject matter of any such litigation in such court, and
consent to service of process issued by such court.
10. Waiver. Waiver by either party of any default, breach or condition precedent
shall not be construed as a waiver of any other default, breach or condition precedent or any
other right hereunder.
11. Counterparts, This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such counterparts, taken
together, shall constitute one and the same instrument.
12. Attorney's Fees and Costs. Each party shall bear all attorney's fees and costs
arising from and/or in any way related to the actions of its own counsel with regard to the
negotiation and creation of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year written below.
Dated:
Oct 13, 2021
Dated:
APPROVED AS TO FORM:
Llfa,4 Gal ' .eft Ci�y A to
lila k GOldl-en, A;,A. City hely (Oct 13, 2021 14 9➢ r T)
Robert F. Epstein, City Attorney
EMPLOYEE
Christine Foster
CITY OF SAN RAFAEL
ATTEST:
Lindsay Lara (Oct 13, 202116:49 PDT)
Lindsay Lara, City Clerk
Proposed
Final Audit Report
Payment Agreement 10.7.21 (002)
2021-10-13
Created: 2021-10-13
By: Jennifer Alcantara Qennifer.alcantara@cityofsanrafael.org)
Status: Signed
Transaction ID: CBJCHBCAABAAcHwxBMZOg6NyS8UGBOnrIJbE2WuApWpZ
"Proposed Payment Agreement 10.7.21 (002)" History
Document created by Jennifer Alcantara (Jennifer.alcantara@cityofsanrafael.org)
2021-10-13 - 9:53:57 PM GMT- IP address: 199.88.89.34
Document emailed to Lisa A. Goldfien, Asst. City Atty (lisa.goldfien@cityofsanrafael.org) for signature
2021-10-13 - 9:54:38 PM GMT
Email viewed by Lisa A. Goldfien, Asst. City Atty (lisa.goldfien@cityofsanrafael.org)
2021-10-13 - 9:56:08 PM GMT- IP address: 199.88.89.34
iva Document e -signed by Lisa A. Goldfien, Asst. City Atty (lisa.goldfien@cityofsanrafael.org)
Signature Date: 2021-10-13 - 9:57:05 PM GMT - Time Source: server- IP address: 199.88.89.34
Document emailed to Lindsay Lara (lindsay.lara@cityofsanrafael.org) for signature
2021-10-13 - 9:57:07 PM GMT
Email viewed by Lindsay Lara (lindsay.lara@cityofsanrafael.org)
2021-10-13 -11:49:33 PM GMT- IP address: 67.169.52.201
6@ Document e -signed by Lindsay Lara (lindsay.lara@cityofsanrafael.org)
Signature Date: 2021-10-13 - 11:49:53 PM GMT - Time Source: server- IP address: 67.169.52.201
Agreement completed.
2021-10-13 -11:49:53 PM GMT
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