HomeMy WebLinkAboutItem 07 City Attorney Employment Contract AGENDA ITEM SUMMARY Meeting Date: 4/2/2018
Meeting Type: Regular Meeting
Staff Contact/Dept.: Chaim Hertz, Human Resources Director
Staff Phone No: 541-726-3787
Estimated Time: Consent Calendar S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Provide Financially
Responsible and Innovative Government Services ITEM TITLE: CITY ATTORNEY EMPLOYMENT CONTRACT
ACTION
REQUESTED:
Approve the Mayor to sign the City Attorney’s employment agreement.
ISSUE STATEMENT:
The City Council previously approved the transition of City Attorney services from
a vendor arrangement to an employed position; Human Resources department is
now requesting that the agreement be added to the consent calendar for final approval.
ATTACHMENTS: Attachment 1: Employment Agreement
DISCUSSION/ FINANCIAL
IMPACT:
The City Council held a work session on March 5, 2018, and provided input on the draft City Attorney employment agreement. It was the request of the City Council
that the agreement include an expectation for the City Attorney to provide Council with periodic updates regarding the operations of the City Attorney’s office. That expectation was added to section 4.A. of the attached employment agreement.
The employment contract also includes the following elements:
• A wage rate and structure consistent with non-union positions;
• The City standard benefit and PTO plan;
• Fringe benefits consistent with City department directors;
• Participation in the PERS retirement program and a 4% match on deferred
compensation;
• Financial support for licensing, dues and subscriptions, and professional
development; and
• A fiscal year performance evaluation process.
Additionally, the cost of the contract is at or below the parameters previously approved by Council.
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 1 of 6
CITY ATTORNEY EMPLOYMENT AGREEMENT
This Agreement, made and entered into on _____________________, 2018, by and between the
City of Springfield, Oregon, a municipal corporation, (hereinafter called "Employer") and Mary
Bridget Smith, (hereinafter called "Employee"), both of whom understand and agree as follows: Section 1: Licensure
Employee warrants and agrees that Employee is licensed to practice law in this state without
limitation. Employee must maintain Employee's license to practice law in good standing throughout
the term of this Agreement as a condition of employment. Should the Employee no longer be
authorized to practice law in this state, this contract will terminate immediately for good cause. Section 2: Term
This Agreement shall be for an indefinite term, commencing on July 1, 2018. The terms of this Agreement shall be reviewed by the parties at least every three years. The following conditions
apply:
(a) Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of the Employee at any time, subject only to the
provisions of this Agreement.
(b) Subject only to the notice required by Section 2d the Employee may resign at any
time.
(c) During the term of this Agreement, Employee agrees to remain exclusively
employed by the Employer, and not to become employed by any other employer until the effective
date of any termination or resignation.
(d) Except in the case of termination for cause or by mutual agreement of the parties,
each of the parties agree not to terminate this contract (by either termination as referred to herein
or resignation), except upon ninety (90) days prior written notice.
(e) The termination and severance of Employee shall be in accordance with the separation agreement agreed to by Employer and Employee. A template for such an agreement is
incorporated herein by reference.
Section 3: Severance Pay and Medical/Dental Continuation
Except as provided for in Section 3(b) or 3(c), if the City Council chooses to terminate this contract
when the City Attorney is willing and able to perform his duties, the Council will provide the Employee a severance package. The severance package will consist of a cash payment equal to
twelve (12) months of annual base salary (payable one-twelfth each month for twelve consecutive
months) and will include, for each month of salary payment, medical and dental insurance benefits
at the same benefit level and premium co-payment arrangement as when employed; not to exceed
twelve months. This severance package shall terminate effective upon the date the Employee
obtains comparable full-time employment. Any portion of a month shall be prorated.
(a) The Employee shall be considered to have been terminated by the City Council and entitled to severance pay and benefits in accordance with this paragraph if the Employee resigns
because the City Council has failed to comply with the terms and conditions of this agreement, or if
the City Council at any time during the term of this agreement reduces the salary or other financial
benefits of the Employee in a greater percentage than an applicable across-the-board reduction for
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 2 of 6
all City employees, or the City Council requests the resignation of the Employee, either formally or
informally. (b) In the event the Employee is terminated by the City Council for cause then the
Employee shall not be entitled to severance pay under this provision.
(c) In the event the Employee voluntarily resigns her position while this contract is in
effect, then the Employee shall not be entitled to severance pay in accordance with this provision.
Section 4: Duties
A. Employer employs the Employee as City Attorney to perform the duties specified in the City
of Springfield Charter, Municipal Code, and job description, and to perform other legally permissible
and proper duties and functions of the position. Employee will provide periodic updates to
Employer regarding the operation of the City Attorney’s Office.
B. It shall be the duty of the Employee to employ on behalf of the Employer all other
employees of the City Attorney’s Office consistent with the policies of the governing body and the
ordinances and charter of the Employer.
C. It shall also be the duty of the Employee to direct, assign, reassign evaluate, and terminate,
as appropriate, employees of the City Attorney’s Office consistent with policies, regulations, ordinances, charter, state and federal law.
D. All duties assigned to the Employee by the governing body shall be appropriate to and
consistent with the professional role and responsibility of the Employee.
Section 5: Compensation
Base Salary: The Employer agrees to pay Employee on the annual base salary of $123,427
payable in installments at the same time as other City Employees. The City Attorney shall start at
Step 5 of the City’s current E91 payscale or the equivalent thereof. This Agreement shall be
automatically amended to reflect any salary adjustments that are provided or required by the
Employer’s compensations policies to include all salary adjustments on the same basis as applied to
other non-represented employees.
Section 6: Fringe Benefits and Insurance
Except as provided otherwise in this Agreement, Employee shall be entitled to the same benefits
and insurance coverage available to Employee department heads. Section 7: Paid Time Off (PTO) Leave
Employee shall be entitled to paid time off leave with accrual, accumulation and use in accordance
with Employer policy applying to department heads of the Employer. Additionally, Employer agrees
to credit Employee with balances of one hundred twenty (120) hours of leave effective upon the
first day of employment, and the thirty (30) day waiting period for PTO use shall be waived.
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 3 of 6
Section 8: Retirement Benefits and Deferred Compensation
Employer is an Oregon PERS covered employer. Employee shall participate in PERS in accordance
with PERS requirements upon employment with the Employer. Employer agrees to provide the
same retirement benefits as are provided to non-emergency related department heads. Employee
is authorized to participate in the City’s deferred compensation program. Effective July 1, 2018, the
City agrees to contribute an amount equal to the Employee’s contribution to her City deferred
compensation account, up to a maximum of 4% of her gross salary annually, payable in
installments at the same time as regular employee contributions are made.
Section 9: General Business Expenses
A. Expense Account. Employer recognizes that certain expenses of a non-personal and generally job-related nature are incurred by the Employee and hereby agrees to reimburse her for
expenses incurred upon receipt of duly executed expense vouchers, receipts, statements, or
personal affidavits for expenses incurred in the performance of her duties as City Attorney in
accordance with the law and Employer policy.
B. Licensing. Employer agrees to budget and pay for licensing fees or charges that are
required of lawyers to practice law in the State of Oregon and professional dues, including but not limited to joining the International Municipal Lawyers Association, and subscriptions of the
Employee necessary for continuation and full participation in national, regional, state, and local
associations, and organizations necessary and desirable for the Employee’s continued professional
participation, growth, and advancement, and for the good of the Employer.
C. Dues and Subscriptions. Employer agrees to budget and pay the professional dues and
subscriptions of the Employee necessary for her continuation and full participation in national, regional, state and local associations, and organizations necessary and desirable for her continued
professional participation, growth, and advancement, and to improve her performance in her duties
as City Attorney of the City of Springfield. Provided the Employer shall pay professional dues or
subscriptions to any organization which discriminates on the basis of race, religion, color, national
origin, age, gender, or disability.
D. Professional Development. Employer agrees to budget and pay registration, travel and
subsistence expenses of the Employee in accordance with the law and Employer policy, for
professional and official travel, meetings and occasions deemed necessary or desirable to continue
the professional development of the Employee and to adequately pursue necessary official and
other functions of the Employer.
E. Car Allowance. Employer agrees to pay Employee a $4,800 annual car allowance to be paid
in $400 monthly installments.
F. Technology Allowance. Employee shall be paid a smartphone allowance equivalent to the
amount paid to other department heads.
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 4 of 6
Section 10: Hours of Work
The Employee acknowledges the proper performance of the duties of the Employee will require the
Employee to generally observe normal business hours and will also often require the performance
of necessary services outside of normal business hours. The Employee agrees to devote such
additional time as is necessary for the full and proper performance of the Employee's duties and
that the compensation herein provided includes compensation for the performance of all such
services. However, the Employer intends that reasonable time off be permitted the Employee, such
as is customary for exempt employees so long as the time off does not interfere with the normal
conduct of the office of the Employee.
The Employee will devote full time and effort to the performance of the Employee's duties, and
shall remain in the exclusive employ of the Employer during the term of this Agreement. The Employer encourages the Employee to accept invitations to speaking engagements, writing or
other opportunities to communicate with the community, subject to the rules regarding
confidentiality and attorney client privilege to make use of and share data and information with
relevant persons and groups, and encourages the Employee to participate in pertinent seminars,
groups, associations and organizations, as well as in informational meetings with those individuals
whose particular skills, expertise, or backgrounds would serve to improve the capacity of the
Employee to perform the Employee's Duties. Section 11: Performance Evaluation
Employer agrees that it will formally evaluate the performance of the Employee annually, aligned
with the Employer’s fiscal year. The evaluation will be conducted based on performance criteria
that is connect to the Employer’s goals, objectives, and strategic plan. The Employer may, at its
discretion, informally and formally evaluate the Employee on a more frequent basis. Section 12: Ethical Commitments
Employee shall not endorse candidates, make financial contributions, sign or circulate petitions, or
participate in fundraising activities for individuals seeking or holding elected office in the governing
body, nor seek or accept any personal enrichment or profit derived from confidential information,
or holding office, or misuse of public time. Employer shall support Employee in keeping these
commitments by refraining from any order, direction or request that would require Employee to
undertake any of the aforementioned activities. Specifically, neither the governing body nor any
individual member thereof shall request Employee to endorse any candidate, make any financial
contribution, sign or circulate any petition, or participate in any fund-raising activity for individuals seeking or holding elected office, nor to handle any matter involving personnel on a basis other
than fairness, impartiality and merit.
Section 13: Indemnification
In addition to any requirement of Federal, State or Local Law, and to the extent permitted by law,
Employer shall indemnify, defend, and hold Employee harmless against any and all claims (even if
the allegations are without merit) or judgments for damages or injunctive relief arising from,
related to, or connected with any tort, professional liability claim or demand or any other claim,
whether civil, criminal, administrative, arbitrative or investigative, arising out of any alleged act or
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 5 of 6
omission by Employee occurring in the performance of Employee's duties or resulting from the
exercise of judgment or discretion by Employee in connection with the performance of his or her duties or responsibilities, unless the act or omission involved willful or wanton misconduct. In the
event that the provision of legal representation by Employer may reasonably present a legal
conflict of interest, the Employee may request independent legal representation at Employer's
expense, and Employer may not unreasonably withhold approval of such request. Legal
representation provided by Employer for Employee shall extend until a final unappealable
determination of the legal action. In the event independent legal representation is provided to the
Employee, any settlement of any claim against Employee may not be made without prior approval
of the Employer. Employee recognizes that Employer shall have the right to compromise any claim
against Employee for which Employer is providing the defense.
Section 14: Bonding
Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any
law or ordinance.
Section 15: Other Terms and Conditions of Employment
The Employer, upon agreement with Employee, may fix other terms and conditions of employment, as it may determine from time to time, provided such terms and conditions are not
inconsistent with or in conflict with any provisions of law. Employer has appropriated, set aside,
and encumbered, and does hereby agree to budget and appropriate, set aside, and encumber,
available and unappropriated funds of the municipality in an amount sufficient to fund and pay all
financial obligations of Employer pursuant to this Agreement, including but not limited to the
Severance and other benefits set forth in this Agreement.
Section 16: Notices
Notice pursuant to this Agreement may be given by personal service, by email, by nationally
recognized courier, or by depositing in the custody of the United States Postal Service, postage
prepaid, and addressed as follows:
(a) EMPLOYER: City of Springfield
Attn: Chaim Hertz, HR Director
225 Fifth Street
Springfield, OR 97477
(b) EMPLOYEE: Mary Bridget Smith
1441 Ranchwood Drive
Eugene, OR 97401 stuartmary@msn.com
Notice shall be deemed given as of the date of personal service or email, as of the date of delivery
by courier, or as the date five days after the date of deposit in the custody of the United States
Postal Service.
CITY ATTORNEY EMPLOYMENT AGREEMENT – Attachment 1, Page 6 of 6
Section 17: General Provisions
A. Merger. This written Agreement contains all the terms and conditions agreed upon by the
parties, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind either of the parties, or to vary any of the terms contained in
this Agreement.
B. Amendments. The Employer and Employee by mutual written agreement may amend this
agreement. Such amendments shall be incorporated into and made a part of this agreement.
C. Assignment. This Agreement may not be assigned by either party without the written
consent of the other party.
D. Severability. If this Agreement contains any unlawful provision not an essential part of the
Agreement and which shall not appear to have been a controlling or material inducement to the
making of this Agreement, the unlawful provision shall be deemed of no effect and shall, upon
agreement by the parties, be deemed stricken from the Agreement without affecting the binding
force of the remainder.
EMPLOYER: CITY OF SPRINGFIELD, OREGON
By: ________________________________________
Christine Lundberg, Mayor
Date: _________________________, 2018.
EMPLOYEE: MARY BRIDGET SMITH
Signature: __________________________________
Date: _________________________, 2018.
Attachment 1 – Separation of Employment and General Release
Attachment 1 SEPARATION OF EMPLOYMENT AND GENERAL RELEASE
This Separation of Employment and General Release Agreement ("Agreement") is made by and
between the City of Springfield, Oregon ("Employer") and Mary Bridget Smith ("Employee").
WHEREAS, Employer has employed Employee as its City Attorney; however, the parties wish to
enter into a voluntary agreement to terminate their employment relationship and to resolve any
actual or potential claims that either party may have against the other by reason of Employee's
employment or termination thereof; and
WHEREAS, the parties desire to set forth the terms and conditions governing Employee's
separation of employment and to provide for the settlement and release of any and all disputes
or controversies that have arisen, or which may hereafter arise, between Employer and
Employee, including without limitation, any and all claims arising out of or in any way related to
Employee's employment with or separation from the Employer.
NOW THEREFORE, in consideration of the mutual covenants herein contained and the mutual
benefits to be derived therefrom, the sufficiency of which consideration is hereby acknowledged
by the undersigned, Employer and Employee agree and state:
1. TERMINATION OF EMPLOYMENT.
Upon their mutual agreement, Employee's employment shall terminate on
____________________ which shall be Employee's final date of employment.
2. NO ADMISSION OF LIABILITY.
This Agreement is not an admission by Employee or Employer of any wrongful conduct
whatsoever. Both parties deny and disclaim any liability to or wrongful conduct against the
other or any third party.
3. PAYMENT AND BENEFITS.
In consideration for Employee's execution of this Agreement and Employee's release of all claims as set forth below and in full and complete satisfaction of all obligations due and owing
Employee, the Employer shall within twenty-eight (28) days of the Effective Date of this
Agreement:
A. Issue a payment of _____________________;
B. Employer shall issue to Employee, Employee's regular paycheck for the pay
period ending ____________________ on or before __________________. C. Employer shall pay Employee on or before __________________ an additional
payment to compensate for accumulated leaves (vacation and floating holidays) and
[comp time], subject to customary payroll deductions; and
D. Employer shall make all payments as required by Sections 10, 11 and 12 of the
Employee's Employment Agreement (as appropriate) on or before ___________.
Attachment 1 – Separation of Employment and General Release
4. SURRENDER AND VACATION OF EMPLOYER's PROPERTY.
Upon execution of this Agreement, Employee shall deliver all Employer's property in his/her possession and further, shall vacate Employer's property. Provided, however, the Employee
may retain any property to which the Employee is entitled under section 9.F of the Employee's
Employment agreement upon the payment required by section 9F.
5. RELEASE AND WAIVER OF CLAIMS.
A. In consideration of the benefits to be provided to Employee pursuant to this Agreement,
Employee—including Employee's heirs and assigns—hereby irrevocably and unconditionally
releases, acquits and discharges Employer and each of its past, present and future elected
officials, department heads, officers, employees, agents, representatives and attorneys from
any and all charges, complaints, claims, liabilities, obligations, promises, agreements,
controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts
and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever,
whether known or unknown, arising out of any act, omission, or event from the beginning of
time up to the execution of this Agreement. Employee specifically acknowledges and agrees
that Employee is releasing and giving up any right that Employee may now have under federal
or state law or political subdivision thereof and any claims that Employee may now have or
could have asserted against Employer. Employee specifically agrees to release all claims against Employer under many different laws, including but not limited to: the Age Discrimination in
Employment Act, the Older Workers Benefit Protection Act, and Executive Order 1 1141, which
prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section
1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination
based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and
Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on
disability; any other federal, state, or local laws prohibiting employment or wage discrimination;
the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the
Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974;
any federal, state, or local laws providing workers' compensation benefits, prohibiting
retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate
employees, or otherwise regulating employment; claims for breach of contract, promissory
estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits;
and any other federal, state, or local tort or contract claim. Employee expressly waives all rights that Employee might have under any law that is intended to protect Employee from waiving
unknown claims. Employer hereby irrevocably and unconditionally releases, acquits and
discharges Employee from any and all charges, complaints, claims, liabilities, obligations,
promises, agreements, controversies, damages, actions, causes of action, suits, rights,
demands, costs, losses, debts and expenses (including attorneys' fees and costs actually
incurred), of any nature whatsoever, whether known or unknown, arising out of any act,
omission, or event from the beginning of time up to the execution of this Agreement.
B. This Release also includes a release of all claims and rights possessed by Employee
against such persons under the federal Age Discrimination in Employment Act of 1967
("ADEA"), as amended, except such claims and rights that may arise after the execution of this
Agreement. Consistent with the ADEA, Employer provides compensation for this release to
which the Employee would not otherwise be entitled and as agreed upon by the parties.
Attachment 1 – Separation of Employment and General Release
The federal Older Workers Benefit Protection Act, 29 U.S.C. 626 (f), requires Employee be
advised to consult with an attorney prior to executing this Agreement, which contains a release of claims under the ADEA. Employer specifically advises Employee to seek advice from an
attorney about this Agreement and what it means.
The Older Workers Benefit Protection Act, 29 U.S.C. 626 (f), requires that Employee be given a
period of at least 21 days within which to consider this Agreement, since it contains a release of
Employee's rights under the ADEA. Therefore, for a period of 21 days after Employee receives
this Agreement, Employee has a right to reconsider Employee's decision to release Employee's
rights under the ADEA. However, an employee may sign a release of ADEA rights prior to the
end of the 21-day time period as long as the employee's decision to shorten the 21-day time
period is knowing and voluntary. In order to expedite the processing of the retirement benefit
that Employee will be receiving under this Agreement, Employee agrees, by signing this
Agreement, to waive Employee's right to have 21 days in which to reconsider the decision to
release Employee's rights under the ADEA. Employee acknowledges that this waiver of
Employee's right to consider the terms of this Agreement for 21 days is knowing and voluntary.
In accordance with the Older Workers Benefit Protection Act, 29 U.S.C. 626 (f), the parties
agree that for a period of seven (7) days following Employee's execution (signature) of this
Agreement, Employee may revoke the Agreement. Therefore, Employee acknowledges that Employee has been informed that this Agreement does not become effective or enforceable
until the eighth day following Employee's signature (at which point the revocation period has
expired), and that during the preceding seven-day period Employee has the right to revoke this
Agreement.
6. REFERENCES AND [NON-DISPARAGEMENT].
If it is necessary for Employer to provide a reference to a prospective employer, Employee
agrees that he will direct the prospective employer to contact ____________________ [insert
name of person who will provide a reference on behalf of Employer] who will provide a
reference in a form substantially similar to the attached. [Option if appropriate under state law
and where agreed upon: Additionally, Employee and the elected officials agree that they shall
not disparage or make negative comments about each other; provided that this Section shall
not apply to comments made to any other governmental entity or as required by law.] 7. REPRESENTATIONS AND WARRANTIES.
The undersigned parties hereby represent and warrant the following to the other:
a. Employee represents and warrants that the Employee is legally and mentally
competent to sign this Agreement; Employee is the sole owner of any claims against the Employer; Employee has the requisite capacity and authority to make this
Agreement, and no portion of any existing or potential claims has been sold, assigned
or pledged to any third party; and Employee presently possesses the exclusive right to
receive all of the consideration paid in exchange for this Agreement.
Attachment 1 – Separation of Employment and General Release
b. Employee represents and warrants that Employee has not and will not file any
complaints, charges or lawsuits against Employer or any of its past, present and future
elected officials, department heads, officers, employees, agents, representatives or attorneys with any governmental agency or any court, including without limitation, any
claim or matter of any nature whatsoever related to or arising out of Employee's
employment with or separation of Employee's employment[, except Employee expressly
reserves the right to file a claim for unemployment benefits]. Employee further agrees
to indemnify and hold Employer harmless from any and all loss, costs, damages or
expenses, including reasonable attorney fees incurred by Employer, arising out of any
claim concerning the separation of employment that may hereafter be made by the
Employee or any other party.
c. Employer represents and warrants that it has not and will not file any complaints,
charges or lawsuits against Employee with any governmental agency or any court,
including without limitation, any claim or matter of any nature whatsoever relating to or
arising out of Employee's employment with Employer or the separation of Employee's
employment from Employer. Employer further agrees to indemnify and hold the
Employee harmless from any and all loss, costs, damages or expenses, including
reasonable attorney fees incurred by Employee, arising out of any claim arising from the
separation of Employee's employment that may hereafter be made by Employer or any
other party.
d. Each party is fully aware of the contents of this Agreement and of its legal effect
and understands that it should obtain legal advice regarding this Agreement as they
deem appropriate. The parties hereto and each of them, have carefully read this
Agreement and know the contents thereof, and they signed the same freely and
voluntarily.
e. This Agreement sets forth the entire agreement between the parties and
supersedes any and all prior agreements or understandings between the parties
pertaining to the subject matter herein, except those provisions of the Employee's
Employment Agreement that address the responsibilities of Employer or Employee upon
termination of employment unless otherwise specifically excepted in this Agreement. No
waiver of a breach of any provision of this Agreement shall be construed to be a waiver
of any breach of any other provision of this Agreement or of any succeeding breach of the same provision. No delay in acting with regard to any breach of any provision of this
Agreement shall be construed to be a waiver of such breach. If any provision in this
Agreement is found to be unenforceable, all other provisions will remain fully
enforceable.
f. No promise or inducement has been made or offered, except as herein expressly
set forth, and this Agreement is executed without reliance upon any statement or representation by any of the released parties or their representatives.
g. The language of all parts of this Agreement shall, in all cases, be construed as a
whole, according to its fair meaning, and not strictly for or against either party.
Attachment 1 – Separation of Employment and General Release
h. This Agreement and any amendments hereto may be executed in multiple
counterparts by the parties. Each counterpart shall be deemed an original, but all
counterparts together shall constitute one and the same instrument. 8. JURISDICTION.
This Agreement shall be governed by the laws of the State of Oregon and the venue shall lie
with the court of competent jurisdiction of the county within which the Employer is located
which shall have exclusive jurisdiction of any disputes arising under this Agreement.
9. BINDING EFFECT.
This Agreement shall be binding upon and shall accrue to the benefit of the parties hereto,
their respective personal representatives, successors in interest and assigns.
10. REVIEW & REVOCATION.
The parties acknowledge that Employee may revoke Employee's acceptance and execution of
this Agreement at any time within seven (7) days of the date of the Employee's execution of it.
Any revocation shall be in writing and shall be effective upon timely receipt by the Employer's
Attorney. If the revocation is submitted by mail, the revocation must be postmarked before the expiration of the seven (7)-day revocation period, and must be sent by overnight mail or other
method so that it is received at the above address no later than the next business day
immediately following the expiration of the seven (7)-day period. FURTHER, EMPLOYEE
REPRESENTS THAT, BEFORE ACCEPTING AND EXECUTNG THIS AGREEMENT, EMPLOYEE WAS
GIVEN A REVIEW PERIOD OF TWENTY-ONE (21) DAYS IN WHICH TO CONSIDER IT. Employee
further represents that the Employee: (a) took advantage of as much of this period as required
to consider this Agreement before signing it; (b) carefully read the Agreement and the Release
included herein; (c) fully understands it; and (d) is entering into it voluntarily. Employee
represents that Employer encouraged the Employee to discuss this Agreement with an attorney
of choice before signing it. This Agreement shall not become effective or enforceable until the
seven-day revocation period has expired without Employee having revoked acceptance of it and
Employer shall not be obligated to act upon this Agreement until the time has expired for
receipt of notice of revocation.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the respective dates
set forth below and each hereby acknowledge receipt of an executed copy of this Agreement.
On behalf of the Employer of City of Springfield, Oregon.
__________________________________ Employer
__________________________________
Date
Attachment 1 – Separation of Employment and General Release
Attested by:
__________________________________
Employer's Representative
__________________________________
Date
On behalf of Employee:
__________________________________
__________________________________
Date