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HomeMy WebLinkAboutAgr 2006-05-15 (McIntyre/Bigall) TOWN MANAGER'S SEPARATION AGREEMENT This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of March 15,2006, by and between The Town of Tiburon ("Town") and Alexander D. McIntyre ("Employee"). RECIT ALS A. The Town has employed Employee as its Town Manager, pursuant to an Employment Agreement dated September 25,2000, as subsequently amended ("Manager's Agreement"). B. On February 23, 2006, Employee submitted his resignation. To provide for a smooth transition in the Town's management team, the Town and Employee wish to conclude Employee's employment with the Town on the terms and conditions set forth in this agreement. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 1. Termination Date. Notwithstanding anything to the contrary in the Manager's Agreement, Employee's last date of regular, full-time employment with the Town shall be April 3, 2006; his last day on-site will be March 24,2006. 2. Eauipment Retention: The Town has provided the Employee with the following equipment: Cellular telephone, laptop computer, computer monitor, computer keyboard, and printer. Notwithstanding anything to the contrary in the Manager's Agreement, Employee may retain this equipment upon separation from the Town's employment. 3. Transition Assistance: In consideration of this Agreement, Employee will assist the Town in the transition to a new management team. This assistance shall include, without limitation, consulting by telephone with the Acting Town Manager, serving on an interview panel to retain a new, permanent Town Manager, and consulting by telephone with the new, permanent Town Manager. Employee shall provide up to a maximum of 30 hours of such assistance. 4. Mortl!al!e Allowance: Employee will payoff the mortgage the Town holds on his behalf within 90 days of separation. Manager's Separation Ag, 3-15-06. 1F~1 1 5. Waiver and Release: In consideration of the terms of Paragraphs 1 through 4 of this Agreement, Employee acknowledges complete satisfaction of, and does hereby forever release, absolve, and discharge the Town from any and all causes 0 faction, judgments, liens, indebtedness, damages, claims, liabilities and demands and causes of actions of whatever kind or nature, whether known or unknown, suspected or unsuspected, which Employee now has or holds, or at any time has or held against the Town. This release expressly waives any and all claims that Employee may presently have against the Town regardless or the nature, source or basis for any such claim. 6. Extent of Release: This is a full and final release and Employee intends and agrees that it shall be effective as a bar to each and every claim, demand and cause of action the Employee has against the Town as of the date of this Agreement. Employee also expressly waives and all rights and benefits conferred under the terms of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor." 7. Other Separation Ril!hts: Except as otherwise provided herein, Employee shall have all rights and responsibilities that normally arise under the Town's applicable personnel policies, rules and regulations. IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be effective as of the day and year written above. Dated: ') ( 'L l{ / () (p E Paul Smith Mayor APPROVED AS TO FORM /'~ "7 // //'c:;<//v~-- Ann R. Danforth Town Attorney Manager's Separation Ag, 3-15-06. 2 INTERIM TOWN MANAGER EMPLOYMENT AGREEMENT This EMPLOYMENT AGREEMENT ("Agreement") is effective as of March 27, 2006 by and between the Town of Tiburon (the "Town") and So Heidi Bigall ("Employee"). RECIT ALS A. The Town currently employs Employee as its Director of Administrative Services pursuant to a contract dated February 11,2002 ("Employee's 2002 Agreement"). B. The Town Manager has resigned from the Town effective March 31, 2006, and will not return to work after March 24, 2006. C. The Town Council has asked Employee to serve as the Town's Interim Town Manager until the Town is able to recruit a permanent new employee for that position and Employee has agreed to accept this appointment on the terms and conditions set forth herein NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 10 Interim Duties. During the term of this Agreement, Employee shall perform all duties of the Town Manager described in the Town's Municipal Code and policies and such other duties as may from time to time be established by the Town. Employee shall devote Employee's entire professional, work and income-generating time, attention and effort to the business of the Town during the term of this Agreement. However, Employee may engage in charitable endeavors not involving employment or activities related to the business of the Town so long as such outside activities do not interfere with Employee's duties under this Agreement. 20 Interim Base Salary. During the term this Agreement, Employee shall receive a base salary of One Hundred, Twenty-Six Thousand Dollars ($126,000) per year. 30 Automobile Allowance. Employee shall receive an automobile allowance of Three Hundred Fifty Dollars ($350.00) per month to compensate Employee for the use 0 fh er personal vehicle on official Town business. 40 Term of Al!reement. This Agreement shall terminate and be of no further force and effect upon the effective date of employment of a permanent Town Manager. InterimTown Manager HB 3-06 1 50 Al!reement Otherwise Unchanl!ed. T he Employee's 2002 Agreement shall remain in full force and effect, except that to the extent that it conflicts with the provisions of this Agreement, this Agreement shall prevail during its term. IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be effective as of the day and year written above. ~ ( 7- Vi (eYre. Dated: TOWN OF TIBURON EMPLOYEE lS~~ Pau mlth Mayor .?::>. ~e>'---- ~\. ~ S. Heidi Bigall APPROVED AS TO FORM ~ // ....;Y // c7/(~~'-- Ann R. Danforth Town Attorney InterimTown Manager HB 3-06 2