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HomeMy WebLinkAboutGeorge R. Kolb Augusta Richmond GA DOCUMENT NAME: i1eoJ '\2" Kolb DOCUMENT TYPE: ~ee 11'1 e..n f YEAR:(Y-\ BOX NUMBER: 2...3 FILE NUMBER: l13l--il /-- NUMBER OF PAGES: J EMPLOYMENT RELEASE. SETTLEMENT AGREEMENT AND COVENANT NOT TO SUE This is an Agreement between GEORGE R. KOLB (hereinafter "Employee") and AUGUSTA, GEORGIA, a political subdivision of the state of Georgia, a term which for the purposes of this Agreement shall also include its elected officials, officers, employees, agents, and successors and assigns. WHEREAS, Employee and Augusta have agreed to an early termination of Employee's employment contract (hereinafter, "the contract") with AUGUSTA, GEORGIA and the parties desire to provide for the resolution of all matters between them. NOW, THEREFORE, in consideration for the promises of Employee and AUGUSTA, GEORGIA set forth herein, AUGUSTA, GEORGIA and Employee agree: 1. SEVERANCE TERMS. 1.1 The early termination of the contract shall be effective as of June 15, 2004 as to relief of Employee's duties as Administrator and finally effective on July 19,2004 upon the receipt of Employee's last day of vacation pay. 1.2 In consideration for Employee's Releases, Promises, and Covenants Not to Sue set out in this Agreement, Employee will receive a release from his employment contract and the following as compensation for severance from employment with Augusta, Georgia: A. Paid administrative leave for the period June 16, 2004 through June 18, 2004; B. Paid vacation from June 21, 2004 through June 25; C. Paid vacation from June 28, 2004 through July 2, 2004; D. Holiday pay for July 5, 2004; E. Vacation pay from July 6, 2004 through July 9,2004; F. Paid vacation from July 12,2004 through July 16,2004; and G. Paid vacation for July 19, 2004; Said payments described in subparagraphs (A) through (G) above shall be paid less applicable taxes, required deductions and deductions as elected by Employee for health insurance and other benefits, which will be paid over this period of time in installments on the same basis that Employee's salary was paid in the past. 1.3 Employee at his/her election may continue to participate in AUGUSTA, GEORGIA's Employee Benefits Plan until the end of his vacation pay. Employee will have the COBRA right to purchase, at his sole expense, extended health insurance coverage after the date of the termination of his employment on July 19,2004. 1.4 In the event that Employee dies prior to payment in full of any amounts due under this Agreement, AUGUSTA, GEORGIA shall, pursuant to the payment schedule set out above, pay the entire remaining balance to Employee's surviving spouse, or if he has no survi ving spouse, to his estate. 2. NON-ADMISSIONS OF LIABILITY. AUGUSTA, GEORGIA and Employee agree that the entry of the parties into this Agreement, and the agreements contained herein, are not and shall not be construed to be an admission of liability on the part of any party hereto or any parties hereby released or held harmless. 3. RELEASE OF CLAIMS. In consideration for the undertakings and promises of AUGUSTA, GEORGIA set forth in this Agreement, Employee unconditionally releases, discharges, and holds harmless, and agrees to indemnify AUGUSTA, GEORGIA from each and every claim, cause of action, right, liability or demand of any kind and nature in existence at the time this Agreement is executed, and from any claims which may be derived therefrom (collectively referred to as "claims"), that Employee had, has or might claim to have against AUGUSTA, GEORGIA including but not limited to any and all claims: a. ansmg from or in any way connected with Employee's employment (including but not limited to those rights accruing to employee's rights under a contract of employment dated April 3, 2001) pay and other terms and conditions of employment or employment practices of AUGUSTA, GEORGIA; b. relating to the termination of Employee's employment or the circumstances leading up to or surrounding the termination of his /her employment; c. based on discrimination on the basis of race, color, religion, sex, national origin, handicap, disability, age or any other category protected by law under Title VH of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Executive Order 11246, the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the Georgia Equal Employment for the Handicapped Code (O.c.G.A. 9 34-6A-I through 34-6A-6), the Georgia statute prohibiting age discrimination (O.C.G.A. 934-1-2) (as any of these laws may have been amended) or any other similar anti-discrimination, labor or employment laws; d. based on any claim for attorneys' fees; e. based on any contract, tort, whistleblower, or wrongful discharge theory; and, f. based on any other federal, state or local constitution, regulation, law (statutory or common), or legal theory. 2 Provided, however, nothing contained herein shall release, reduce, modify or affect in any way: a, the parties' respective agreements and obligations contained herein, or any claim for breach hereof or default hereunder; b, any vested or accrued benefits (if any) to which Employee may be entitled under any pension/retirement plan of AUGUSTA, GEORGIA;and c, Employee's right to elect and pay for continuation of his/her health insurance coverage under AUGUSTA, GEORGIA's Flexible Benefit Plan and/or pursuant to COBRA. All of the foregoing shall survive the execution and delivery hereof, and the payments hereunder, according to their terms, 4, COVENANT NOT TO SUE AUGUSTA. GEORGIA, Employee covenants not to sue AUGUSTA, GEORGIA or any party released herein on account of any claim released hereby, Other than unemployment compensation, Employee further covenants not to accept, recover or receive any monetary damages or any other form of relief which may arise out of or in connection with any administrative remedies which may be filed with or pursued independently by any governmental agency or agencies, whether federal, state or local. 5. MISCELLANEOUS, 5,1 This Agreement is entered into without reliance upon any statement or representation of any party hereto or parties hereby released other than the statements and representations contained in writing in this Agreement. 5.2 The parties acknowledge the adequacy of the consideration provided herein by each to the other, that this is a legally binding document, and that they intend to comply with and be faithful to its terms. 5.3 This Agreement contains the entire understanding of the parties and it may not be modified, amended or supplemented without the express written consent of the parties hereto, 5.4 The parties represent, respectively, that entry into this Agreement is duly authorized by all necessary authority and not in conflict with any applicable agreement or restrictions. 3 5.5 Any failure by AUGUSTA, GEORGIA to enforce its rights and privileges under this Agreement shall not be deemed to constitute waiver of any rights and privileges contained herein. 5.6 The parties agree that the covenants of this Agreement are severable and that if any single clause or clauses shall be found unenforceable, the entire Agreement shall not fail but shall be construed and enforced without any severed clauses in accordance with the terms of this Agreement; provided however, provided however, if the release of claims as set forth in Section 3 and the covenant not to sue as set forth in Section 4 hereof are found to be illegal and/or unenforceable, this Agreement shall be voidable at AUGUSTA, GEORGIA's option, and if so voided Employee shall promptly repay to AUGUSTA, GEORGIA all severance payments paid to Employee under this Agreement or execute and deliver to AUGUSTA, GEORGIA a release of claims and covenant not to sue in form and substance acceptable to AUGUSTA, GEORGIA. 5.7 Employee will cooperate with AUGUSTA, GEORGIA, its employees, agents and attorneys in connection with any policy, program, project, investigation, administrative proceedings or litigation relating to any matter in which Employee was involved while employed by AUGUSTA, GEORGIA, or of which he may have knowledge, and will provide information regarding his activities at AUGUSTA, GEORGIA, as AUGUSTA, GEORGIA may request. Should Employee be subpoenaed by any person or entity (including but not limited to any government agency) to give testimony which in any way relates to hislher employment by AUGUSTA, GEORGIA, he will give prompt notice of such request to AUGUSTA, GEORGIA and will make no disclosure until AUGUSTA, GEORGIA has had a reasonable opportunity to contest the right of such requesting person or entity to such disclosure. 5.8 If Employee is required to perform under any provision of paragraph 5.7, then in that event, AUGUSTA, GEORGIA shall reimburse Employee for documented reasonable expenses he may incur as a result of such cooperation. 5.9 This Agreement is governed by the laws of the State of Georgia without giving effect to the choice of law or conflicts of law principles thereof. The parties submit to the jurisdiction and venue of the State and federal courts located within Richmond County, Georgia for the resolution of any dispute which may arise hereunder. 6. CERTIFICATION By signing this Agreement, Employee certifies that: a. He has carefully read and fully understands the provisions of this Agreement, including the release and covenant not to sue portions; b. Employee has been advised by AUGUSTA, GEORGIA in writing through this provision to consult with an attorney before signing this Agreement; 4 c. Employee agrees to the terms of this Agreement knowingly, voluntarily and without intimidation, coercion or pressure. IN WITNESS WHEREOF the undersigned hereunto set their hands and seals to this Agreement on the dates written below. EMPLOYEE: AUGUSTA, GEORGIA ~06 BY~OB~~~6 AWST: ~ U >0p,s~ ~. Clerk Steve/city/kolbrelease.doc (6/17/04) 5