Agmt17 Pamela Aguilar City Clerk

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B. Subject to Section 21 of the City Charter, Employee serves at the pleasure of the City Council and nothing herein shall prevent, limit, or otherwise interfere with the right of City to terminate the services of Employee with or without cause with thirty (30) days written notice to Employee. C. If Employee is terminated by the City Council while still willing and able to perform the duties of City Clerk, the City agrees to pay Employee three (3) months of Severance Pay, as limited by California Government Code Sections 53260 and 53261. D. For the purpose of this Agreement, Severance Pay shall include monthly salary and 401(a) contributions. Severance Pay shall be paid in a lump sum payment to Employee. In addition, Severance Pay shall include continued Health Benefits. Health Benefits means health, dental, and vision benefits. Health Benefits shall continue a maximum of three (3) months or until the employee finds other employment, whichever occurs first. Health Benefits shall be provided Employee to the same extent and at the same cost to Employee in effect on the Employee's termination date from City employment. For the purposes of this Agreement, Contemporaneously with the delivery of the severance pay set forth herein, Employee agrees to execute and deliver to City a release agreement approved by City and approved as to form by the City Clerk waiving and releasing City and its officials and employees from any and all claims that Employee may have against City and its officials and employees acknowledging that any such payments under this provision release City from any further obligations under this agreement. E. Alternatively and in lieu of a lump sum Severance Pay as described in Section 4D, Employee may elect in writing to receive three (3) months' notice of the City Council's intent to terminate Employee's employment relationship with the City. In this case, City shall retain Employee in an employment relationship with City in a capacity to be mutually agreed upon for the entire period of three months during which the Employee shall receive the same salary and benefits as in Section 4D of this Agreement payable in installments at the same time other City executive management employees are paid. At the time the parties agree upon an employment capacity in which Employee will serve during the three month period, the parties may discuss and agree upon whether continued vacation and sick leave benefits may be included as a benefit and also considering to the extent such benefits are compliant with California Government Code Section 53260 and 53261 and/or are otherwise required by law, under the circumstances. Prior to commencing employment with City in a newly defined capacity as set forth herein, Employee shall execute and deliver to City a release agreement approved by City and approved as to form by the City Clerk waiving and releasing City and individual City officials and employees from any and all claims that Employee may have against City and REV: 06-07-17 VR Page 3 of 7