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6.1. - Page 3 of 8 <br />SETTLEMENT AND RELEASE AGREEMENT <br />This Settlement and Release Agreement ("Agreement") is entered into by and between <br />Paul B. Sheffield ("Employee") on the one hand, and the City of Redwood City ("City") on the <br />other hand. Employee together with City shall be referred to herein as the "Parties." This <br />Agreement is effective as set forth herein in Section 15. <br />RRrITALS <br />This Agreement is made with reference to the following facts: <br />1. Employee was employed with the City from May 30, 1989 until March 7, 2016, <br />when he retired from City employment. <br />2. The City contracts with Ca1PERS for retirement benefits for its eligible <br />employees. <br />3. CalPERS determines a member's retirement allowance by applying a percentage <br />figure, based upon the member's age on the date of retirement, years of service, and final <br />compensation. <br />4. Ca1PERS staff refused to include compensation identified as 2.76% custom <br />premium pay and received by Employee for the period of December 17, 2012 to March 6, 2016 <br />in the calculation of his final compensation. <br />5. The City appealed the decision of Ca1PERS staff in In the Matter of Appeal <br />Regarding the Final Compensation Calculation of Paul B. Sheffield and City of Redwood CitX, <br />OAH No. 2018050065. <br />6. The Ca1PERS Board of Administration adopted the administrative law judge's <br />proposed decision denying the appeal, and that decision is now final. <br />7. The Parties desire to resolve all issues related to Employee's employment and <br />retirement, except for Workers' Compensation Appeals Board Case No. ADJ11377532. <br />NOW, THEREFORE, in consideration of the foregoing recitals and the promises, mutual <br />covenants and warranties set forth herein, and for other good and valuable consideration, the <br />receipt of which are hereby acknowledged, the Parties agree as follows: <br />AGREEMENT <br />The Parties, and each of them, agree as follows: <br />Settlement payment. <br />A. By signing this Agreement, Employee expressly warrants and agrees that, <br />as of the date of executing this Agreement, he has accurately reported all his hours worked (both <br />straight time and overtime), that he has not worked any time "off the clock" (whether straight <br />time or overtime) that he has not reported on his timecards, and that he does not dispute as <br />inaccurate any wages previously paid to him. <br />ATTY/DOCS-AGREEMENTS/SETTLEMENT AGREEMENTS/SHEFFIELD SETTLEMENT & RELEASE AGREEMENT <br />REV: 03-18-19 MI <br />Page 1 of 6 <br />177 <br />