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HomeMy WebLinkAboutSigned Severance Agreement SEVERANCE AND RELEASE AGREEMENT THIS SEVERANCE AND RELEASE AGREEMENT is made and entered into this _ day of June, 2025, by NL XINE DURAND, individually for herself and for her relatives, heirs, executors, personal representatives, successors and assigns (referred to herein collectively as "DURAND"), in which she fully releases the CITY OF TWIN FALLS, IDAHO, including any and all present or former officers, elected officials, appointed officials, executors, administrators, assigns, agents, employees, volunteers, insurers, attorneys, and any and all entities or persons acting for,by or through it in their official and individual capacities(referred to herein collectively as "the CITY"). RECITALS 1. DURAND is currently employed as the Transit Coordinator for the CITY. 2. DURAND wishes to conclude DURAND's employment with the CITY. NOW, THEREFORE, in consideration of the recitals, agreements, and covenants contained in this Agreement,it is agreed as follows: 1. In consideration for total compensation to DURAND in the amount of$13,886.77 to be paid on June 20,2025,which payment constitutes all pay for the payroll period of June 1 — 14 (40 hours regular time, 20 hours paid at Overtime rate, .38 hours of comp-time, 5.6068 hours of vacation, 3.39 hours of medical leave),four(4)biweekly pay periods of 80 hours,which payment will have normal payroll deductions made,as well as the corresponding medical benefits cost,and other good and valuable consideration set forth by this Agreement,DURAND agrees to: 1) resign her employment with the CITY effective immediately,and additionally 2) DURAND completely releases and forever discharges the CITY from any and all claims for damages of every kind,name and nature,known or unknown, including but not necessarily limited to, all past,present or future claims, demands, obligations, actions, causes of action, personal injuries, property damages, wrongful death claims, rights, damages, costs, losses of services, expenses, compensation of any nature whatsoever, whether based on a tort, contract or other theory of recovery, and whether for compensatory,-general,,or punitive damages which she now has—,may have-or�which-may-hereafter - accrue or otherwise be acquired, on account of or in any way growing out of DURAND's employment with and separation from the CITY. 2. DURAND acknowledges and agrees that the release set forth in this Agreement constitutes a general release of all claims she has or may have as against the CITY at the time of the execution of this document. DURAND further expressly waives and assumes the risk of any and all claims for damages which may exist as of the date of this Agreement,but which DURAND does not know or suspect to exist, whether through ignorance, oversight, error, negligence or SEVERANCE AND RELEASE AGREEMENT- 1. otherwise, and which, if known, would materially affect DURAND's decision to enter into this Agreement. 3 It is expressly understood and agreed that this Agreement shall foreclose any and all now-existing claims,allegations,lawsuits,appeals or causes of actions of any nature,whether legal or equitable, relating to DURAND's employment with and separation from the CITY, and that DURAND and her attorneys, if any, are not entitled to assert any charges, claims, or actions for any form of relief,damages,fees or costs under any rule or provision of law,either state or federal. 4. This Severance and Release Agreement contains the entire agreement between DURAND and the CITY. This Agreement shall be binding upon DURAND and her heirs,estates, executors, administrators, personal representatives, guardians, conservators, successors, assigns, and any or all other persons or entities claiming an interest herein. 5. This Agreement is entered into in the state of Idaho and shall be construed and interpreted in accordance with all such applicable Idaho laws existing on the date of execution of this Agreement. 6. DURAND agrees to cooperate fully and to execute any and all supplemental documents and to take any and all additional actions which may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement. 7. DURAND further declares and represents that no promises, inducements, or agreements not expressed in this Agreement have been made to her, and this Agreement contains the entire agreement between DURAND and the CITY, and that the terms for this Agreement are contractual and not mere recitals. In entering into this Agreement,DURAND acknowledges that she has been given the opportunity to seek legal advice with her attorneys and that the terms of this Agreement are fully understood and voluntarily accepted by DURAND. Further,there exists no physical or mental condition known to DURAND that would preclude her from voluntarily and legally executing this Agreement. 8. Additional terms provided by the CITY upon which DURAND bases her agreement to the terms and conditions of this Agreement: a. If the CITY is ever contacted by a potential employer of DURAND for any employment opportunity, the CITY shall provide only DURAND's job title, date of hire, and date of separation. b. The CITY will not contest any application by DURAND for unemployment insurance; provided, however, that the CITY does not agree to make any false statement in connection with any such application; c. The CITY agrees that in the event DURAND applies for future employment at the CITY,that the CITY shall fairly and impartially consider this application by DURAND SEVERANCE AND RELEASE AGREEMENT- 2. based on her background and experience, and that DURAND's prior valuable contributions to the CITY shall be considered as part of such application. d. DURAND's medical benefit coverage will remain effective through June 30, 2025. e. Beginning July 1,2025 DURAND will become eligible for COBRA insurance. 9. A faxed or scanned executed copy of this agreement shall be sufficient and have the same force and effect as the original signed document. DURAND HAS READ THE FOREGOING RELEASE,FULLY UNDERSTANDS IT AND UNDERSTANDS THAT IT IS CONTRACTUALLY BINDING. SIGNED: 4,jv, /rG/''z - MAXINE DURAND STATE OF IDAHO ) ss. County of TWIN FALLS ) On this IU day of June, 2025, before me, the undersigned, a Notary Public in and for said State,personally appeared MAXINE DURAND,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. M S33190 NO A YP IC F IDAHO\OF Residingat �cA &S , LbAHO 03/2029. ] Commission Expires: N6Ib 3 1 Ib� SEVERANCE AND RELEASE AGREEMENT— 3.