Resolution No. 2010-075RESOLUTION NO. 2010 75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING,AND AUTHORIZING THE EXECUTION OF A
RETIREMENT SEPARATION AGREEMENT BY AND BETWEEN THE
CITY OF VERNON AND STEVE TOWLES CHIEF OF POLICE_
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY RESOLVES AS
FOLLOWS
SECTION 1': The City :Council of the City of Vernon hereby
approves the Retirement Separation Agreement with Steve Towles in
substantially the form attached hereto as Exhibit A.
SECTION 2 The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Retirement
Separation Agreement for, and on behalf of, the City and the City
Clerk or Deputy City Clerk is hereby authorized to attest thereto.
SECTION 3 The City Council of the City of Vernon hereby
authorizes the City Attorney to make minor modifications to the
Retirement Separation Agreement, if requested by Mr. Towles and
acceptable to the City Attorney, that are Consistent with the intent
of the ,agreement.
SECTION 4 The City Clerk of the City ,of Vernon shall
certify to the passage; approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 14th day of June, 2010.
Name: Hilario Gonzales
Title: Mayor
ATT T:
1
Willard Iq. a uc i City Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
I, Willard'G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2010`-75, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Monday, June 14, 2010, and thereafter was duly signed by the
Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2010, at Vernon, California.
Wi lar G. a'ag hi, City Clerk
(SEAL)
RETIREMENT SEPARATION AND GENERAL RELEASE .AGREEMENT
This Retirement Separation and General Release Agreement ("Agreement") is -
entered into by and between STEVE TOWLES ("Employee" or "Towles"), an individual,
and the City of Vernon, a California municipal corporation, ("Employer" or ``City") as of
the date set forth below.
RECITALS
A. Towles is presently employed as the Police Chief for the City. Towles has
served as Police Chief for the City since February 4, 2008, pursuant to a written
employment agreement (the "Employment Agreement")
B. Although the Employment Agreement has not yet expired, Towles desires
to retire and Towles and the City mutually agree to terminate the Employment
Agreement to accommodate Towles desire to retire, subject to certain conditions as set
forth in this Agreement,
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual
promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties
hereto as follows:
I. Conclusion of Employment
By his signature below, Towles voluntarily and irrevocably resigns his
employment and retires from his service with the City, to be effective June 30, 2010. In
the event that Towles does not timely complete the process for retirement with the
California Public Employee Retirement System, his resignation is still effective on June
30, 2010. The parties mutually agree to terminate the Employment Agreement, effective
with the resignation provided in this paragraph, except as to any terms intended to
survive termination of the Employment Agreement.
II. Severance Benefits
The Employment Agreement provides Towles and his spouse with a retiree
medical benefit. Notwithstanding, the early termination of the Employment Agreement,
the City agrees to honor the retiree medical benefit to Towles and his spouse and both
parties agree to clarify the benefit as follows:
The City shall allow, subject to the terms of the ,applicable insurance plan
documents,; Towles and his spouse to participate in the City's group medical and
dental insurance programs, for the respective lives of Towles and his spouse. The
City shall make premium contributions toward participation in the programs at the
most generous level provided to City employees (except for employees with
individual employment contracts). Nothing in this Agreement limits the City's
right to amend, reduce or completely terminate any or all such plans, with such
1234840-1 1
action applicable to Towles and his spouse:
III. Release
A. In consideration of the performance of the provisions contained in this
Agreement, Towles hereby forever relieves, releases, and discharges the City, its City
Council, and each member thereof, and its officers, employees, and agents ("Releasees")
from any and all claims, debts, obligations, causes of action, demands, liabilities, costs, or
expenses of whatsoever kind or nature, whether known or unknown, suspected or
unsuspected, arising from or relating to Towles' employment with Cityand his separation
from that employment. Towles further agrees that he will not institute any action or
actions, causes of action (in law or inequity), suits, debts, liens, claims, demands, known
or unknown, in state or federal court, or with any state, federal or local government
agency arising from or attributable to any employment practice of the City, its agents, and
all persons acting by, through, under, or in concert with the City, relating in any to
Towles' employment or 'separation' from employment. Employee shall not file any
actions against the City or the Releasees in any state or federal court, state or federal
governmental administrative agency, or private organization. It is understood that this
Agreement is a bar to any such action or proceeding. This release does not extend to -
rights that may not be waived as a matter of law, including unwaivable rights 'Towles
may have, if any, under the California Labor Code.
B. Towles specifically acknowledges that he is aware of, and familiar
with, the provisions 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 OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE
MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
Towles, being aware of this statute and its meaning and effect, expressly
waives and relinquishes all rights and benefits he may have as well as any other rights or
benefits derived from any statutes or common law principles of similar effect arising out
of his employment with the City and/or his separation from employment with the City.
C. Towles is fully aware of and understands all of his rights under the
Age Discrimination in Employment Act of 1967 (29 U.S.C. Sections 621-634)
("ADEA" ).
Being fully aware of any potential claims he may have against Releasees,
based upon the provisions of the ADEA, Towles knowingly and voluntarily releases
Releasees-from any and all claims he may have against them based upon any aspect of his
employment with the City, including his separation from employment.
1234840-1 2
Towles has been given the opportunity to take twenty-one (21) calendar
days to consider the terms and effects of this Agreement prior to executing it. To the
extent that Towles has taken less than twenty-one (21) days to consider this Agreement,
he acknowledges that he has had sufficient time to consider the Agreement and consult
with counsel. He further acknowledges that he does not require any additional time and
waives any right to additional time. Both Towles and the City agree that any changes to
this Agreement prior to its execution, whether material or immaterial, do not restart the
running of the twenty-one-(21) day consideration period.
Towles understands that the terms of this Agreement are not effective until
eight(8) calendar days after its execution. Towles may revoke this Agreement within
seven (7) calendar' days of its execution. 'Revocation shall not be effective unless it is.
communicated in writing to and actually received by the City Administrator within seven
(7) calendar days after the execution of this Agreement. within -
IV. Warranties and Representations
Towles acknowledges that he has read this Agreement carefully, fully understands
its terms, nature and effect and is executing this Agreement freely, knowingly and
voluntarily. In executing this Agreement, Towles does not rely on any inducements,
promises, or representations by City or any person other than the terms and conditions of
this Agreement.
The Parties and individuals executing this Agreement represent and warrant that
each of them has the authority to execute this Agreement.
V. Integration'
This Agreement represents the entire agreement and understanding between the
Parties as to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral. No waiver, alteration, or modification of any of the
provisions of -this Agreement shall be binding unless in writing and signed by the Parties
hereto.
VI. After Discovered; Facts or Law
Each of the Parties to this Agreement acknowledges that he or it may hereafter
discover claims or facts in addition to or different from those he or it now knows or
believes to be true with respect to this Agreement. Nevertheless, this Agreement shall be,
and remain, in effect as a full and complete release, notwithstanding the discovery or
existence of any such additional claims or facts.
VIL Governing Law
This Agreement, and the rights and obligations created by it, shall be governed by
the laws of the State of California.
VIII. Jurisdiction
Any action to enforce or interpret the terms of this Agreement, shall be subject to
the exclusive jurisdiction of the courts in the County of Los Angeles, California.
IX. Construction
This Agreement is deemed to have been prepared by each of the Parties hereto,
and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but
rather, if such uncertainty or ambiguity exists, shall be interpreted according to the
applicable rules of interpretation of contracts under the laws 'of the State of California.
X. Severability
Whenever possible, each provision of this Agreement will be interpreted in such
manner as to be effective and valid under applicable law, but if any provision of this
Agreement is held to be invalid, illegal or unenforceable in any respect under any
applicable law or rule, such invalidity, illegality or unenforceability will not affect any
other provision, but this Agreement will be reformed, construed and enforced to limit the
non -enforceable term to the extent required to make it enforceable and; if necessary, such
term shall be severed from the Agreement.
XI. Attorney's Fees
In the event of any conflict, dispute, claim or other issue arising out of or related
to the terms of this Agreement or the relationship between the Parties, or any other matter
related to a dispute between the Parties in connection with the conduct of either of them
related to or arising out of Towles' employment and separation from employment with
the City, the prevailing party in such matter shall be entitled to recover from the non -
prevailing party all of the prevailing party's costs (including, without limitation, costs of
investigation and defense, court costs, and reasonable attorneys' fees and costs), in
addition to such other remedies as are ordered.
XII. Advice and Expense of Counsel
The Parties, and each of them, acknowledge that in connection with the
negotiation and execution of this Agreement, they have each been advised to consult with
independent counsel of their own choosing and that they have been provided with
adequate time to consult with an attorney on the legal terms and effects of this
Agreement.
1234840-1 4
Each Party shall bear his or its own attorneys' fees and costs incurred in
connection with the matters leading to and including the negotiation and execution of this
Agreement.
DATED: EMPLOYEE
Steve Towles
DATED: CITY OF VERNON
("Employer")
By:
Its:
1234840-1 5
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
August 4, 2010
Steve Towles
Re: Retirement Separation Agreement
Dear Mr. To es:
Transmitted herewith is a fully executed agreement, as referenced above, approved by City
Council on June 14, 2010, through Resolution No. 2010-75.
i
ours, C I
WGY:dj
Enclosure
c: Raquel Franco
Martha Valenzuela
Karina Rueda
Resolution No. 2010-75
Agreement File No. 10-039
E�,clusively Industrial
This, RjetiflmDt Separatibit arid General Release, A =a t: (."Agreem,
entered ratty andtweenTEVE TWLmy7 or. `Ts"):as indltral
an€1 Crty, f �7 can, Ca1iT�z� �7
the-dAte set forth. bellow_
arty as=of
A. Towles is presently.enloyed the: Police-Chrf:for the City: Towles ins.-
served aS-YU rce EWf floc the City Sim Eeh nary: A 2008Im sumt to .w writteii,
errrploy errt agre ent �lhe DIP by nt �greem�nt").
13, Although tlie-Eirrployment Agieeluent has not yet .expired, Towles desires
to retire and Towles and the City mutually
agree to terminate the Employment
Agreementto accommodate Towles desire to retire, suhiectto certain conditions -as set
forth in this Agreement.
NOW, TBEREFORE, in consideration of the foregoing recitals and of the mutual
promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties
hereto as follows:
I. Conclusion of Em2!Qyment
By his signature below, Towles voluntarily and irrevocably elects to retire from
his service with the City ("Retirement"), to be effective as of 5:00 PM on June 30, 2010
("Retirement Time"). In the event that Towles does not timely complete the process for
retirement with the Califoinia Public Employee Retirement System, his resignation from
City service shall nevertheless be as of the Retirement Time. The parties mutually agree
to terminate the Employment Agreement, effective as of the Retirement Time, except as
to any terms intended to survive termination of the Employment Agreement (e.g. —
Sections H, III; IV and V).
IL Severawce ire-rlefits
The Employment Agreement provides Towles and his spouse with a retiree
medical benefit. Notwithstanding the early termination of the. Employment Agreement,
the City agrees to honor the retiree medical benefit to Towles and his spouse and both
parties agree to clarify the benefit as follows:
A. To the extent permissible under -the terms of the applicable insurance plan
documents, the City shall cause its medical and . dental insurance carriers_ (the "City
Insurers") that front time4o-time provide insurame. coverage to City employees on a
group basis ("Groin Insurance Benefits") to provide Towles and his spouse ("Towles and
Spouse") with the medical and dental" insurance coverage ("Insurance Coverage"). The
City shall pay the premiums for such coverage or make premium contributions toward
12720-0009\t 239045v 1. doc -1-
participation in the programs at the most generous level provided to City employees,
except for employees with individual employment contracts ("City Employees").
B. Notwithstanding Section ILA above, if for any reason the applicable plan
documents do not allova the City to cause the City Insurers to provide Group Insurance
Benefits to Towles and Spouse, then the City will purchase, or at its election reimburse
Towles and Spouse for purchasing, independent or so-called "stand-alone" Insurance
Coverage for Towles and Spouse to provide substantially the same benefits as the most
generous benefits provided to City Employees.
C. Nothing in this Agreement limits the City's eight to amend, reduce or
completely terminate any or att Group Insurance Benefits.
a. If the City completely terminates Group Insurance Benefits for City
Employees, then the City will purchase, or at its election reimburse
Towles and Spouse for purchasing, independent or so-called "stand-alone"
Insurance Coverage for Towles and Spouse to provide substantially the
same benefits as provided to Towles and Spouse as of 90 days prior to the
Retirement Time, to the extent such insurance is reasonably available in
the market.
b. If the City amends or reduces its insurance program (e.g., adopts a
cafeteria plan or similar program) so that the most generous insurance
benefits provided to City Employees no longer fully pay for the basic level
of Group Insurance Benefits, then the City shall fully pay for the basic
level of Group Insurance Benefits for Towles and Spouse, or if the
applicable plan documents do not allow the City to do so, then the City
will purchase, or at its election reimburse Towles and Spouse for
purchasing, independent or so-called "stand-alone" Insurance Coverage
for Towles and Spouse to provide substantially the same benefits as
provided under the basic level of Group Insurance Benefits.
III. Mutual Release
A. In consideration of the perfonnance of the provisions contained in this
Agreement, Towles hereby forever relieves, releases, and discharges the City, its City
Council, and each member thereof, and its officers, employees, and agents ("Releasees")
from any and all claims, debts, obligations, causes of action, demands, liabilities, costs, or
expenses of whatsoever kind or nature, whether known or unknown, suspected or
unsuspected, arising from or relating to Towles' employment with City and his separation
from that employment. Towles further agrees that he will not institute any action or
actions, causes of action (in law or in equity), suits, debts, liens, claims, demands, known
or unknown, in state or federal court, or with any state, federal or local government
agency arising from or attributable to any employment practice of the City, its agents, and
all persons acting by, through, under, or in concert with the City, relating in any way to
1' 2720r-0009\ 1239045 v 1. doe -2-
Towles' employment or separation from employment. Towles shall not file any actions
against the City or the Releasees in -airy state or federal court, state or federal
governmental administrative agency, or private organization. 'It is understood thatthis
Agreement is a bar to any such action or proceeding. This release does not extend to
rights- that may not be waived as a matter of law, including unwaivable rights Towles
may have, if any, under the California Labor Code.
B. In consideration of the performance provisions contained in this
agreement, the City, its City Council, and each member thereof, and on behalf of its,
officers, employees, and agents (collectively, the "City Releasing Parties") hereby
forever relieves, releases and discharges Towles, his spouse and Towles' estate
(collectively, the "Towles Released Parties") from any and all claims, debts, obligations,-
causes of action, demands, liabilities, costs or expenses of whatsoever kind or nature,
whether known or unknown, suspected or unsuspected, arising from or relating to
Towles' compensation as a City employee and his separation from that employment
("Employment"). The City Releasing Parties further agree that none of such parties will
institute any action or actions, cause of action (in law or in equity), suites, debts, liens,
claims, demands, known or unknown, in state or federal court, or with any state, federal
or local government agency arising from or attributable -to Towles' Employment. None of.
the City Releasing Parties shall file any actions against any of the Towles Released
Parties in any state or federal court, state or federal governmental administrative agency,
or private organization relating to Towles Employment. It is wlderstood that this
Agreement is a bar to any such action or proceeding. This release- does not extend to
rights that in ay not be waived, as a in atter- of Iaw or. publi.c policy..
C. Each of Towles and each of the Releasing Parties specifically
acknowledges that they are aware of, and -familiar with, the provisions 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 OR HER
FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER
MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR."
Each of Towles and each of the City Releasing Parties, being mvare of this statute
and its meaning and effect, expressly waives and relinquishes all rights and benefits each
may Have as well as any other rights or benefits derived from any statutes or common law
principles of similar 'effect arising out of the employment relationship between the City
and Towles and/or his. separation from employment with the City.
D. Towles is fully aware of and understands all of his rights under the Age
Discrimination in Employment Act of 1967 (29 U.S.C. Sections 621-634) ("ADEA").
12720-0009\1239045v1.doc -3-
Being fully aware of any potential claims he ;nay have against Releasees, based
upon the provisions of the AREA; Towles knowingly and voluntarily releases Releasees
from any and all claims he may have against theist based upon any aspect of his
employment with the City, including his separation from employment.
Towles has been given the opportunity to take twenty-one (21) calendar days to
consider the terms and effects of this Agreement prior to executing it. To the extent that
Towles has taken less than twenty-one (21) days to consider this Agreement, he
acknowledges that lie has had sufficient time to consider the Agreement and consult with
counsel. He further acknowledges that he does not require any additional time and
waives any right to additional time. Both Towles and the City agree that any changes to
this Agreement prior to its execution, whether material or immaterial, do not restart the
running of the twenty-one (21) day consideration period.
Towles understands that the tears of this Agreement are not effective until eight
(8) calendar days after its execution. Towles may revoke this Agreement within seven
(7) calendar days of its execution. Revocation shall not be effective unless it is
communicated in writing to and actually received by the City Administrator within seven
(7) calendar days after the execution of this Agreement.
IV, Warranties and Representations
Towles aclaiowledges that he has read this Agreement carefully, fully
understands its terms, nature and effect and is executing this Agreement freely,
knowingly and voluntarily. In executing this Agreement, Towles does not rely on any
inducements, promises, or representations by City or any person other than the terns and
conditions of this Agreement.
The Parties and individuals executing this Agreement represent and
warrant that each of them has the authority to execute this Agreement.
V. Indemnity
Notwithstanding Towles' Retirement and the termination of the
Employment Agreement, -the City will Honor its obligations under the California
Government Code to indemnify and hold Towles harmless from any and all lawsuits,
administrative, quasi -administrative and non -administrative claims, actions, causes of
action, demands, liabilities, costs or expenses that may arise or relate to Towles'
performing his duties as a sworn police officer of the City, (including discharging his
responsibilities in the various capacities and roles within the police department)
throughout his tenure of employment with City, as and to the extent provided in the
California Govermnent Code.
12720-0009\ 1239045v I. doe 4-
V I. integration
This Agreement represents the entire agreement and understanding
between the Parties as to the subject matter hereof and supercedes all prior or
contemporaneous agreements, whether written or oral. No waiver, alteration, or
modification of any of the provisions of this Agreement shall be binding unless in writing
and signed by the Parties hereto.
VII. After Discovered Facts or Law
Each of the Parties to this Agreement acknowledges that he or it may
hereafter discover claims or facts in addition to or different from those he or it now
knows or believes to be true with respect to this Agreement. Nevertheless, this
Agreement shall be, and remain, in effect as a full and complete release, notwithstanding
the discovery or existence of any such additional claims or facts.
VIII. Governing Law
This Agreement, and the rights and obligations created by it, shall be
governed by the laws of the State of California.
IX. Jurisdiction
Any action to enforce or interpret the terms of this Agreement shall be
subject to the exclusive jurisdiction of the courts in the County of Los Angeles,
California.
X. Construction
This Agreement is deemed to have been prepared by each of the Parties
hereto, and any uncertainty or ambiguity herein shall not be interpreted against the
drafter, but rather, if such uncertainty or ambiguity exists, shall be interpreted according
to the applicable rules of interpretation of contracts under the laws of the State of
California.
XI. Severabiliiy
Whenever possible, each provision of this Agreement will be interpreted
in such manner as to be effective and valid under applicable law, but if any provision of
this Agreement is held to be invalid, illegal or unenforceable in any respect under any
applicable law or rule, such invalidity, illegality or unenforceability will not affect an, -
other provision, but this Agreement will be reformed, construed and enforced to limit the
non -enforceable term to the extent required to make it enforceable and, if necessary, such
term shall be severed from the Agreement.
12720-0009\1 239045v I. doc -5-
X110 Attornev's Fees
In the event of any conflict, dispute, claim or other issue arising out of or
related to the terms of this Agreement or the relationship between the Parties, or any
other matter related to a dispute between the Parties in connection with the conduct of
either of them related to or arising out of Towles' employment and separation from
employment with the City, the prevailing party in such matter shall be entitled to recover
from the non -prevailing party all of the prevailing party's costs (including, without
limitation, costs of investigation and defense, court costs, and reasonable attorneys' fees
and costs), in addition to such other remedies as are ordered.
X111. Advice and Expense of Counsel
The Parties, and each of them, acknowledge that in connection with the
negotiation and execution of this Agreement, they have each been advised to consult with
independent counsel of their own choosing and that they have been provided with
adequate time to consult with an attorney on the legal terms and effects of this
Agreement.
Each Party shall bear his or its own attorneys' fees and costs incurred in
connection with the matters leading to and including the negotiation and execution of this
Agreement.
XIV. Dispute Resolution
A. Use of JAMS. The City and Towles agree that any dispute or controversy
arising out of or relating to any interpretation, construction, performance, termination or
breach of this Agreement will be settled by final and binding arbitration by a panel of
arbitrators to be held in Los Angeles County, California, in accordance with the rules of
the Judicial Arbitration chi Mediation Services, Inc. ("JAMS').
B. Procedure. The arbitration shall take place before a panel of three retired
judges of the Superior Court of the State of California (the "Arbitrators") under the
auspices of JAMS. Such arbitration shall be initiated by the parties, or either of them,
within ten (10) calendar days after either party sends notice of a demand to arbitrate (tile
"Arbitration Notice") to the other party and to JAMS. The Arbitration Notice shall
contain a description of the subject matter of the arbitration, the dispute with respect
thereto, the amount involved, if any, and the remedy or determination sought.
C. Selection of Arbitrators. Each party shall select a retired judge from the
JAMS panel, and the two selected judges shall mutually agree on the third retired judge
from the JAMS panel. If one of the parties does not select a retired judge from the JAMS
panel within 14 calendar days after receipt of the Arbitration Notice, JAMS will select
the second judge, and the judge selected by JAMS and the judge selected by the other
party will select the third judge for the panel. The third judge is to be selected within 10
calendar days following the selection of the first two judges. The three judges will
together serve as the Arbitrators. In the event of any subsequent vacancies or inabilities
12720-0009\1239045v1.doe -6-
to perform among the Arbitrators appointed, the Arbitrators involved shall be replaced in
accordance with the provisions of paragraph C as if such replacement was an initial
appointment to be made under this paragraph C within the time constrains set forth in this
paragraph C, measured from the date of notice of such vacancy or inability to the person
or persons required to make such appointment..
D. The Decision. Any party may be represented by counsel or other
authorized representative. In rendering a decision(s), the Arbitrators shall determine the
rights and obligations of the parties according to the substantive and procedural laws of
the State of California and the terms of this Agreement. The decision of the Arbitrators
shall be based on the evidence introduced at the hearing, and shall be based on, and
accompanied by, a written statement of decision explaining the factual and legal basis for
the decision as to each of the principal controverted issues. The agreement of two of the
three Arbitrators as to the resolution of the dispute shall be a conclusive resolution. The
Arbitrators shall deliver the written decision to the parties within 30 calendar days
following the date of the selection of the last of the Arbitrators. The decision shall be
conclusive and binding, and it may thereafter be confinned as a judgment by the Superior
Court of the State of California, subject only to challenge on the grounds set forth in the
California Code of Civil Procedure Section 1286.2 or its successor. The validity and
enforceability of the decision of the Arbitrators is to be determined exclusively by the
California courts. The Arbitrators shall have the authority to grant Towles or the City or
both all remedies otherwise available by law, including injunction.
E. Payment of Arbitrators. The City shall pay the costs of all Arbitrators and
the arbitration process.
F. Waiver. The parties hereby acknowledge that they have voluntarily
waived their right to a trial by the court or by a jury, have negotiated the terms of this
Agreement, including, without limitation, Section XIV, have consulted with counsel
concerning such terms, and voluntarily agree to them.
W1 9J°
City's Initials
DATED: 7-12 -/,00 EMPL®VEE
Steve Towles
Towles' Initials
12720-0009\1239045v Ldoc -7-
T•
Wiliard G`. YYd �agu i,,
O'P O*D.,S TO FORM/
CITY OF VERNON
("Emio1®ver")
Hilario Gonzaks
Mayor
Clerk
S. Wiener, City Attorney
12720-0009\ 1 239045v 1. doe