SEPARATION, RELEASE AND WAIVER AGREEMENT

This Agreement is between Mirenda McQuagge-Walden (“Employee”) and the City of Abilene,
Texas (the “City” and/or the “Employer”), and constitutes the full and complete terms of their
agreement, and supersedes any and all other oral or written agreements which the parties may have
made concerning this same subject matter.

Employee agrees and acknowledges that her last working day as an employee with the City
is December 3,2018.

2. Upon execution of this Agreement, Employee shall submit to the City her resignation letter
with an effective date of December 3,2018 as referenced in Paragraph I and in accordance
with Exhibit A.

3. Employee will be paid her regular wages through her date of resignation, in accordance with
City Policy, less applicable payroll deductions including taxes and TMRS. Employee will
receive a second paycheck of all eligible leave payouts, including all accrued unused
vacation leave, less appropriate payroll deductions, including taxes and TMRS. Employee
agrees that, except for the payments made and benefits provided in this paragraph, she is
not entitled to any other benefits, compensation, or payments from Employer.

4. In exchange for the promises contained in this Agreement, the City agrees to provide
Employee with a special separation benefit consisting of an additional severance payment
of $48,458.90, an amount equal to twenty-six (26) weeks of Employee’s salary at the time
of separation from employment, less appropriate payroll deductions, including taxes and
TMRS. This amount will be paid to Employee in one lump sum on the next regularly
scheduled paydate following the effective date of this Agreement as referenced in Paragraph
14. This amount is over and above any final wages or accruals otherwise provided in
Employee’s final paycheck upon separation from employment.

5. Employee agrees that providing the special separation benefit described in paragraph 4 of
this Agreement upon an employee’s separation is contrary to the City’s normal policy, and
in exchange for such good and valuable consideration, Employee further agrees to release
and waive any and all claims Employee has or which may arise by virtue of Employee’s
employment with or separation from the City, and Employee releases the City and its
officers, elected officials, in their official capacity, and current employees from any such
claims. Such claims include, but are not limited to, breach of contract, tort, common law,
and any and all claims which might arise under local, state, or federal fair employment
practices or employment benefit laws, including but not limited to the Americans with
Disabilities Act, Title VII of the Civil Rights Act, workers’ compensation retaliation law,
Fair Labor Standards Act, Whistleblower claims and Chapter 21 of the Texas Labor Code,
as of the date of this Agreement, and Employee agrees not to file any lawsuit against the
City, or any current employees of the City, on account of Employee’s employment with or
separation from the City. Employee acknowledges that she has been afforded all rights due
to her, if any, under the Family and Medical Leave Act.
 6. Release and Waiver and Covenant Not to Sue Under the ADEA. By signing this
Agreement, Employee agrees to the following:

a. Release and Waiver of Rights. Employee irrevocably and unconditionally

releases City and the other Releasees, or any of them. from any and all claims,
complaints, liabilities, damages, causes of action, suits, rights, costs, and expenses
(including attorneys’ fees) from any and all age discrimination, harassment and/or
retaliation claims under the ADEA.

b. Covenant Not to Sue. Employee agrees that she will not bring any legal action
against the Releasees for any claim under the ADEA that existed prior to the time
she signed this Agreement; however, this provision does not prohibit Employee
from filing a lawsuit for the sole purpose of enforcing her rights under this
Agreement, from enforcing or securing any rights that may arise subsequent to her
signing this Agreement, or from enforcing or securing any rights provided
Employee under the ADEA that may not be legally waived.

c. Waived and Discharged Claims. Employee agrees that if an ADEA claim is

prosecuted in her name or on her behalf before any court or administrative agency,
she waives and agrees not to take any award of money or other damages from such
suit. Employee also agrees that if an ADEA claim waived or discharged under
section 6 of this Agreement is prosecuted in her name she will immediately request
in writing that the claim on her behalf be withdrawn. Employee also agrees that
she waives on behalf of herself and her attorneys all claims for attorneys’ fees and
expenses and court costs for any ADEA claims waived and discharged under
section 6 of this Agreement. Notwithstanding the foregoing, nothing in this
Agreement is intended to interfere with Employee’s right to participate or cooperate
in a proceeding with any appropriate federal, state or local agency whose task it is
to investigate employment discrimination.

7. EmpLoyee specifically does not waive her right to apply for or claim unemployment
compensation insurance. The City, however, does not waive its option to dispute such claim
for unemployment. This Agreement does not prevent Employee from pursuing workers’
compensation benefits to which she may be entitled. Employee understands that nothing in
this Agreement shall prohibit her from filing a claim with the Department of Labor,
including the federal Equal Employment Opportunity Commission (“EEOC”) or
cooperating in such agency’s investigation or proceeding, although Employee
acknowledges that she has waived such claims and will be barred from obtaining any
monetary or other relief from or against Employer.

8. Employee agrees to keep the terms of this Agreement confidential, and not to publicize or
disseminate the terms in any way, except as may be required by federal, state, or local tax
authority or other law, or to secure enforcement of the terms and conditions of this
Agreement. Notwithstanding the foregoing, Employee may disclose the terms and amount
of this Agreement to Employee’s immediate family, tax or other financial advisor, and/or

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 lawyer, provided that Employee shall first obtain any such person’s agreement to keep any
such matters completely confidential and not to disclose any such matters to anyone.

9. Employer agrees to keep the terms of this Agreement confidential, and not to publicize or
disseminate the terms in any way, except as may be required under federal, state, or local
tax authority or other law, or to secure enforcement of the terms and conditions of this
Agreement. If contacted by a prospective employer of Employee, the City agrees to provide
only a neutral employment reference confirming Employee’s dates of employment and last
salary, but only if such references are referred to the City’s Human Resources Director.

10. No Existing Complaints or Lawsuits. Employee promises that she has not filed a
complaint, charge, claim or lawsuit against City or any of the other Releasees with any
governmental agency or any court. This Agreement is not and shall not be interpreted as an
admission by City or any of the other Releasees that it or they acted improperly in any way
with respect to Employee.

11. Cancellation. The cash payment made to Employee by City in accordance with paragraph
4 hereof must be immediately returned to City by Employee if she takes any action or
engages in any conduct in violation of any of the terms or conditions of this Agreement. In
addition, before Employee takes any legal action to challenge the validity or enforceability
of this Agreement, for any reason, including, without limitation, any claim that Employee
did not knowingly or voluntarily enter into this Agreement, Employee agrees that she first
must repay to City the cash portion of the Separation Benefits she received under paragraph
4 hereof Provided, however, that Employee’s obligation under this paragraph to repay to
the City the cash separation payments she received under paragraph 4 hereof shall not apply
to Employee’s release and waiver and covenant not to sue under the ADEA as set out in
paragraph 6 above; in such case, the consideration attributable to Employee’s release and
waiver and covenant not to sue under the ADEA shall be $5000.00.

12. Employee is advised to consult with an attorney before signing this Agreement. Employee
has entered into this Agreement voluntarily and knowingly, and has been given an
opportunity to review it with an attorney if desired.

13. This Agreement shall, in all respects, be interpreted, enforced and governed under the laws
of the State of Texas. Any suit, claim or other legal proceeding arising out of or relating to
Employee’s employment or this Agreement shall be brought exclusively in state or federal
courts serving Taylor County, Texas, and Employee and the City hereby submit to personal
jurisdiction in the State of Texas and to venue in such courts. If any portion of this
Agreement is held to be invalid or legally unenforceable, the remaining portions will not be
affected and will be given full force and effect.

14. NOTICE TO EMPLOYEE. Employee should thoroughly review and understand this
Agreement before signing it. THIS AGREEMENT INCLUDES A RELEASE AND
WAIVER OF LEGAL RIGHTS AND CLAIMS. Employee has up to twenty-one days to
consider this Agreement before signing it. If Employee agrees to the terms and wants to
enter into this Agreement, she must sign it in the presence of a notary public and deliver it

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 to Robert Hanna, City Manager, on or before the 21 day after it was given to her. For a
period of seven days after Employee signs this Agreement, she may revoke it by delivering
a written notice of revocation to Robert Hanna. This Agreement will not become effective
or enforceable (and City’s lump sum payment will not be made) until this seven-day
revocation period has passed and Employee has timely signed and returned to Robert Hanna
the Acknowledgment attached hereto as Exhibit B.

Agreed to and Accepted by:

‘2/L (¼k
kiirenda Mc%agge-Walden RebethM4jna, Qity-Managcr Miicbj jiffrflOi
City of Abilene epU C4’nj Manoger

Date Date

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 EXHIBIT A

Date

Robert I-lanna
City Manager
City of Abilene

Dear Mr. Hanna:

I am resigning from employment with the City of Abilene effective .2018.

Sincerely.

Mirenda McQuagge-Walden

)
November 27, 2018

Robert Hanna
City Manager
City of Abilene

Dear Mr. Hanna:

I am resigning from employment with the City of Abilene effective December 3, 2018.

Sincerely,

Mirenda McQuagge-Walden
I I

LXIhuT B

ACKN()?iLED(1E!ENT 81 7vllRLAhi4 McQLJAGGE-lJ’ALDEN

I, Mirenda McQuagge-Walden, by my signature below, acknowledge that at least seven (7) days
have passed since I signed the Separation Agreement and General Release (Agreement) and that
during that seven (7) day time period, I did not revoke the Agreement.

I also acknowledge and affirm that since the date I signed the Agreement, I have not filed a
complaint, charge, claim or lawsuit against the City or any of the other Releasees (as that term is
defined in the Agreement) with any governmental agency or any court and that I have no intention
of doing so.

I further acknowledge and affirm that since the date I signed the Agreement, neither the City nor
any of the other Releasees have acted, have failed to act, or have done anything else that would
give rise to any legaL claim by me.

I have read and understand this Acknowledgement and everything in it is true and correct. I am
signing this Acknowledgement because I want to assure the City of Abilene that I have not invoked
my right to revoke the Agreement and that I have no legal claim against the City and do not intend
to pursue any such claim.

Mircnda MeQuagge-Walden

Date:_______ z2S4k-
STATE OF TEXAS §
§
COUNTY OF TAYLOR §
Before me, a Notary Public, on this day personally appeared Mirenda McQuagge-Walden, known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged
to me that she executed the same for the purposes and consideration therein expressed.

Given under my hand and seal of office this 4thday ofbr 2018.

[PERSONALIZED SEAL1 otary Public Signature

ISIfl Iflfli IISfl lit! (I - nlStP_ Lob.

VERONICA F. OIAZ
ITLI N2tary Pubile, SMI of Texas
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