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HomeMy WebLinkAboutContracts & Agreements_41-2018 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE The City of Redlands, including its elected officials, officers, employees, and agents thereinafter collectively referred to throughout this Settlement Agreement and Mutual General Release as "Employer"), and Jeff L. Frazier, including his heirs, executors, administrators, successors, and assigns (hereinafter collectively referred to throughout this Agreement as "Employee"), agree that: I. Employee Consideration. In consideration for Employee's execution of this Settlement Agreement and Mutual General Release and compliance with the promises made herein, Employer agrees: A. To pay Employee the total sum of Two Hundred Five Thousand Six Hundred Twenty Eight and Ninety One One-Hundredths Dollars ($205,628.91) (hereinafter the "Payment") in full satisfaction of all claims, known or unknown, asserted or non- asserted that Employee may now or hereafter have against Employer (as further detailed in section IV, below), and alleged wages due and owing to Employee (hereinafter referred to as the "Claim"). The full amount of the Payment will be reported by W-2 as required by law, and represents the following individual amounts: (1) Employee's present Leave balance of Eight Hundred Sixty Five hours (865) as of March 7, 2018, in the amount of Ninety Three Thousand Three Hundred Eighty One Dollars ($93,381.00); and (2) Six (6) months' severance pay in the amount of One Hundred Twelve Thousand Two Hundred Forty Seven and Ninety One One-Hundredths Dollars ($112,247.91). B. It is understood that the Payment is made to fully compromise and release Employee's Claim against Employer, including any Employee's attorneys' fees and costs. Employer makes no representation as to the nature of this settlement, the Payment, or its taxability. Employee agrees that he has not relied on any such representation by Employer. Employee further agrees and acknowledges that he is responsible for complying with any tax obligations with respect to the Payment. C. Employer agrees that it will not claim Employee is disqualified for unemployment insurance pursuant to Unemployment Insurance Code section 1256 through the Employment Development Department. D. Employee shall be provided with lifetime health insurance. The health insurance shall be at no cost to Employee and shall cover Employee and his eligible dependents. The health insurance plan shall be equal to that provided from time to time to fulltime City employees in the Redlands Association of Fire Management Employees ("RAFME") employee bargaining unit. Lifetime health insurance includes 1 medical, dental, and vision care as provided in the RAFME 2017-18 Memorandum of Understanding with the City of Redlands. F. For one (1) month, from and after March 7, 2018 to April 7, 2018, Employer hereby permits Employee to "port" the telephone number of 909-714-1526. Employee shall be responsible for all costs including billings associated with the "porting" of 909-714-1526 for such period. 11, Employer Consideration. In consideration for Employer's execution of this Settlement Agreement and Mutual General Release, and compliance with the promises made herein, Employee agrees: A. He has submitted a written retirement letter to Employer's City Manager, effective as of April 7, 2018, to retire from employment with the City of Redlands. The retirement letter has been accepted by Employer's City Manager and will be deemed irrevocable, contingent upon Employer and Employee's execution of this Settlement Agreement and General Mutual Release. The aforesaid letter of retirement shall be placed within Employee's official personnel file, along with a copy of this Settlement Agreement and General Mutual Release. Employee will be available for consult via phone and email, in his status of Employee, until April 7, 2018, and will not be required to use any type of leave during the period of March 7, 2018 through April 7, 2018. B. That this Settlement Agreement and General Mutual Release is not confidential, and is a public record of Employer subject to public disclosure in accordance with state law. Except as otherwise provided for herein, inquiries to Employer from prospective employers seeking references or performing background investigation shall only be responded to by Employer with information of the dates of Employee's employment and his job title. III. No Consideration absent Execution of this Agreement. Employee understands and agrees that he would not receive the Payment except for Employee's execution of this Settlement Agreement and Mutual General Release, and the fulfillment of the promises contained herein. IV. Mutual General Release of Claims. Employee knowingly and voluntarily releases and forever discharges, to the full extent permitted by law, Employer from any and all other claims, known and unknown, asserted and non-asserted, that Employee has or may have against Employer as of the date of Employee's execution of this Settlement Agreement and Mutual General Release including, but not limited to, any alleged violation of: • Title VII of the Civil Rights Act of 1964, as amended; • The Civil Rights Act of 1991; • Sections 1981 through 1988 of Title 42 of the United States Code, as amended; • The Employee Retirement Income Security Act of 1974, as amended; • The Immigration Reform and Control Act, as amended; 2 • The Americans with Disabilities Act of 1990, as amended; • The Workers Adjustment and Retraining Notification Act, as amended; • The Occupational Safety and Health Act, as amended; • The Sarbanes-Oxley Act of 2002; • California Family Rights Act—California Government Code Section 12945.2 et seq.; • California Fair Employment and Housing Act — California Government Code Section 12900 et seq.; • Statutory Provision Regarding Retaliation/Discrimination for Filing a Workers Corn pensation Claim --California Labor Code Section 1132a(1) to (4); • California Unruh Civil Rights Act—Civil Code Section 51 et seq.; • California Parental Leave Law--California Labor Code Section 230.7 et seq.; • California Family and Medical Leave—California Labor Code Section 233; • California Parental Leave for School Visits Law— California Labor Code Section 230.7 et seq.; • Any other federal, state, or local civil or human rights law or any other local, state or federal law, regulation or ordinance; • Any public policy, contract, tort, or common law; and • Any claire for costs, fees, or other expenses including attorneys' fees incurred in these matters. Furthermore, on behalf of himself, his relatives, heirs, estate, executors, administrators, successors and assigns, Employee does fully release and discharge Employer from any and all other actions, causes of action, claims,judgments, obligations, damages, and liabilities of whatsoever kinds and character including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to Employee's employment with Employer, and the causes, procedures and circumstances surrounding the separation of his employment with Employer (including, but not limited to EEOC, DFEH, disability retirement, short-term disability, and long-term disability claims). A. Employee agrees that this General Release shall cover any and all claims of every nature and kind whatsoever, whether known or unknown, suspected or unsuspected, past or present, which Employee may have against Employer, despite the fact that California Civil Code Section 1542 may provide otherwise. Employee expressly waives any right or benefit available to him in any capacity under the provisions of such Section 1.542, which provides as follows: "A general release does not extend to the 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." B. Employer knowingly and voluntarily releases and forever discharges, to the full extent permitted by law, Employee of and from any and all claims, known and unknown, asserted and non-asserted, Employer has or may have against Employee 3 as of the Effective Date of this Settlement Agreement and Mutual General Release. Employer agrees that this General Release shall cover all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, which Employer may have against Employee, despite the fact that California Civil Code Section 1542 may provide otherwise. Employer expressly waives any right or benefit available to it in any capacity underthe provisions of such Section 1542,which provides as follows: "A general release does not extend to the 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 her settlement with the debtor." V. Age Discrimination Claims. A. Employee understands and agrees that, by entering into this Settlement Agreement and Mutual General Release; (i) he is waivingany rights or claims he might have under the Age Discrimination in Employment Act, as amended bythe Older Workers Benefit Protection Act; (ii) he has been advised to consult with an attorney before signing this Settlement Agreement and Mutual General Release;and (iii) he has been offered the opportunity to evaluate the terms of this Settlement Agreement and Mutual General Release for not less that twenty-one (21) days prior to his execution of this Settlement Agreement and Mutual General Release, even though he may elect to sign this Settlement Agreement and Mutual General Release before such twenty-one (21) day period expires. B. Employee may revoke this Settlement Agreement and Mutual General Release by written notice delivered to Employer's City Attorney within a period of seven (7) days after Employee's execution of this Settlement Agreement and Mutual General Release (hereinafter the "Revocation Period"), and it shall become enforceable only upon the expiration of the Revocation Period, without prior revocation by Employee. In the event that Employee does not revoke, as provided herein, this Settlement Agreement and Mutual General Release shall be effective on the first day following expiration of the Revocation Period. VI. Affirmations. Employee affirms that he has not filed,caused to be filed,or presently is a party to any claim, complaint, or action against Employer in any forum or form. Employee further affirms that he has been paid and/or has received all leave (paid or unpaid), compensation,wages, bonuses, commissions, and/or benefits to which he may be entitled and that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to him, except as provided in this Settlement Agreement and Mutual General Release. Employee furthermore affirms that he has no known work-related injuries or occupational diseases and has been provided and/or has not been denied any leave requested under the Family and Medical Leave Act. Employee understands that Employer has relied upon Employee's representations herein. 4 VIL Non-Disparagement. Employer agrees Employee is retiring in good standing. Employer further agrees to provide employee with a reference letter,which shall be an executed and attached to this Settlement Agreement and Mutual General Release, acknowledging the good quality work performed by employee and the attendant monetary savings by Employer resulting from such work. Employee further agrees not to defame, disparage or demean Employer in any manner whatsoever. Employer also agrees not to defame, disparage or demean Employee for anything Employee did or may have done in the course and scope of his relationship with Employer. Vlll. Governing Law and Interpretation. This Settlement Agreement and Mutual General Release shall be governed by and construed in accordance with the laws of the state of California, without regard to its conflict of laws rules; except that parole evidence shall not be considered to alter,vary, modify or amend the terms of this Settlement Agreement and Mutual General Release. In the event Employee or Employer breaches any provision of this Settlement Agreement and Mutual General Release, Employee and Employer affirm that either may institute an action to specifically enforce any term or terms of this Settlement Agreement and Mutual General Release. Should any provision of this Settlement Agreement and Mutual General Release be declared illegal or unenforceable by any court of competent jurisdiction, and cannot be modified to be enforceable, excluding the general release language, such provision shall immediately become severable and null and void, leaving the remainder of this Settlement Agreement and Mutual General Release in full force and effect. IX. Non-admission of„Wrongdoing. Employer and Employee agree that neither this Settlement Agreement and Mutual General Release nor the furnishing of the consideration for this Settlement Agreement and Mutual General Release shall be deemed or construed at anytime for any purpose as any admission by Employer or Employee of any liability or unlawful conduct of any hind. X. Amendment. This Settlement Agreement and Mutual General Release may not be modified, altered or changed except upon express written consent of Employer and Employee. XI. Miscellaneous. A. Employee and Employer represent that they are currently unaware of any claim, right, demand, debt, action, obligation, liability or cause of action that they may have against each other which has not been released in this Settlement Agreement and Mutual General Release. B. Employee and Employer represent that they have had the opportunity to consult with an attorney of their own choosing in the negotiations leading to the preparation of this Settlement Agreement and Mutual General Release, that they have read this Settlement Agreement and Mutual General Release, that they are fully aware of its contents and legal effect, and that they have freely and voluntarily entered into it without coercion, intimidation or threat of retaliation. C. In the event it shall be necessary for Employer or Employee to institute any action to enforce or interpret any of the terms and conditions or provisions of this Settlement Agreement and Mutual General Release, or for any breach hereof, the prevailing 5 party in such action, in addition to any other relief, shall be entitled to costs and reasonable attorneys' fees, incliuding fees for use of in-house counsel by Employer. XII. EntiEtA reernent. This Settlement Agreement and Mutual General Release contains the entire agreement between of Employer and Employee with respect to its subject matter, and fully supersedes any prior obligation of Employer to Employee with respect to the same. Employer and Employee acknowledge and agree that they have not relied on any representations, promises, or agreements of any kind made to them in connection with their decision to enter into this Settlement Agreement andl Mutual General Release, except for those set forth in this Settlement Agreement and Mutual General Release, XIII, Summary Enforcement. Any provisions of Evidence Code Sections 1115-1128 notwithstanding,thiis Settlement Agreement and Mutual General Release may be enforced by either Employer or Employee by a motion under Code of Civil Procedure Section 664.6 or by any other procedure permitted by law. HAVING ELECTED TO EXECUTE THIS SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE,TO FULFILL THE PROMISES AND TO RECEIVE THE PAYMENT, EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE CONISIDE RATION, ENTERS INTO THIS SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ANY AND ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST EMPLOYER, IN WITNESS WHEREOF, Employer and Employee knowingly and voluntarily executed this Settlement Agreement and Mutual General Release as of the dates set forth below: EMPLOYEE Date: March 6, 2018 Jeff L. Frazier EMPLOYER Date: March 6, 2018 Paul W. Foster, Mayor 6