HomeMy WebLinkAboutContracts & Agreements_276-2017 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
The City , including its current and formerf rci ls, officers, employees, and
(hereinafteragents l ively referred to throughout this
General Release as "Employer"), and Mark Garcia, including his heirs, executors, administrators,
successors, and assigns ( i i t this Agreement as
"Employee"),
I. sf i
In consideration
si rti r Employee's execution of this Settlement Agreement and Mutual
General Release and compliance with the promises made herein, Employer agrees.
totalA. To pay Employee the ifive i ry
thirtydollars and cents. ( , . ) (hereinafter the in
satisfaction of aIl claims, known or unknown, asserted or unassertedalleged
owingwages due and I (hereinafter r "Claim").
amount of the Payment ill be reported by W-2s required
followingthe individual .
. ) Hours of Banked Leave in
b. Director v balance 'rx hundred thirty six hours (636.01) in the amount of
$72,842.71
c. Uniform
d. Six ( ) Month Severancein the amount of$119,112
B. It is understoodis made to fully compromiserelease
Ilclaims, Employee's Claim againstincluding 's ' fees
and costs. Employer makes no representationthis settlement,
the Payment, or its taxability. Employee agreesrelied such
representationr. Employee further agrees and acknowledgesi
responsible r complying withi i s with .
D. Employer agrees that it will not claimis disqualified for unemployment
insurance Insurance Code section
Employment Development Department.
E. The employer agrees to ,2018 401 ( ) Payment to the employee's
401 ( )account in
F. Unit employees hiredr January 1, 2009 whom achiever s of serviceshall be
entitledt "medical ri " program for themselves upon separation rom the City until
they become Medicare-eligible. " icl Bridge" irned as employee-only cover ,
and Unit loyees who are eligiblefor bridge insurance ill be entitledthe least
expensiveiv I t health, vision and dental insurance pI r vi the City to it's
existing Directors rough the CaIPERS medical plan untilt l reaches the age of
Medicare i t ility at which timethe benefitill cease. Unitemployees who receive
medical bridge programI v ra r dependents, however, the additional cost
must be paidr by the respective it employee and will not be paidt by the City.
Further, Unit employees hired prior to January civ r ( ) years
of service withCity, shall be entitledmedical bridge insurance separation
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from City if the employeeit achieve teff ( ) years of service
requirement f r the Lifetime a i I benefit.
employerG. The ill allow the ci is
agreement to "pore the number of 909-647-7714carrier so that the
employeeill be responsiblefor the billing - c " , 2018.
in considerationr Employer's execution of signingthis Settlement Agreement and
Mutual General Release and compliance it the promises made herein, Employee agrees:
s submitted a writteni letter to Employer effective ,
2018 to ly retire withthe REDLANDS Policeretirement
acceptedletter has been ill be deemed irrevocable.
aforesaidletter of retirement shallI c within official personnel
file, along withthis Settlement Agreement and General Mutual Release.
B. That this Settlement Agreement ! is not confidential,
and is a publicc f Employer subject to public disclosure in accordance with
state law. Except as otherwiseprovided r i , inquiries I
prospective I s seeking references i investigation
shall only be responded to by Employer withInformation is of Employee's
employment and his job title.
II. _No Considerations ti this Agreement
Employee r s that he wouldive the Payment except
Employee's execution of this Settlement Agreement and Mutual General Release, and the
fulfillment of the promisesti i .
III. ! r i s.
..... ................................................................................,,.,,,,,,,,,,
Employeeingly and voluntarily releasesy is II extent
permittedlaw, Employerclaims,
unasserted,and 1oyee has or may have against Employer as of the date of
Employee'sc i this Settlement Agreementl Releaseincluding,
but t limited I violation :
• Title VII of the CivilRights Act of 1964, as amended
• The CivilRights
• Sections through 1988 of Title 42 of the Uniteds amended
• The Employee Retirement Income Security
• The Immigrations amended
Americans with Disabilities .
• The Workersr i i ti r r .
+ The OccupationalHealth
The Sarbanes-Oxley Act of 2002
California it Rights —California Government Code Sectiont seq.
• California Fair Employment and Housing — California GovernmentSection
12900 t seq.
• Statutory Provisioning Retaliation/Discrimination for FiliWorkers
Compensation Claim—California Labor Code Section ( )
• California r iil Rights Act—Civil Code Section .
• California Parental Leave L —California Labor Code Section .7 ets .
• California i is v —California Labor Code Section
• California Parental Lv cVisits —California Labor Code Section
s
federal,• Any other state, or local civil or human rightst
federali ordinance
public policy,contract, common
claim r expensesic r s' feesi in these
matters.
• EXCEPT for all pendingr s claims/cases i litigated
now r in the future between Mark Garciai .
Furthermore, on behalf of himself, his relatives, heirs, estate, executors, administrators,
successors andassigns, Employee does fully releasedischarge
II other actions, causes of action, claims, #s, obligations, damages, and liabilities
f whatsoever kindscharacter including, t not limited f s, causes of
action, i s, judgments, obligations, liabilities relating to Employee's
employment with Employer, and the causes, procedures and circumstances surrounding
the separation is employment withl (including, limited to EEOC, DFEH,
disability reit , short-term dis ility, and long-term disabilityl r .
agreesA. Employee this shall cvany all claims
natureiwhatsoever, whether known or unknown, suspected or
past or present, which Employeev ! t Employer, despite
the fact that California Civil i ide otherwise. Employee
expressly waives any righti v it I to himin any capacitythe
provisions ch Section 1542,whichprovides s s:
N general release does not extend to the claims which the creditor
existdoes not know or suspect to in hist the time
executing the release, is if i r must have
materially affectedi t hersettlernent with the debtor."
knowinglyB. Employer ily releases and forever discharges, to the full
permittedextent I claims,
unasserted,unknown, asserted and !oyer has or may have against
of t iv this r Release.
agreesEmployer that thisl Release shall cover allievery nature and
i present,
which Employerv inst Employee, despite the fact that CaliforniaCivil
Code Section vide otherwise. Employer expressly waives any right
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benefit available to it in any capacityr isi s of such Section ,
which providess follows:
general release does not extend to the claims whichcreditor
suspectdoes not know or ist in hist her favor at the time
executing 1ease, which if imust hove
materially is settlement withr."
IDiscrimination.
........._....._........................................_......................_.........�........
A.
Employee rees that, by entering into this Settlement Agreement
and Mutual General Release, (i) he is waivingrights or claims he mightv
under the Age Discriminationin I t Act, as amended by the Older
Workers fit Protection Act; (ii) he has been advisedto consult wiattorney
before i i this Settlement Agreementl General I (iii) he
offeredhas been the opportunityv ims of this Settlement
Agreement and Mutual General Releaser not less ( 1) days prior
to his executionthis I t and Mutual General Release, v
electthough he may 'r this Settlement Agreement and Mutual General
beforeRelease (21)day period expires.
EmployeeB. revoke this Settlement Agreementl General Release by
writtentic delivered to Employer'sf i 'rperiod (
afterdays Employee's xci this Settlement Agreement and Mutual General
Release ( i r the "revocation Period"), and it shall become enforceableonly
upon the expiration v c iPeriod, without prior revocation
Employee. f I s not revoke, as providedherein, this
Settlementr Mutual General Release shall be effectivethe first
day following it i Revocation ri .
V. Affirmations
............._...........................................................
Employee rr t he has not filed, caused to be filed, r presently is a party to any
claim, clit, or action againstin or form.
affirmsi s received l leave i r unpaid), compensation,
wages, bonuses, commissions, r benefits to whichy be entitled
other leave i unpaid), compensation, , bonuses, commissions and/or benefits
are due to her, except as provided in this Settlement Agreementl General
Release. Ioyee furthermore affirmsthat he has no known work-relatedinjuries r
occupational diseases and has been providedr has not been deniedleave
requestedr the FamilyMedical Leave Act. EmployeeEmployer
has relied I 's representations herein.
I. Waiver_,.... Reinstatement as Independent r r rFuture
__._............._.......... ....................................� __......,,,...................._.
................
Business I ti i. i ,,..y....
Employee acknowledges s circumstances ique to him including, but not
iimited to, irreconcilable di r e s with Employer, he will not attempt to acquire
position i r in the future ,therefore, shall not applyin the future
employment, an independent contractor sii si ion of any kind withr.
Employee agrees that I r shall not be liable for any damages now ori the
futurec Employer's refusal to retain, i t employ
whatsoever.
V11. No n-Disparagement
Employer agrees Employeeis resigning in good standing. I t
provideith a reference letter, which shall be an executedis
acknowledgingthe good qualityemployee
attendant monetary savings by Employerresulting r c . Employee further
agrees not to defame, i t demean Employerin any manner whatsoever.
Employer also agrees not to defame, disparageanything
Employee did or may have done in the course and scope of his relationship with .
III. Governing Law and Interpretation
This s shall be governed
construed in accordance withs of the stateli 'r , without regard to its
conflictrules; except that parol evidence shall not be considered , vary,
modifyi . In
the event Employee r Employer breachesprovision this Settlement Agreement
Mutual General Release, Employee and Employer affirmeither may institute i
to specifically enforce any term or terms of this Settlement Agreement and Mutual General
Release. Should any provision i I l Release
declaredbe illegal or unenforceablet jurisdiction, and cannot
modified 1 , excluding the generals , such provisionshall
immediately v Ie and null and vi , leaving the remainder this Settlement
Agreement and Mutual General Release in c .
I Non-admission i
Employer and Employee agree that neitheris Settlement Agreement and Mutual General
Release r i 'r consideration for this
General Release shall be deemed or construed t any timer any purpose as any
admission r or Employeef any liabilityr unlawful conduct of any kind.
X. Amendment
This F l Release may not be modified, altered
changed exceptexpress written consent of Employer .
I. Miscellaneous
A. Employee and Employer represent r l claim,
right, demand, debt, action, obligation, liability or cause of action that they may
have againstc ther which has not been released in this Settlement Agreement
and Mutual General Release.
representB. Employee and Employer they haveiconsult
with an attorney of their own choosingin the negotiationsleading
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.
Int event itshall 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 party in such action, in addition to any other relief, shall be entitled to
costs and reasonable attorneys' fees, including fees for use of in-house counsel by
Employer.
XII. gEnntji! r n
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 and Mutual General Release, except
rt set forth in this Settlement Agreement and Mutual General Release.
X111. Summa!y Enforcement
Any provisions of Evidence Code Sections 1115-1128 notwithstanding, this 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 CONSIDERATION, ENTERS INTO THIS SETTLEMENT AGREEMENT AND MUTUAL
GENERAL RELEASE INTENDING TO WAIVE, SE17LE 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 asof the dates set fo, h below-
'o 9w
Date: Decembel�y' 2017
Mark Garcia''
CITY OF REDLANDS
Date: December_____, 2017
nrique art" City Mana
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