Loading...
HomeMy WebLinkAboutContracts & Agreements_2A-2018 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE The City of Redlands, including its current and former elected officials, officers, employees, an agents (hereinafter collectively referred to throughout this Settlement Agreement and Mutual General Release as "Employer"), and Amy Martin, including her 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 One Hundred Thi Three Thousand Nine Hundred Eighty One and Twenty-FiveOne-Hundredths Dollars ($133,981.25)(hereinafter the "Payment") in full satisfaction of all claims, known or unknown, asserted or non- asserted, 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 six hundred nine hours (609)as of February 2, 2018, in the amount of Forty Nine Thousand Four Hundred Eighty One and Twenty-Five One-Hundredths Dollars($49,481.25);and (2) Six ( ) months' severance pay in theamount of Eighty Four Thousand Five Hundred Dollars($94,500). 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 taxabliltV. Employee agrees that she has not relied on any such representation by Employer. Employee further agrees and acknowledges that she 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. Employer shall make the January, 2418, IRC section 401 ( ) payment to Employee's IRC section 401 ( ) account in the amount of Four Thousand Five Hundred Five Dollars($4505.00). E. Employee shall be entitled to a"medical bridge"program for herself upon separation from the City until she becomesMedicare-eligible. "Medical ridge" is defined as employee-only coverage at the least expensive equivalent health,vision,and dental insurance plan as provided by Employer to its then existing Directors through the 9 CalPERS medical pian until Employee reaches the age of Medicare eligibility at which time the benefit will cease. Employee may also select coverage for Employee's eligible dependents; however,the additional cost shall be paid for by Employee and will not be paid for by Employer. F. For one (1) month, from and after February 2, 2018 to March 2, 2018, Employer hereby permits Employee to "port" the telephone number of 909-528-5808. Employee shall be responsible for all costs including billings associated with the "porting"of 909-528-5808 for such period. II. 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. She has submitted a written resignation letter to Employer effective as of February 2, 2018,to resign employment with the City of Redlands.The resignation letter has been accepted by Employer and will be deemed irrevocable.The aforesaid letter of resignation 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 her status of Employee, until February 2,2018,and will not be required to use any type of leave during the period of January 4,2018 through February 2,2018. 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 her job title. III. No Consideration absent Execution of this Agreement. Employee understands and agrees that she 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; • 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 Compensation Claim—California Labor Code Section 11 a(1)to(4), • California Unruh Civil Rights Act—Civil Code Section 51 et seq.; • California Parental Leave Low—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 claim for costs, fees, or other expenses Including attorneys' fees Incurred In these matters. Furthermore, an behalf of herself, her 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 her 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 her in any capacity under the 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 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 W 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 1.542 may provide otherwise. Employer expressly waives any right or benefit available to it In any capacity under the 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) she is waiving any rights or claims she might have under the Age Discrimination in Employment Act,as amended by the Older Workers Benefit Protection Act; (ii) she has been advised to consult with an attorney before signing this Settlement Agreement and Mutual General Release;and(III)she 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 her execution of this Settlement Agreement and Mutual General Release, even though she may elect to sign this Settiement 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 Genera) 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 fled,or presently is a party to any claim,complaint,or action against Employer in any forum or form.Employee further affirms that she has been paid and/or has received all leave (paid or unpaid), compensation, wages, bonuses, commissions,and/or benefits to which she may be entitled and that no other leave(paid or unpaid), compensation,wages, bonuses, commissions and/or benefits are due to her,except as provided in this Settlement Agreement and Mutual General Release.Employee furthermore affirms that she 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. VII. Non-disparagement, Employer agrees Employee is resigning 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 her relationship with Employer. Vill. 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 he 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. I . Non-admission of Wrongdolpg. 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 any time for any purpose s any admission by Employer or Employee of any liability or unlawful conduct of any kind. 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. I. Miscellaneous. A. Employee and Employer represent that they are currently unaware of any claim, right,demand,debt,action,obligation,liability or cause of action thatthey 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 lein 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 t 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. IL EntIm_A&["Mja. This Settlement Agreement and Mutual General Release contains the entire agreement between of Employer and Employee with respect to its subject r, and fully supersedes any prior obligation of Employer to Employee withrespect 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 Mutuf General Release, except for those set forth in this Settlement Agree et and Mutual General Release. XIII. Summary Enforcement' Any provisions of Evidence Code Sections 1115-112 n it st i ,this Se le t ree ent an utul ne 1 elease b enforced either Employer or Employee by a motionunder Code of Civil Procedure Section 664.6 or by any other procedure permitted by law. HAVING ELECTED TO EXECUTE TI L E ENT AND MUTUAL GENERAL RELEASE,T FULFILL THE PROMISES AND TO RECEIVEE PAYMENT, EMPLOYEE FREELY I L ,AND AFTER E CONSIDERATION,ENTERS INTO THIS SETTLEMENTA E T L GENERAL RELEASE INTENDING AIVE, SETTLE AND RELEASELL CLAIMS SHE HAS OR MIGHT VE AGAINST EMPLOYER. IN WITNESS WHEREOF,Employer and Employee not l n voluntarily executed this Settlement Agreement and Mutual General Release s of the dates set forth below: EMPLOYEE Date:January ,2018 Amy Martin Date:January 5,2018 /A a AEnriN. qu `r ,