HomeMy WebLinkAboutContracts & Agreements_201-2013_CCv0001.pdf SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE
The City of Redlands, including its current and former elected officials, officers, employees, and
agents (hereinafter collectively referred to throughout this Settlement Agreement and Mutual
General Release as "City"), and Tracey Harris, including her heirs, executors, administrators,
successors, and assigns (hereinafter collectively referred to throughout this Agreement as
"Harris"), agree that:
I. Consideration
In consideration for Harris's execution of this Settlement Agreement and Mutual
General Release and compliance with the promises made herein, City agrees:
A. To pay the arbitrator's cancellation fee for Harris' pending arbitration proceeding
scheduled for October 1st and 2nd, 2013.
B. To pay Harris the total sum of Fifty Thousand Dollars ($50,000) (hereinafter the
"Payment") in full satisfaction of all claims, known or unknown, asserted or
unasserted and alleged wages due and owing to Harris (hereinafter referred to
as the "Claim"). Payment is to be made within thirty (30) days from the date this
Settlement Agreement and Mutual General Release becomes enforceable. The
full amount of the Payment will be reported by issuance of an I.R.S. form 1099-
misc.
C. It is understood that the Payment is made to fully compromise and release
Harris's Claim against City, including Harris' attorneys' fees and costs. City makes
no representation as to the nature of this settlement, the Payment, or its
taxability. Harris agrees that she has not relied on any such representation by
City. Harris further agrees and acknowledges that she is responsible for
complying with any tax obligations with respect to the Payment.
D. City agrees that it will not claim Harris is disqualified for unemployment
insurance pursuant to Unemployment Insurance Code section 1256 through the
Employment Development Department.
E. Inquiries to City from prospective cities seeking references or performing
background investigation shall only be responded to by City with information of
the dates of Harris' employment and her job title. Harris' personnel file will
reflect the separating event from employment with City as voluntary resignation.
In consideration for City's execution of signing this Settlement Agreement and Mutual
General Release and compliance with the promises made herein, Harris agrees that:
A. Harris will withdraw her request for arbitration of her grievance that is scheduled
for October 1st and 2nd, 2013.
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B. This Settlement Agreement and General Mutual Release is not confidential, and is
a public record of City subject to public disclosure in accordance with state law.
U. No Consideration Absent Execution of this Agreement
Harris understands and agrees that she would not receive the Payment except for
Harris' execution of this Settlement Agreement and Mutual General Release, and the
fulfillment ofthe promises contained herein.
U|. Mutual General Release of Claims
Harris knowingly and voluntarily releases and forever discharges, to the full extent
permitted by law, City from any and all other claims related to Harris' employment with
City known and unknown, asserted and unasserted, that Harris has or may have against
City as of the dote of Harris' execution of this Settlement Agreement and Mutual
General Release, including, but not limited to, any alleged violation of:
• Title VII oFthe Civil Rights Act of1964, asamended
w The Civil Rights Act oFI991
• Sections I981through I988 ofTitle 42ofthe United States Code, osamended
w The Employee Retirement Income Security Act oFl974, asamended
• The Immigration Reform and Control Act, asamended
• The Americans with Disabilities Act of199U, asamended.
• The Workers Adjustment and Retraining Notification Act, asamended.
• The Occupational Safety and Health Act, ayamended
• The Sarbames-Ox|eyAct of2OO2
w California Family Rights Act—[a|ifornia Government Code Section 13945.2 e1 seq.
• California Fair Employment and Housing Ac± — Ca|ifornia Government Code Section
1298Oetseq.
w Statutory provision Regarding Rgta|io1ion/DiScrirnination for Filing a Workers
Compensation Claim—California Labor Code Section I132a/I\to(4)
m California Unruh Civil Rights Act—Civi| Code Section 51 et seq.
• California Parental Leave Law—California Labor Code Section 230.7 etseq.
• California Family and Medical Leave—California Labor Code Section 233
~ California Parental Leave for School Visits Lavv—Ca|ifornia Labor Code Section 230.7
etseq'
• Any other federal, state, orlocal civil Orhuman rights law Orany other local, state Vr
federal law, regulation or ordinance
• Any public policy, contract,tort, orcommon law; and
• Any claim for costs, fees, or other expenses including attorneys' fees incurred in
these matters.
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Furthermore, on behalf of herself, her relatives, heirs, estate, executors, administrators,
successors and assigns, Harris does fully release and discharge City from any and all
other actions, causes of action, claims, judgments, obligations, damages, and liabilities
of whatsoever kinds and character related to Harris' employment with City, including,
but not limited to, any actions, causes of action, claims, judgments, obligations,
damages, or liabilities, and the causes, procedures and circumstances surrounding the
separation of her employment with City (including, but not limited to EEOC, DFEH,
disability retirement, short-term disability, and long-term disability claims).
Harris agrees that this Settlement Agreement and Mutual General Release shall cover
any and all claims related to Harris' employment with City of every nature and kind
whatsoever, whether known or unknown, suspected or unsuspected, past or present,
which Harris may have against City, despite the fact that California Civil Code Section
1542 may provide otherwise. Harris 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."
IV. Age Discrimination Claims
A. Harris 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 Settlement Agreement
and Mutual General Release before such twenty-one (21) day period expires.
B. Harris may revoke this Settlement Agreement and Mutual General Release by
written notice delivered to City's City Attorney within a period of seven (7) days
after Harris' 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
Harris. In the event that Harris 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.
V. Affirmations
Harris affirms that she has not filed, caused to be filed, or presently is a party to any
claim, complaint, or action against City in any forum or form. Harris further affirms that
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she has been paid and/or has received all leave (paid orunpak]icompensation, 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. Harris furthermore affirms that she hos 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. Harris understands that City has
relied upon Harris' representations herein.
Vi Waiver of Right to Employment, Reinstatement as Independent Contractor, or Future
Business Relationship with City
Harris acknowledges that because of circumstances unique to her including, but not
limited to, irreconcilable differences with City, she will not attempt to acquire any
position with City now or in the future and, therefore, shall not apply in the future for
employment, an independent contractor position, or position of any kind with City.
Harris further agrees that City shall not be liable for any damages now orinthe future
because of City's refusal to retain, hire or employ Harris for any reason whatsoever.
VII. Non-Disparagement; Separation of Employment
City agrees it will not release Harris' personnel file, or the contents therein, to
prospective employers, and will report to prospective employers Harris/ separation of
employment with City as a voluntary resignation. City further agrees not to defame,
disparage ordemean Harris for anything Harris did or may have done in the course and
scope ofher relationship with City. Harris agrees tovoluntarily resign from employment
with City. Harris further agrees not to defame, disparage or demean City in any manner
whatsoever.
V||i 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 mflaws rules; except that parol evidence shall not be considered to alter, vary,
modify or amend the terms of this Settlement Agreement and Mutual General Release.
In the event Harris or City breaches any provision of this Settlement Agreement and
Mutual General Release, Harris and City 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 K8utua! General
Release be declared illegal orunenforceable byany court 0fcompetent 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 infull force and effect.
|X. Non-admission of Wrongdoing
City and Harris agree that neither this Settlement Agn28nnemt and Mutual General
Release nor the furnishing of the consideration for this Settlement Agreement and
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Mutual General Release shall be deemed or construed at any time for any purpose as
any admission by City or Harris 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 City and Harris.
X1. Miscellaneous
A. Harris and City 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. Harris and City 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 City or Harris 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 City.
X11. Entire Agreement
This Settlement Agreement and Mutual General Release contains the entire agreement
between of City and Harris with respect to its subject matter, and fully supersedes any
prior obligation of City to Harris with respect to the same. City and Harris 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 for those set forth in this Settlement
Agreement and Mutual General Release.
XIII. Summary Enforcement
Any provisions of Evidence Code Sections 1115-1128 notwithstanding, this Settlement
Agreement and Mutual General Release may be enforced by either City or Harris 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, HARRIS FREELY AND
KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS SETTLEMENT AGREEMENT
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HAVING ELECTED TO EXECUTE THIS SETTLEMENT AGREEMENT AND MUTUAL GENERAL
RELEASE, TO FULFILL THE PROMISES AND TO RECEIVE THE PAYMENT, HARRIS FREELY AND
KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS SETTLEMENT AGREEMENT
AND MUTUAL GENERAL RELEASE INTENDING TO WAIVE, SETTLE AND RELEASE ANY AND ALL
CLAIMS RELATED TO HARRIS' EMPLOYMENT WITH CITY THAT SHE HAS OR MIGHT HAVE
AGAINST CITY.
IN WITNESS WHEREOF,- City and Harris knowingly and voluntarily executed this Settlement
Agreement and Mutual General Release as of the dates set forth below:
Date:September'22013
racy H cis
CITY OF REDLANDS
Com'
Date:September _., ,2013
Pete Aguilar, Mayor
ATTEST:
Sam Irwin,City Clerk
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