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HomeMy WebLinkAboutContracts & Agreements_47-2022SETTLEMENT AGREEMENT & GENERAL RELEASE This Settlement Agreement and General Release (the "Agreement") is entered into this 1 st day of March, 2022, by and between Steve Unland, an individual ("Unland") and Defendant City of Redlands ("City") Unland and City are sometimes individually referred to herein as a Party and, together, as the "Parties " RECITALS WHEREAS, on or around July 9, 2018, Unland commenced employment with City ("Employment"), and WHEREAS, on or about January 18, 2019, Unland's Employment with City ended ("Employment End Date"), and WHEREAS, subsequently, Unland asserted that City's termination of Unland's Employment was unlawful (the "Claims"), and WHEREAS, on or about September 20, 2019, Unland filed a Complaint with the Superior Court of the County of San Bernardino against City (the "Lawsuit"), and WHEREAS, on or about February 11, 2020, City filed an Answer to Unland's Complaint. Therein, City denied generally and specifically each and every allegation of the Complaint, denied it is liable to Unland in any amount, and denied that Unland has sustained damages by reason of any act or omission of City; and WHEREAS, the Parties, on behalf of themselves and their current and former employees, agents, officers, City's council members, representatives, assigns, successors -in -interest, heirs, counsels, and insurers now desire to resolve and settle all claims, counter -claims, and dispute arising from or involving the Employment, Claims, and/or Lawsuit; and WHEREAS, the Parties agree and mutually acknowledge that this Agreement is for settlement purposes only City has denied and continues to deny any wrongdoing in connection with the Employment, Claims, and/or Lawsuit. Neither this Agreement nor any action taken pursuant to this Agreement shall constitute an admission of any wrongdoing, fault, violation of law, or liability of any kind on the part of the Parties, or any admission by and of the Parties of any claim or allegations made in any claim against such party This Agreement is entered into, in substantial part, to avoid the fees and expenses associated with any potential litigation over the Employment, Claims, and/or Lawsuit. The Parties agree that this Agreement shall be inadmissible as evidence of liability or damages in any forum or proceeding, AGREEMENT 1 The Parties acknowledge that the recitals stated above are true and correct and incorporate by reference those recitals into this Agreement. 2 In consideration of this Agreement and the promises set forth herein, City shall pay Unland the total sum of Twenty Seven Thousand Nine Hundred Dollars ($27,900 00) ("Settlement 1 17942.00126\34859171.1 Doc ID e6b7fc93fc57660ffd44bdc34c9bc52e5faea9a6 Amount") by way of a check made payable to Levine & Blit LLP Client Trust Account. Payment shall be mailed within twenty-one (21) calendar days of Unland's delivery to City's counsel of a fully executed counterpart of this Agreement by Unland. Payment shall be sent via overnight mail to Unland's counsel's address as listed in the Notice provision below 3 Unland acknowledges and agrees that an IRS form 1099 reflecting receipt of the payment set forth in paragraph 2 above will be issued to Unland's counsel and, as an express condition precedent to payment of the amounts set forth in paragraph 2 above, Unland's counsel shall provide City's counsel with an executed IRS form W-9 concurrent with its delivery to City of this Agreement, as executed by Unland. 4 City makes no representations or warranties as to any tax consequences associated with this settlement or the payment of funds as set forth in paragraph 2 above No state or federal income tax payments or other employee salary deductions will be withheld from the payments and the Parties agree that the determination of tax consequences of this settlement is the sole responsibility of Unland. Unland agrees that Unland is responsible for any taxes or other withholdings due to the federal government or any state or local government entity as a result of the payment of the amounts set forth in paragraph 2 above and agrees to defend, indemnify, and hold City harmless from and against any and all related liability 5 Other than as referenced in paragraph 2, the Parties shall bear their own respective counsels' fees, expenses, and costs incurred in connection with all disputes arising out of, relating to, or connected with the Employment, Claims, and/or the Lawsuit, and the negotiation and preparation of this Agreement. 6 Within five (5) calendar days of Unland's receipt of the Settlement Amount, Unland shall cause Unland's counsel to file with the Court a dismissal of the entire Lawsuit, with prejudice ("Dismissal") Unland's counsel shall notify City's counsel of the filing of the Dismissal within two (2) calendar days thereafter, and provide City's counsel with a conformed copy of the Dismissal when it becomes available 7 Unland shall not initiate, or proceed with, any actions, causes of action, or claims that could be, or have been, asserted against City arising out of the Employment, Claims, and/or Lawsuit. To the extent that any such actions, causes of action, or claims are, or become, pending in any forum, Plaintiff agrees to disclose such and to execute all documents necessary for the withdrawal of such actions, causes of action, claims, etc , with prejudice and forthwith. 8 Unland, on behalf of Unland and Unland's representatives, executors, spouse, heirs, assigns, and successors -in -interest, hereby releases and forever discharges City and its current and former agents, officers, City's council members, employees, representatives, assigns, successors - in -interest, counsels and insurers from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs, and counsels' fees of every kind and character, known or unknown, existing or contingent, latent or patent, regarding the matters alleged in, arising from, or related to the Employment and/or Claims. 2 17942.00126\34859171 1 Doc ID e6b7fc93fc57660ffd44bdc34c9bc52e5faea9a6 9 City, on behalf of itself and its current and former agents, officers, City's council members, employees, representatives, assigns, successors -in -interest, counsels and insurers hereby releases and forever discharges Unland and Unland's counsel, agents, executors, heirs, assigns, and successors-m-interest from any and all claims, causes of action, actions, damages, losses, demands, accounts, reckonings, rights, debts, liabilities, obligations, disputes, controversies, payments, costs, and counsels' fees of every kind and character, known or unknown, existing or contingent, latent or patent, regarding the matters alleged in, arising from, or related to the Employment and/or Claims 10 It is the intention of the Parties hereto that the releases entered into by them as a part of this Agreement shall be effective as a bar to all actions, causes of action, obligations, costs, expenses, counsels' fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected. In furtherance of this intention, the Parties hereby expressly waive any and all rights or benefits conferred upon them by the provisions of Section 1542 of the California Civil Code, which reads as follows A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party 11 The Parties hereby acknowledge that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was bargained for separately The Parties hereto expressly agree that the release provisions herein contained shall be given full force and effect in accordance with each and all of their express terms and provisions, including but not limited to those terms and provisions relating to unknown or unsuspected claims, demands, and causes of action hereinabove specified. The Parties specifically agree to assume the risk of the subsequent discovery or understanding of any matter, fact, or law which if now known or understood would in any respect have affected this agreement. 12. Unland represents that Unland is over the age of 40 Further, Unland acknowledges Unland's waiver and release hereunder of any rights Unland may have under the Age Discrimination in Employment Act ("ADEA") is knowing and voluntary and that the consideration given for Unland's waiver and release in this Agreement is in addition to anything of value to which Unland was already entitled. Unland further acknowledges that Unland has been advised by this writing as required by the Older Workers Benefit Protection Act, that: (a) Unland's waiver and release of rights in this Agreement does not apply to any rights or claims that may arise after this Agreement is executed, (b) Unland should consult with an attorney prior to executing this Agreement; (c) Unland has had at least forty-five (45) calendar days from the date Unland first receives this Agreement to obtain the advice of counsel from the legal representative or Unland's choice and to decide whether to sign it (although Unland may, by Unland's own choice, execute this Agreement earlier), and any negotiated revisions to the document after that date do not re -start this period, (d) Unland understands that for seven (7) calendar days after Unland signs this Agreement, Unland has the right to revoke it ("revocation period"), and (e) the Agreement shall not become effective and enforceable until the date upon which the revocation period has expired, which shall be the eighth day after the Agreement is executed by Unland. If Unland chooses to 3 17942.00126\34859171 1 Doc ID e6b7fc93fc57660ffd44bdc34c9bc52e5faea9a6 revoke, notice must be sent to and received by City's counsel by no later than the time frame referenced above. (Seven (7) calendar days after Unland signs the Agreement.) Unland understands and agrees that Unland will be entitled to the consideration provided by this Agreement only if Unland does not revoke Unland's signature on this Agreement. 0 Unland's Initials 13 Each Party is aware that such Party may hereafter discover claims or facts in addition to or different from those that the Party now knows or believes to be true with respect to the matters related herein. Nevertheless, it is the intention of each Party to fully, finally, and forever settle and release all such matters, and all Claims related to those matters. 14 Nothing in this Agreement shall be construed to prohibit Unland from filing a complaint or charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"), or comparable state or local agency, or to limit Unland's right to testify, assist, or participate in any investigation, hearing, or proceeding conducted by the EEOC, or a comparable state or local agency Notwithstanding the foregoing, Unland waives Unland's right to recover monetary damages in any charge, complaint, or lawsuit filed by Unland or anyone else on Unland's behalf for any Claims released herein 15 The Parties represent and warrant that they fully understand each of the terms of this Agreement and their consequences, and that they have sought the advice of counsel prior to executing this Agreement. 16 This Agreement is binding upon and shall inure to the benefit of the Parties, their respective agents, counsels, representatives, executors, heirs, assigns, successors -in -interest, trusts, partnerships, and joint ventures. 17 Each person executing this Agreement does hereby personally represent and warrant to the other signatory that such person has the authority necessary to execute this Agreement, and that no other consents or approvals of anyone are required or necessary for this Agreement to be binding on the Parties 18 Any notice, request, or communication required to be given to either Party under this Agreement shall be given in writing and shall be sent by overnight mail, email, or other traceable form of delivery to the addresses below. To City. To Unland. 17942.00126\34859171 1 City Attorney City of Redlands P O Box 3005 Redlands, California, 92373 Ted Lippincott Levine & Blit LLP 6300 Wilshire Boulevard, Ste. 945 Los Angeles, California 90048 1 (310) 281-0100 tlippincott@levineblit.com 4 Doc ID e6b7fc93fc57660ffd44bdc34c9bc52e5faea9a6 19 This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California 20 The Parties acknowledge that they have relied wholly upon their own individual judgment, belief, and knowledge of the existence, nature, and extent of each claim, demand, or cause of action that either Party may have against the other Party which is hereby released and that they have not been influenced to any extent in entering into this Agreement by any representations or statements regarding any such claim, demand, or cause of action made by the other Party. 21 This Agreement has been jointly negotiated and drafted The language of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against either of the Parties 22 Should any term of this Agreement be deemed unlawful, that provision shall be severed, and that remaining terms shall continue to be valid and fully enforceable 23 This Agreement cannot be modified except by written document signed by both Parties 24 The Parties expressly acknowledge and agree that this Agreement constitutes a single, mtegrated written agreement expressing the intentions of the Parties concerning the claims arising out of or relating to the Employment and the Claims There is no other agreement, written or oral, express or implied, between the Parties with respect to such claims 25 The Parties agree to execute such ether documents and take such other action as may be reasonably necessary to finalize and perform this Agreement 26. This Agreement may be executed by signature of each of the Parties, or the Parry's authorized representative, on multiple copies of this Agreement, e g „ a counterpart, including copies transmitted by electronic mail or facsimile machine, and upon being so executed by all Parties, shall be effective as if all signatures appeared on the original of this Agreement DLANDS Paul T Barich, Mayor Approved as to form and substance Thomas M O'Connell, STEVE UNLAND 4,4 Steve Unland Approved as to form and substance Ted Lippincott, Best Best & Krieger, LLP Levine & Bi>t LLP 5 17942 00126\34859171 1 Doc ID e6b7fc93fc5766Offd44bd.c34c9bc52e5faea9a6 ATTEST, Donaldson, City Clerk 6 17942. 0012613 485 9171 1 Doc ID e6b7fc93fc5766Offd44bdc34c9bc52e5faea9a6 OHELLOSIGN TITLE Hello FILE NAME 1645828774-Unland nt-ci-FINAL pdf DOCUMENT ID e6b7fc93fc57660ffd44bdc34c9bc52e5faea9a6 ALDAT TRAIL DATE FORMAT MM 1 DD 1 YYYY STATUS * Signed Tlxs document was requested on Ievinablit cllogrow com and signed on levineblit cliogrow coin Document History SENT VIEWER SIGNED VIEWED SIGNED 0212512022 14.41 13 UTC-8 0212512022 16 24 36 UTC-8 0212512022 16 49 02 UTC-8 0212512022 17 41 22 UTC-8 02125 / 2322 17 42 51 UTC-8 02125 / 2022 COMPLETED 17 42 51 UTC-8 Powered by OHELLOSIGN Audit Trail Sent for signature to Steve Unland (emplreweldfab@yahoo com) and Ted Lippncott (tiippincott@levineblit.com) from tlippincott@levineblit com IP 70 227 91 205 Viewed by Steve Unland (emplreweldfab@yahoo com) IP 173 205 180 103 Signed by Steve Unlend (emplreweldfab@yahoo com) IP 173 205 180 103 Viewed by Ted Lippincott (tlippincott@levineblit com) IP 70 227 91 205 Signed by Ted Lippincott {tlippincott@levineblit com) IP 70 227 91 205 The document has been completed