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HomeMy WebLinkAboutContracts & Agreements_63-2025SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and General Release ("Agreement") is entered into between the City of Redlands ("City"), its past and present officers, directors, governing body, employees, agents, predecessors, attorneys, divisions, affiliates, representatives, successors in interest and assigns and all persons acting by, through, under, or in concert with any of them (collectively, the "City"), on the one hand, and Travis Martinez ("Martinez" or "Employee") on the other. The City and Martinez are collectively referred to as the "Parties" or individually as a "Party" with reference to the following: RECITALS A. WHEREAS, Martinez is employed with the City as a deputy chief in the Redlands Police Department; B. WHEREAS, the Parties wish to release the other of any and all claims they each may have against the other, and to amicably end their employment relationship. NOW THEREFORE, and in consideration for the promises contained herein, and other good and valuable consideration, receipt of which is acknowledged by the execution of this Agreement, and to avoid unnecessary litigation, it is agreed by and between the Parties as follows: AGREEMENT 1. Recitals. The recitals set forth above are true and correct and are hereby fully incorporated by reference into this Agreement. 2. No Precedent. This Agreement is in no way intended, and shall in no way be construed, to restrict rights guaranteed to the City under local, state or federal law, rule, policy or agreement or to establish a precedent in this or any other matter, now or in the future. 3. No Admission of Liability. This Agreement shall not in any way be construed to be an admission by the City or Martinez of any unlawful or wrongful acts or other liability whatsoever against each other or against any other person. The City and Martinez specifically disclaim any liability to, or wrongful acts against, each other or against any other person on the part of themselves, any related person or any related predecessor corporation or its or their agents, representatives or successors in interest and assigns. 4. Martinez' Retirement and Waiver of Claims. The Parties agree that, in consideration of Martinez' promises as set forth in this Agreement, the City and Martinez will perform the following acts on or after the effective date of this Agreement: 1 RE035\053\12811551. v2 a. Employee's Irrevocable Retirement. Within ten (10) days from the effective date of this Agreement Martinez will have submitted an application for service retirement with CaiPERS, however he will not be deemed to have retired from his employment with the City until all items in subsection 4(b) regarding payment of monetary considerations have been met. Martinez shall advise the City immediately upon submission of his application for retirement by emailing a copy of his CaiPERS application to Human Resources Manager Kisha McDonald at kmcdonald@ciiyofredlands.org. By virtue of his execution of this Agreement, Martinez acknowledges and agrees that his retirement is a voluntary act, that there was no coercion in such regard by the City and that he has had the opportunity to fully discuss his decision to retire with his counsel. Martinez further acknowledges and agrees that upon his submission of his filing the application for retirement and once the City has fulfilled all items in subsections 4(b), Martinez's separation from employment is deemed irrevocable and not subject to being set aside by any judicial or administrative action, none of which shall be instituted by Martinez. This provision is a material condition of this Agreement in conjunction with all other terms herein and in consideration of the following: b. Payment of Monetary Consideration to Martinez. Within thirty (30) calendar days from the effective date of this Agreement, and after Martinez submits his retirement application for a service retirement to Ca1PERS, the City shall pay to Martinez the total sum of Eight Hundred and Seventy-one Thousand Nine Hundred and Fifty-six dollars and zero cents ($871,956.00) ("the Settlement Proceeds")to be paid on a payroll check issued by the City with all usual deductions taken. Martinez shall be solely responsible for any personal tax liability associated with the payment of the Settlement Proceeds to him. The City shall remain responsible for any employer tax obligations as a result of this Agreement, if any, and Martinez shall indemnify and hold the City harmless for all tax liability associated with payment of the Settlement Proceeds to him, if any, Within the same 30 calendar days, the City shall issue to Martinez an additional payroll check, with all usual deductions taken, for the following accruals that exist as of the time Martinez submits his retirement application: wages, sick time, vacation time, floating holiday, banked holiday time, compensatory time, rideshare time (at the rate of $6.60/hour), and executive leave time. C. Non -Monetary Consideration to Martinez. Within thirty (30) days from the effective date of this Agreement, the City shall do the following: (1) issue a "flat badge" to Martinez of the type consistent with badges usually given to retired personnel; (2) provide Martinez an opportunity to retrieve personal photographs and stored addresses/contacts from his City -issued cell phone under City supervision; (3) allow Martinez the opportunity to retrieve all personal property that was left in the Department and/or any locker or storage space assigned to Martinez within the Department; and (4) afford Martinez the opportunity to inspect his full and complete personnel file consistent with City and Department policy. In addition, once Martinez actually retires from the City and submits the required forms, he will be issued a CCW in accordance with Redlands Police Department policy. 2 RE03510531129115 51.v2 5. Release of Claims and Potential Claims. As consideration for the payments and agreements that make up this Agreement, the Parries hereby irrevocably and unconditionally waive, release and forever discharge each other from any and all claims they may have against one another. Such claims include but are not limited to: Any and all charges, complaints, lawsuits, claims, liabilities, claims for relief, claims for punitive damages, obligations, promises, agreements, contracts, interests, controversies, injuries damages, actions, causes of action, suits, rights, demands, costs, losses, debts, liens, judgments, indebtedness, and expenses (including attorney's fees and costs actually incurred), of any nature whatsoever, whether in law or in equity, known or unknown, suspected or unsuspected, actual or potential, which the Parties now have, own, or hold, or claim to have, own, or hold against each other, at common law or under any statute, rule, regulation, order or law, whether federal, state, or local, or on any grounds whatsoever, with respect to any act, omission, event, matter, claim, damage, loss, or injury arising out of the employment of and/or the separation from such employment between Martinez and the City, and/or with respect to any other claim, matter, or event arising prior to the Effective Date of this Agreement by the Parties, including, but not limited to the following: The California Fair Employment and Housing Act (California Government Code § 12940 et seq.), the California Family Rights Act (California Government Code §12945.2, 19702.3 et seq.), California Government Code § 11135, the Unruh and George Civil Rights Acts (California Civil Code §51 et seq.), the California Labor Code, including, but not limited to, Labor Code section 1194 and any related Wage Orders or similar directives/authorities issued by any state authority having enforcement powers, the Fair Labor Standards Act and any related regulations, interpretive bulletins or similar directives/authorities issued by any Federal authority having enforcement powers; The Constitution of the United States, the Constitution of the State of California, Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000e et seq.), the Equal Pay Act (29 U.S.C. §206(d)), the Rehabilitation Act of 1973 (29 U.S.C. §793 et seq.), the Family and Medical Leave Act (29 U.S.C. §2901 et seq.), the Employee Retirement Income Security Act of 1974, also known as "ERISA" (29 U.S.C. §1001 et seq.), and/or Sections 1981, 1983, 1985, 1986 or 1988 of Title 42 of the United States Code (42 U.S.C. 1981 et seq.), the Americans with Disabilities Act (42 U.S.C. §12101 et seq.); Claims of Retaliation (California Labor Code § 1102.5 et seq.), Claims of "Whistle - blowing," California Workers' Compensation Act (Labor Code §3201 et seq.), claims for breach of any type of contract, including written, oral or implied contracts, breach of any covenant, promise, or representation pertaining to Martinez' employment, whether express or implied, claims for negligent hiring, retention, supervision, investigation, wrongful termination, discrimination of any type, interference with economic relations, failure to pay wages and/or RE035\053\1281155 Ld2 benefits of any kind, fraud and/or misrepresentation of any kind, negligent or intentional infliction of emotional distress, slander, assault, battery, and/or any other claims arising under any other state or federal provision, act, ordinance, Constitution, law, common law, or arising under any contract or agreement, against the City. This Agreement does not limit the Parties' ability to bring an administrative charge with an administrative agency, but the Parties expressly waive and release any right to recover any type of personal relief, including monetary damages or reinstatement, in any administrative action or proceeding, whether state or federal, and whether brought by Martinez or the City or on Martinez' or the City's behalf by an administrative agency, related in any way to the matters released herein. Furthermore, nothing in this Agreement prohibits the Parties from reporting possible violations of law or regulation to any government agency or entity, including but not limited to the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Department of Labor and/or the Department of Justice, or making other disclosures that are protected under the whistleblower provisions of law. The City nor Martinez needs prior authorization from the other to make any such reports or disclosures and is not required to notify the other that he or it has made such reports or disclosures. Notwithstanding the foregoing, the Parties agree that this general release does not apply to any claims Martinez may have for Workers' Compensation benefits (except as to claims under Labor Code sections 132a and 4553), unemployment insurance, or indemnification as provided by state law, as well as any other claims that cannot lawfully be released. This Agreement will not affect Martinez' possible future Workers' Compensation benefits and the City agrees not to use this Agreement to defeat Martinez' right to future Workers' Compensation benefits (if any). Civil Code Section 1542 Waiver. The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, 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. The Parties hereby expressly waive the provisions of California Civil Code section 1542 and further expressly waive any right to invoke said provisions now or at any time in the future. The Parties recognize and acknowledge that factors which have induced each of them to enter into this Agreement may turn out to be incorrect or to be different from what they had previously anticipated, and they hereby expressly assume any and all of the risks thereof and further expressly assumes the risks of waiving the rights provided by California Civil Code section 1542. RE035\053\12811551.v2 6. Release of All Claims Pursuant to Any MOU. Martinez hereby expressly waives any and all claims now and forever that he has or may have to rights or benefits against the City pursuant to any Memorandum of Understanding or collective bargaining agreement between the City and any employee association or union. Martinez also hereby expressly waives all claims now and forever that he has or may have that are or would be pursued by any employee association or union against the City on his behalf. 7. Disclosure of Agreement. This Agreement shall not be released by the City, except in response to a Court Order, upon the written authorization executed by Martinez, or as otherwise provided below: a. During defense by the City of any other proceeding or claim brought by Martinez (whether administrative, quasi -civil, civil or criminal) to which the City is either a party or a real party in interest, whether or not the bringing of said proceeding is violative of this Agreement, or in any administrative, quasi -civil, civil or criminal case where Martinez testifies or is designated as a potential witness on behalf of any party where the City is also a party (whether or not such act(s) are violative of this Agreement). In the course of any such defense or prosecution, there shall be no prohibition upon use by the City of the content of this Agreement, Martinez' general personnel file and/or other files as a defense to the proceeding(s) and/or in opposition to Martinez' participation and/or to impeach or otherwise counter his testimony, and no discovery procedures shall be required as a condition precedent to such use by the City. b. All employment information as defined by Government Code section 1031.1 shall be provided to any prospective law enforcement employer conducting a pre- employment, pre -independent contracting, or pre -affiliation investigation of Martinez that provides the City with a release of City liability, executed by Martinez and which specifically directs or authorizes the City to provide said person or entity with employment information in compliance with the requirements of Government Code section 1031.1. "Law Enforcement" employer/department shall be defined as any State of California or non -California agency employing, independently contracting with or otherwise affiliating in any manner with "peace officers" as that term is defined in the California Penal Code and in any counterpart sections in non -California jurisdictions, or by any non -governmental entity. C. To any other persons or entities that provide the City with a release of liability executed by Martinez and which directs or authorizes the City to provide said person or entity with access to or the contents of any personnel file materials maintained by the City. d. Inquiries from non -law enforcement prospective employers performing background investigations shall only be responded to with information of the dates of Martinez' employment, his job title and his salary on the last date of employment, unless the inquiry is REOMW3\12811551. 2 accompanied by a liability release/authorization executed by Martinez providing for more detailed disclosures. C. The Parties each agree to maintain the confidentiality of the negotiations underlying this Agreement to the extent permitted by law, and agree that they shall not voluntarily and publicly discuss the negotiations that led to this Agreement. This provision shall not extend to any disclosure of this Agreement or the information related to the negotiations of this Agreement that the City may be required to disclose pursuant to the requirements of the Ralph M. Brown Act, Government Code section 54950, et seq., the California Public Records Act, Government Code section 7920.000, et seq., Redlands Municipal Code Chapter 2.60, or the provisions of any other law or regulation requiring disclosure of information by public entities. 8. OWBPA Notice and Waiver. Martinez specifically acknowledges that, pursuant to Title 29 of the Code of the Laws of the United States of America, Chapter 14, entitled "AGE DISCRIMINATION IN EMPLOYMENT,"(hereinafter "ADEA") (1) it shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age; (2) to limit, segregate, or classify employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee in order to comply with said Chapter. The Older Workers Benefit Protection Act (hereinafter "OWBPA"), codified at 29 U.S.C. sections 626 et seq., further augments the ADEA and prohibits the waiver of any right or claim under the ADEA or OWBPA. Martinez further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that: a. This Agreement is written in a manner understood by Martinez. b. By entering into this Agreement, Martinez will receive consideration he would not receive if he were not to enter into this Agreement. C. Martinez is aware of his rights under the ADEA, and of the legal significance of his waiver of any possible claims he may have under the ADEA or similar age discrimination laws. d. Martinez is entitled to a reasonable time of at least twenty-one (21) days to review and consider this Agreement, and the waiver and release of any rights he may have under the ADEA or similar age discrimination laws, but he may, in his discretion, sign or reject this Agreement any time before the twenty-one (21) day period expires. RE035\053\12811551. v2 C. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise after the effective date of this Agreement. f. If Martinez signs this Agreement, he shall then have seven (7) non- waivable calendar days following the date he executes this Agreement to revoke this Agreement. If Martinez chooses to revoke this Agreement, his or his counsel must provide written notice of his revocation to City Attorney Yvette Abich Garcia, prior to the expiration of the seven-day period. g. This Agreement shall not be effective or enforceable and the consideration hereunder shall not be provided to Martinez until after the Agreement is executed by him and after expiration of the seven (7) day revocation period set forth in the preceding subparagraph. 9. Each Party to Bear Own Fees and Costs. Each party shall bear their own costs, expenses and attorneys' fees incurred in connection with the administrative and/or legal proceedings resulting in this Agreement, or in connection with any other claims made or investigated by either party against the other in any forum (civil, criminal, administrative or quasi -administrative), and each of the parties hereto expressly waives any claim for recovery of any such costs, expenses or attorneys' fees from the other party. Attorneys for the Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorney's fees from the party(ies), their counsel and/or from any source whatsoever. 10. Representation of No Pending Claims. Each Party represents that, other than the claims described herein, they have not filed any lawsuits, complaints, appeals, claims, applications or charges against each other or any related persons or against any of their past or present officers, directors, governing bodies, elected officials, employees, agents, predecessors, attorneys, divisions, affiliates, representatives, successors in interest and assigns and/or all persons acting by, through, under, or in concert with any of them, with any state or federal court, or local, state or federal agency, or administrative or quasi -administrative tribunal or person, based on any events occurring on or prior to the effective date of this Agreement. 11. No Prior Assignments. Each Party represents that neither has assigned nor transferred, nor purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against each other. 12. Covenant to Effectuate Agreement. The Parties each agree to execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement. RE035\053\12811551.v2 13. No Other Terms. This Agreement contains all of the terms and conditions agreed upon by the Parties regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations, or representations, either oral or written, relating to the subject matter of this Agreement, not expressly set forth in this Agreement, are of no force or effect. 14. Waiver of Terms of Agreement. No waiver by any party of any breach of any term or provision of this Agreement shall be construed to be, nor be, a waiver of any preceding, concurrent or succeeding breach of the same, or any other term or provision hereof. No waiver shall be binding unless in writing and signed by the party to be charged or held bound. 15. Interpretation. This Agreement has been jointly negotiated and drafted by counsel for the Parties. The language in this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any of the Parties. The Parties also agree and understand that should any provision of this Agreement be declared or determined by any court of competent jurisdiction to be illegal, invalid, unenforceable and/or void, the validity of the remaining parts, terms and provisions shall not be affected thereby and said illegal or invalid part, terms or provisions shall be deemed not to be part of this Agreement. The remaining terms and provisions shall remain unmodified and continue in force and effect. The Parties further agree that this Agreement was negotiated and executed in the State of California and shall be interpreted under the procedural and substantive laws of California as existing as of the date of execution, without regard to principles of conflict of laws. 16. Consultation with Counsel. Each party hereto represents and agrees that he or it has carefully read and fully understands all of the provisions of this Agreement, and that he or it is voluntarily, without any duress or undue influence on the part of or on behalf of any party, entering into this Agreement. The Parties affirm that, prior to execution of this Agreement, they have consulted with counsel of their choice concerning the terms and conditions set forth herein, and that they agree to the terms and conditions. 17. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy or facsimile transmission of the Agreement, including signatures, shall be deemed to constitute sufficient evidence of the Agreement having been executed. 18. Effective Date of Agreement. The date of the last signature placed hereon by the Parties (as opposed to their legal counsel) shall hereinafter be known as the "effective date" of this Agreement. Rr035\053\12811551.v2 I9. Enforcement. The Parties agree that any and all disputes regarding this Agreement shall be brought in the Superior Court of the State of California, San Bernardino County. In any action brought to enforce any provision of this Agreement, each side shall bear their own costs and attorney's fees. 20. Non -Disparagement. The Parties agree not to disparage the other. "Disparage" as used herein shall mean any communication, oral or written, of false information or the communication of false information with reckless disregard for its truth or falsity. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE BY MARTINEZ AND THE CITY OF ALL KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release. Dated: 4/3/Z025 Dated: 4 16 Z RE0351053112811551.Q %2GV& N TD BvkLrYPLVdLLfuWicnHCTpMM TRAVIS MARTINEZ By: \� J'jr MARIO SAUCEDO, MAYOR CITY OF REDLANDS ATTEST: Jeanne Donaldson, City Clerk eSignature Details Signer ID: 8vkLrYPLVdLUuWicnHCTpMm Signed by: Travis Martinez Sent to email: travismartinez72@gmail.com I P Address: 47.159.136.250 Signed at: Apr 3 2025, 4:42 pm PDT