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HomeMy WebLinkAboutContracts & Agreements_165-2025SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release ("Agreement') is entered into between the CITY OF REDLANDS, and its past or present council members, directors, governing body, employees, agents, predecessors, attorneys, divisions, departments, representatives, insurers, successors in interest and assigns, and all persons acting by, through, under and/or in concert with any of them (collectively, the "City") and MICHAEL REISS ("Reiss") on the one hand (collectively, "Defendants"), and JULIE C. ALVARADO-SALCIDO ("Salcido" or "Plaintiff') on the other. City, Reiss, and Plaintiff are collectively referred to as the "Parties" or individually as a "Party" with reference to the following: RECITALS A. Plaintiff was employed by the City in the Redlands Police Department ("RPD") until November 16, 2019. B. On August 23, 2021, Plaintiff filed a complaint with the Department of Fair Employment and Housing ("DFEH") against City alleging, among other things, that she had sustained emotional distress due to alleged harassment and discrimination by RPD and certain of its employees (hereinafter "Administrative Charges"). C. Plaintiff filed a lawsuit against the Defendants in San Bernardino County Superior Court, Case No. CIVSB2218452 (hereinafter "Lawsuit'), on similar factual bases as the Administrative Charges of August 23, 2021, seeking damages for, among other things, economic losses (past and future) and emotional distress. D. The Parties mediated Plaintiffs claims, both known and unknown, against Defendants on June 10, 2025, before mediator T. Warren Jackson. A tentative settlement was reached at the mediation, and the agreed upon terms, among others, are contained in this Agreement. E. The Defendants categorically deny any and all of the claims and allegations asserted by Plaintiff against the Defendants, but nevertheless wish to avoid incurring additional litigation expenses. F. This Agreement is intended to be a full, complete and final settlement of each and every claim, cause of action, appeal, or liability, whether known or unknown, Plaintiff may have or may have had against any or all of the Defendants, prior to and up through the date Plaintiff executes this Agreement, including, but not limited to the Administrative Charges and the Lawsuit and any other claims by Plaintiff arising out of, or in any way related to Plaintiffs employment with the City. 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, it is agreed by and between the Parties as follows: 1 12945121.3 RE035-048 I. WAIVER AND RELEASE A. No Admission of Liability. This Agreement and compliance with this Agreement shall not in any way be construed as an admission by the Defendants or Plaintiff of the truth of any allegations, or an admission of any unlawful acts or other liability whatsoever against each other or against any other person or entity. Plaintiff specifically disclaims any liability against Defendants, or against any other person or entity, on the part of herself, any related person or agents, representatives or successors in interest and assigns. This Agreement cannot be used by a Party to demonstrate any admission of liability or wrongdoing by another Party. B. Release of Claims. Plaintiff hereby and forever releases and discharges Defendants, and any past and/or present parent, subsidiary and/or affiliated entities, as well as any past and/or present direct or indirect successors, officers, officials, current and former directors, current and former trustees, heirs, predecessors, assigns, agents, insurers, employees, volunteers or representatives, attorneys and representatives, of each and every party, and each of them, past and present; and Reiss ("Releasees"), from any and all causes of action, judgments, liens, indebtedness, damages, losses, claims, liabilities, and demands of whatsoever kind or character, known or unknown, suspected to exist or not suspected to exist, anticipated or not anticipated, whether or not it has been brought before any state or federal court or before any state or federal agency or other governmental entity, including, but not limited to, all of Plaintiff s claims arising from or related or attributable in whole or in part to Plaintiffs employment relationship with the City, arising on or prior to the Effective Date of this Agreement. Plaintiff understands and agrees that this Agreement extends to all legally waivable disputes or claims of every nature and kind, known or unknown, suspected or unsuspected, past, present or future, arising from or attributable to the above -referred matters and disputes. Plaintiff understands and expressly agrees that this Agreement also extends to any other legally waivable matter, event or claim occurring on or prior to the effective date of this Agreement. Plaintiff understands and agrees that she is waiving any rights she has, may have had, or may have, to pursue any and all remedies available to her under any employment -related or other cause of action against Releasees, including, without limitation, any claims for discrimination, harassment and/or retaliation, claims under the California Fair Employment and Housing Act (California Government Code section 12900, et seq.), the California Family Rights Act (California Government Code section 12945.2), the Unruh and George Civil Rights Acts (California Civil Code section 51, et seq.), all provisions of the California Labor Code and any wage orders or similar directives or authorities issued by any federal or state 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 Age Discrimination in Employment Act (29 U.S.C. § 621, et seq.), the Equal Pay Act (29 U.S.C. § 206(d)), the Fair Labor Standards Act (29 U.S.C. § 201, et seq.), the Family and Medical Leave Act (29 U.S.C. § 2601, et seq.), the Employment Retirement Income Security Act of 1974 (29 U.S.C. § 1001, et seq.), Sections 1981-88 of Title 42 of the United States Code (42 U.S.C. § 1981, et seq.), the American with Disabilities Act (42 U.S.C. § 12101, et seq.), claims of retaliation or whistle -blowing (including but not limited to California Labor Code section 1102.5, et seq. and Government Code section 12653), claims for breach of any type of contract, including written, oral or implied and, Page 2 of 9 12945121.3 RF035-048 including, but not limited to the contract, breach of any covenant, promise or representation pertaining to Plaintiff's employment, whether expressed or implied, and all other claims arising in contract, tort or equity or tinder any other statute, whether federal, state or local up to the effective date of this Agreement (collectively referred to as "Released Claims"). This Release of Claims does not waive any claims that are otherwise not waivable by contract or settlement agreement pursuant to applicable local, state and/or federal laws. This Agreement does not limit Plaintiff's ability to bring an administrative charge with an administrative agency, but Plaintiff expressly waives and releases any right to recover any type of personal relief from the Releasees, including monetary damages or reinstatement, in any administrative action or proceeding, whether state or federal, and whether brought by Plaintiff or on Plaintiff's behalf by an administrative agency, related in any way to the matters released herein. Furthermore, nothing in this Agreement prohibits Plaintiff 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 Civil Rights Department, the Department of Labor and/or the Department of Justice, or malting other disclosures that are protected under the whistleblower provisions of law. Plaintiff does not need prior authorization of the City to matte any such reports or disclosures and is not required to notify the City that she has made such reports or disclosures. The claims and potential claims identified in this Section I.B. shall be collectively referred to herein as the "Released Claims" C. Civil Code Section 1542 Waiver. Plaintiff hereby waives any and all rights that she 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. Plaintiff hereby expressly waives the provisions of California Civil Code section 1542 and further expressly waives any right to invoke said provisions now or at any time in the future. 2. Plaintiff recognizes and acknowledges that factors which have induced her to enter into this Agreement may turn out to be incorrect or to be different from what she had previously anticipated, and she hereby expressly assumes any and all of the risks thereof and further expressly assumes the risks of waiving the rights provided by California Civil Code section 1542. D. Age Discrimination in Employment Act Waiver and Release. The Age Discrimination in Employment Act of 1967 ("ADEA") makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual's employment on the basis that the individual is age forty or older. The Older Workers Page 3 of 9 12945121.3 RE035-048 Benefit Protection Act ("OWBPA"), 29 USC. §§ 626, et. seq. further augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Plaintiff acknowledges that she is knowingly and voluntarily, for just compensation in addition to anything of value to which Plaintiff is already entitled, waiving and releasing any rights she may have under the ADEA and/or OWBPA. Plaintiff further acknowledges that she has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that: 1. This waiver/release is written in a manner understood by Plaintiff. 2. Plaintiff is aware of and has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims she currently may have under the ADEA, OWBPA, or similar age discrimination laws. 3. Plaintiff is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this Agreement, and the waiver and release of any rights she may have under the ADEA, the OWBPA, or similar age discrimination laws, but she may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the twenty- one (21) days. 4. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the date this Agreement takes effect. 5. Plaintiff was advised and by this Agreement is advised in writing to that she should consult with an attorney prior to executing this Agreement. Plaintiff has had an opportunity to discuss this waiver and release with, and to be advised regarding this Agreement, by an attorney of her choice, and does not need any additional time within which to review and consider this Agreement. 6. Plaintiff has seven (7) days following her execution of this Agreement to revoke the Agreement by submitting a written revocation addressed to and received by Mark H. Meyerhoff of Liebert Cassidy Whitmore by email at mmeyerhoff@lcwlegal.com. Plaintiff knowingly and voluntarily agrees to all of the terms set forth in this Agreement and knowingly and voluntarily intends to be bound by those terms. PLAINTIFF ACKNOWLEDGES BY HER SIGNATURE TO THIS AGREEMENT THAT SHE FULLY UNDERSTANDS HER RIGHT TO DISCUSS THIS WAIVER WITH LEGAL COUNSEL, AND HAS CAREFULLY READ AND FULLY UNDERSTANDS THE WAIVER, AND THAT SHE IS VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS Page 4 of 9 12945121.3 RF035-048 THAT SHE HAS OR MAY HAVE UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE OLDER WORKERS BENEFIT PROTECTION ACT, AND ANY OTHER LAWS PROHIBITING AGE DISCRIMINATION IN EMPLOYMENT ARISING FROM OR RELATED OR ATTRIBUTABLE TO THE PARTIES' ALLEGATIONS OR CLAIMS. E. Release of Current Rights Under the Memorandum of Understanding. Plaintiff hereby expressly waives any and all claims and/or rights she has or may have had to rights or benefits pursuant to the Memorandum of Understanding between the City of Redlands and the Redlands Civilian Safety Employee Association (the "MOU"), covering the years 2017 through 2023, or any other MOUs between the City and the Redlands Civilian Safety Employee Association. Plaintiff also hereby expressly waives all claims now and forever that she has or may have had that are or would be pursued by the Redlands Civilian Safety Employee Association with the Public Employment Relations Board ("PERB"). F. Effective Date. The Effective Date of this AGREEMENT shall be the last date on which all of the following occurs: all Parties have signed this AGREEMENT and the seven-day revocation period has expired without receipt of any revocation as set forth in section I(D)(6) above ("Effective Date"). G. Representation of No Pending Claims. Plaintiff represents that, other than the claims described herein, she has not filed any lawsuits, complaints, appeals, claims, applications or charges against the Defendants or any related persons or against any of its or 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. H. PAYMENT AND DISMISSAL The parties agree that upon execution of this agreement, the parties shall perform the following acts: Ms. Salcido represents that other than the government claim and the California Civil Rights Department claim and Right to Sue Notice that were issued prior to this litigation, as of the date that this settlement agreement is signed she does not have any other pending claims against the City. B. Within 10 court days after all Settlement Proceeds have been received and confirmed cleared in the bank accounts designated in Paragraphs C(1) and C(2) below, Plaintiff will cause her counsel to sign and forward to the City's attorney, Mark H. Meyerhoff of Liebert Cassidy Whitmore, mmeyerhoff@lcwlegal.com, a request for dismissal of the Lawsuit with prejudice. Liebert Cassidy Whitmore shall then file the dismissal with the court in the Lawsuit. C. Within 30 days after the Effective Date, Defendants shall pay to Plaintiff the total sum of one million, two hundred thousand dollars ($1,200,000) (the "Settlement Proceeds") as Page 5 of 9 12945121.3 RE035-048 compensation for all alleged economic and non -economic damages and other related costs which includes attorney's fees and costs incurred in the prosecution of Plaintiff s Lawsuit. To facilitate payment of the Settlement Proceeds, Plaintiff s counsel in the Lawsuit will provide counsel for the City executed Form W-9s and wire transfer instructions for their respective client trust accounts. The Settlement Proceeds will be paid as directed below: 1. A payment of _ one million, two hundred thousand dollars ($_1,200,000) to be made via wire transfer to the Cristal Law Offices Client Trust Account per account information to be provided by Plaintiffs counsel Cristal Law Offices. III. GENERAL PROVISIONS A. No Representation of Tax Liabilities. No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. Defendants do not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Plaintiff agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Plaintiff agrees to indemnify and hold Defendants and all Releasees harmless from any and all tax liability, which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff agrees to indemnify and hold Defendants, their agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. B. Materials Produced Pursuant to Protective Order. The Parties and their attorneys of record agree to destroy all copies of all documents designated "Confidential" that have been produced by any party during the discovery process of the Lawsuit which are in their possession, custody or control. To the extent any Party has possession of an original of any document, device, or disc, that Party shall return it to the Party producing it. The Parties and their attorneys will also recover and destroy any and all printed copies of these documents that they distributed to third parties, and direct any such third parties to destroy any and all electronic copies of such documents. Within 60 days of the Effective Date, counsel for the parties will confirm compliance with this provision. C. Each Party to Bear Own Fees and Costs. Aside from what is specifically provided for in this Agreement, each Party shall bear their own costs, expenses and attorneys' fees incurred in connection with the proceedings and/or events resulting in and/or preceding 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 all Parties to this Agreement do likewise expressly waive any claim for recovery of costs, expenses and/or attorney's fees from the opposing Party(ies). No Party shall be deemed a "prevailing party" by virtue of executing this Agreement. Nothing in this provision shall affect, alter, or modify any indemnity agreements or obligations between the City, on the one hand, and Reiss, on the other. Page 6 of 9 12945121.3 RE035-048 D. No Prior Assignments. Plaintiff represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the Defendants and/or Releasees. E. Enforcement. This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of San Bernardino, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations. F. Covenant to Effectuate Agreement. Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement. G. Covenant not to Sue. To the extent permitted by applicable law, Plaintiff promises not to file any lawsuits in any court, or any demand for arbitration, against Defendants or any of the Releasees as it relates to any Released Claims. H. 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. It is further understood and agreed that if, at any time, a breach of any term of this Agreement is asserted by any Party hereto, that Party shall have the right to seek specific performance of that term and/or any other necessary and proper relief, including, but not limited to, damages. I. No Duress or Undue Influence. The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement. J. Consultation with Counsel. The Parties affirm that, prior to execution of this Agreement, they have consulted with their respective legal counsel/representatives concerning the terms and conditions set forth herein, and that they understand the advice provided to them. K. Entire Agreement. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto 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. This Agreement may not be modified unless agreed to and signed by the Parties. L. 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. Page 7 of 9 12945121.3 RE035-048 M. Severability. In the event that any one or more provisions of this Agreement shall be declared to be illegal, invalid, unenforceable, and/or void by a court of competent jurisdiction, such provision or portion of this Agreement shall be deemed to be severed and deleted from this Agreement, but this Agreement shall in all other respects remain unmodified and continue in force and effect. N. 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. O. Confidentiality and Disclosure of Terms. Except as disclosed to the Court herein, 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 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 6250, et seq., Civil Code section 1670.11, and Code of Civil Procedure section 1001 and Government Code section 12964.5 as expanded by SB 331, Redlands Municipal Code Chapter 2.60, or the provisions of any other law or regulation requiring disclosure of information by public entities. This provision only applies to the terms of the settlement agreement. P. Non -Disparagement. Plaintiff agrees not to disparage the City or Reiss. Reiss agrees not to disparage Plaintiff or City. "Disparage" as used herein shall mean any communication, oral or written, of false information or the communication of information with reckless disregard to its truth, or falsity. This Agreement and this provision shall not limit, and is not intended to limit, in any way Plaintiff's rights pursuant to C.C.P. § 1001 et seq. Q. Neutral References. The City shall not have any obligations whatsoever with regard to responding to inquiries regarding Plaintiff's employment or assignment history, except that consistent with City's policies and practices, in the event any inquiries are made of the City regarding Plaintiffs employment, the City shall provide only a verification of employment, dates of employment, and title of position(s) held by Plaintiff. R. Execution of Counterparts. 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 evidence of the Agreement having been executed. PLEASE READ CAREFULLY. THIS SETTLEMENT AGREEMENT AND RELEASE INCLUDES A RELEASE BY PLAINTIFF OF ALL KNOWN AND UNKNOWN CLAIMS. IN WITNESS WHEREOF, the Parties hereto have executed the Settlement Agreement and General Release. Page 8 of 9 12945121.3 RE035-048 25-J a l-2025 DL]tcd: Dated: JULIE C. ALVARADO-SALCIDO _/] 1442 rulf ffAFvarado-Salcido (Jul 25, 2025 15:37:38 PDT) MICHAEL REISS CITY OF REDLANDS Dated: 4m4�tBy:a"4'N&"�L Charles M. Duggan, r. City k4anager Dated: f Rfiu:F ..2 ATTEST: Jee9e Donaldson, City Clerk Page 9 of 9 129451213 RE035-048 25-.lul-2025 Dated. Dated: Dated: 12945121.3 RE035-04 m JULIE C. ALVARADO-SALCIDO MICHAEL REISS CITY OF REDLANDS Charles M. Duggan. Jr. City Managcr Page 9 of 9 Final Audit Report Created: 2025-07-25 By: Cristal L Cabrera Law Office (ccabrera@cristallawoffices.com) Status: Signed Transaction ID: CBJCHBCAABAAOpyPUfrogALuAF6gNQ2wt8ddY5sm4R4o "." History 2025-07-25 Document created by Cristal L Cabrera Law Office (ccabrera@cristallawoffices.com) 2025-07-25 - 10:34:28 PM GMT- IP address: 104.37.234.90 C'. Document emailed to Julie C. Alva rado-Salci do Qeweluvs3@yahoo.com) for signature 2025-07-25 - 10:34:32 PM GMT t7 Email viewed by Julie C. Alvarado-Salcido Oeweluvs3@yahoo.com) 2025-07-25 - 10:34:44 PM GMT- IP address: 69.147.90.10 v Document e-signed by Julie C. Alvarado-Salcido Oeweluvs3@yahoo.com) Signature Date: 2025-07-25 - 10:37:38 PM GMT - Time Source: server- IP address: 172.58.1 16.148 Agreement completed. 2025-07-25 - 10:37:38 PM GMT 0 Adobe Acrobat Sign