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HomeMy WebLinkAboutBunnell, Brenda; 2005-09-26;SETTLEMENT AGREEMENT AND GENERAL RELEASE This Settlement Agreement and General Release of All Claims (hereinafter "Agreement") is made and entered into by and between the CITY OF CARLSBAD (hereinafter "CITY") and BRENDA BUNNELL (hereinafter "BUNNELL") and is made in light of the following: RECITALS 1. BUNNELL was employed by the CITY from September 30, 2002 until she was terminated during probationary period on August 4,2003. 2. BUNNELL filed a lawsuit against the CITY and individual Defendants Jill Prichard (erroneously spelled "Pritchard" in the Complaint), Sue Spickard, and Marc Beasley (collectively hereinafter "Defendants") alleging sexual harassment, retaliation and failure to prevent harassment under the California Fair Employment and Housing Act, while she was employed at the CITY in the San Diego Superior Court, North County Division, Case No. GIN 038393 (hereinafter "Action"). 3. BUNNELL has informed CITY that she wishes to resolve fully and finally the matters contained in the Action. In addition, she wishes to submit her voluntary resignation to the CITY effective retroactively to August 4, 2003. CITY agrees to accept BUNNELL's resignation subject to the terms and conditions set forth in this Agreement. A copy of BUNNELL's resignation, effective August 4, 2003, is attached hereto as Exhibit "A" and incorporated herein. 4. BUNNELL and Defendants acknowledge that each has denied, and continues to deny, any and all claims asserted by, or which might be asserted by, the other, but they desire to settle fully and finally all disputes between them arising out of BUNNELL'S employment with the CITY and separation from the CITY and the matters encompassed in the Action. 5. This Agreement and compliance with this Agreement shall not be construed in any way as an admission by Defendants of any liability whatsoever, or that the Defendants have acted wrongfully with respect to BUNNELL, or that BUNNELL has any rights whatsoever against Defendants and/or the CITY'S council members, officers, employees, agents or attorneys. Defendants specifically disclaims any liability to, or wrongful acts against, BUNNELL. « 6. BUNNELL understands and agrees that the terms of this Agreement shall in no way be construed to entitle BUNNELL to continued or future employment with the CITY and that this Agreement and the representations contained herein shall in no way be construed as an extension, renewal or re-negotiation of BUNNELL's employment which terminated on August 4, 2003. SDLI7\ADA\318012.1 } SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS AGREEMENT 7. BUNNELL will dismiss all her claims against all Defendants in the Action with prejudice and represents that all administrative charges will be dismissed. BUNNELL represents that she will have no pending lawsuits, complaints, charges, or grievances filed with any court, with any governmental agency, or union against the Defendants and/or the CITY's current or former council members, employees, attorneys or agents, upon execution of this Agreement. BUNNELL agrees that she will not file any lawsuits, charges, complaints or grievances at any time hereinafter with any court, government agency, or union arising out of her employment with and separation from the CITY, provided however, BUNNELL shall not be limited from pursuing claims or other enforcement activities for the sole purpose of enforcing her rights under this Agreement. 8. CITY agrees to pay BUNNELL a total of Fifty Thousand Dollars and 00/100 ($50,000.00) by check made payable to "Brenda Bunnell, and Alan L. Geraci, her attorney of record" and a 1099 Form shall be issued for this amount. BUNNELL agrees to indemnify and hold CITY harmless for any responsibility, including but not limited to, any claims or actions concerning or resulting from taxes due and owing as a result of receipt of this payment or failure to treat any sum provided under this Agreement as taxable income. The check will be made available within fourteen (14) days after receipt by counsel for CITY of a copy of this Agreement fully executed by BUNNELL and her counsel and receipt of a signed copy of a Request for Dismissal with prejudice of the entire Action as to all claims against all Defendants of BUNNELL in the Action. This payment is in full and complete settlement of all of BUNNELL's claims against each and every Defendant in the Action 9. BUNNELL agrees that she will not be entitled to further employment by CITY. In the event BUNNELL does seek or obtain such employment in any capacity, it is understood and agreed that this Agreement shall constitute good cause for refusal to hire or for the termination of such employment. 10. BUNNELL agrees that she will keep the fact and the terms of this Agreement confidential and that she will not disclose any information concerning the fact or the terms of this Agreement to any other person, entity or organization, except to her immediate family members, personal tax advisors and attorneys, and as necessary for the enforcement or compliance with this Agreement. BUNNELL agrees that she will inform those parties that it is a confidential matter, not to be disclosed, and that she will assume responsibility for any such disclosure. The parties acknowledge that the CITY is a public entity and this Agreement and its terms may be a public record within the meaning of the Public Records Act, and therefore the CITY will, upon request, and if deemed legally necessary, release the Agreement and/or its terms. 11. BUNNELL agrees that all employment reference checks initiated by her or at her request will be directed to the Human Resources Director, who will state only the dates of BUNNELL's employment and the position held. SDLmADA\318012.1 2 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS C D 12. BUNNELL, on behalf of herself, her spouse, her relatives, heirs, estate, executors, administrators, successors and assigns, fully releases and discharges Defendants and the CITY's council members, employees, agents and attorneys, from all actions, causes of action, claims, judgments, obligations, damages, and liabilities of whatsoever kind and character, including, but not limited to, any actions, causes of action, claims, judgments, obligations, damages, or liabilities relating to BUNNELL's employment with or separation from the CITY, including, but not limited to, those arising out of any claims for violation of any alleged contract, express or implied; any covenant of good faith and fair dealing, whether express or implied; any tort; any administrative remedy; any federal, state, or local law, statute or regulation based on or related to the Americans with Disabilities Act (42 U.S.C. §§12101-12213), the Federal Family Medical Leave Act (29 U.S.C. 2601-2654), the California Family Rights Act (Gov. Code §§12945.1- 12945.2), Title VH, Civil Rights Act of 1964 (42 U.S.C. §§2000-2000 (e)-M7), the California Fair Employment and Housing Act (Gov. Code §§12900-12996), the Fair Labor Standards Act of 1938 (29 U.S.C. §§ 201, et seq.), or the California Labor Code. Further, BUNNELL represents and warrants that, except for the Action referenced above, she has not filed any lawsuits, complaints, charges or grievances against Defendants and/or the CITY's current or former council members, employees, attorneys or agents, with any court or governmental agency or BUNNELL's union arising out of BUNNELL's employment with and separation from CITY. Further, BUNNELL agrees that under this Agreement, she waives any claim for damages incurred at any time after the date of this Agreement because of alleged continuing effects of any alleged unlawful acts or omissions involving BUNNELL's employment with or separation from the CITY, and any right to sue for injunctive relief against the alleged continuing effects of alleged acts or omissions. 13. BUNNELL understands and expressly agrees that this Agreement extends to all claims of every nature and kind whatsoever, known or unknown, suspected or unsuspected, past or present, and all rights under Section 1542 of the California Civil Code are hereby expressly waived. Section 1542 reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 14. BUNNELL represents and agrees that she has fully discussed all aspects of this Agreement with her attorney, or that she has voluntarily chosen to sign it without consulting an attorney, and that she has carefully read and fully understands all of the provisions of the Agreement, that she is voluntarily entering iftto this Agreement, and that she has the capacity to enter into this Agreement. SDL1TSADA\318012.1 3 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS c 15. BUNNELL represents and acknowledges that in executing this Agreement she does not rely and has not relied upon any representation or statement not set forth herein made by any of the parties or any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. 16. This Agreement sets forth the entire Agreement between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to Ibe subject matter hereof. 17. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced and governed by and under the laws of the State of California. 18. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of me Agreement and all such counterparts together shall constitute one and the same agreement. 19. Each party shall bear their own attorneys' fees and costs with respect to the matters settled hereby. 20. Should it be necessary for BUNNELL or the CITY to commence litigation to enforce any provision of this Agreement, the prevailing party therein shall be entitled, not by way of limitation, to reasonable attorneys* fees and costs incurred in the enforcement of any provision herein. Dated: Dated: CFfY OF CARLSBAD By: RayPatchett City Manager SDLrT\ADA\3lliQ12.r - 4 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS j_ - A PPTC- T cc-aca Bfet-rfin t>n 9n 3nn c 15. BUNNELL represents and acknowledges lhat in executing this Agreement she does not rely and has not relied upon any representation or statement not set forth herein made by any of the parties or any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis or effect of this Agreement or otherwise. 16. This Agreement sets forth the entire Agreement between the parties hereto and fully supersedes any and all prior agreements or understandings between the parties hereto pertaining to the subject matter hereof. 17. This Agreement is made and entered into in the State of California and shall in all respects be interpreted and enforced and governed by and under the laws of the State of California. 18. This Agreement may be executed in any number of counterparts. Any such counterpart when executed shall constitute an original of the Agreement and ail such counterparts together shall constitute one and the same agreement. 19. Each party shall bear Iheir own attorneys' fees and costs with respect to the matters settled hereby. 20. Should it be necessary for BUNNELL or the CITY to commence litigation to enforce any provision of this Agreement, the prevailing party therein shall be entitled, not by way of limitation, to reasonable attorneys' fees and costs incurred in the enforcement of any provision herein. Dated: SEP 2 6 2005 Dated: _ CITY OF CARLSBAD RayPatchett City Manager SDLmA0A\31!i012.| -'4' SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS P-PTK-TRP-RQR BW:60 VO 90 o APPROVED AS TO FORM: DATED: DATED: GERACI & LOPEZ Ian L. GeracifEsi "Attorneys for PI ' ' CITY OF CARLSBAD renda Bunnell By: DATED:BEST BEST & KRIEGER LLP Arlene Prater Alison D. Alpert Attorneys for Defendants SDLIT\ADA\318012.1 5 SETTLEMENT AGREEMENT AND GENERAL RELEASE OF CLAIMS Brenda Bunnell P.O. Box 2075 Carlsbad, CA 92008 Human Resources / City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 July 21,2003 Dear Human Resources / City Manager: I am writing to inform you that I will be resigning iny responsibilities as Recreation Supervisor in charge of Special Events, effective August 4,2003.1 have been presented with another career opportunity that I feel I must explore. I realize that selecting and introducing a new Recreation Supervisor in charge of Special Events may be difficult. I will do whatever I can to make this transition a smooth one. In large part, the streamlined organizational practices and documentation I developed, and the effective business relationships I established during the my 10 month tenure will help the new Recreation Supervisor not only master the existing events the city implements, but be able to successfully execute the innovative events I created and produced. I am pleased and thankful to have had the opportunity to work with the City of Carlsbad. Sincerely, Brenda Bunnell Recreation Supervisor, Special Events City of Carlsbad cc Sue Spickard, Recreation Manager Jill Prichard, Recreation Area Manager 10/10/2005 17:39 FAX ltf/,03/' '103 YWU '11 BEST BEST & KRIEQER ALAN L GERACI $005/005 PAGE 02 OFFICES OF BEST BEST & KRIEGER LLP Alan L, Geraci, Esq. October 3,2005 Page 2 THIS IS TO ACKNOWLEDGE RECEIPT OF A CHECK FROM THE CITY OF CARLSBAD IN THE TOTAL AMOUNT OF $50,000.00 IN FULL AND COMPLETE SETTLEMENT OF THE ABOVE-REFERENCED MATTER. Alan SDUT\AP\3197«.l