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Home My WebLink About05935 - RAYMOND A MILLER III SETTLEMENT AGR + "` .�� - � L� (�},f. .0 \`,J SFTTLFMFNI' AGRFFM1+,Y'f AND GFNERAJ, RELEASE This Saida nI Agn:emeni and General Releave ("Ag cement)is made and entered into by and between the City of Palm Springs ("Mendant" or ''City"), on the one hand, and Raymmnd A.Miller T11 ("E'iaintifP'1,on the other. 1t1t:CITALS A. WHEREAS. the parties desire to mutually rezolvc all issues and claint_s raised in that litigation entitled -yrnotid A. M ll�r_ll l c,,Gity; of Palm Springs, ct.aI., Riverside Comzly Superior Court Case No. INC 083791;and B. WHEREAS. Plaintiff acknowledges that he this Agreement Plaintiff w71J be agreeing io a general release or all claim% arising Born and in any way related to that litigation entidrd Raymond A. Miller 111 y fity,of'Palm Spring a al.,. Riverside County Superior Court Cave No.NC 09.3791,and Plaintiff's emplovm enL wi Lh T)efend mL;and NOW TTIT.RTFC)RE, for good and sufficient consideration, as set forth below, the parties agree as folla s: ACrRr1'ENT 1. General Release. In consideration for the payment of SiNq- 'Thousand lyolkirs 160,000-00) from the City to Plaintiff. as sci Rith in paragraph 2 of this Agroctncnt, Plaintiff hcrcht relcascsv and discharges the City, its oCficur•s, directors, agents; past 5nd proscnt employees,represenutuvev, attorneys, successors,and assisms, and each of them, and all persons and'or amities acting by, 111roug11, tinder, or in concen with such persona (collectiveh the Defendant Releasees") from ,iny and all actual nr potential clams, including but not limited to claims for back pay, emotional distress, attorney fees and costs related to litigation, obligmions; demands, and causes of action, known orvnknmxn,which Plaintiff has,may have, or may claim to have a;ainst (hc Dcfcudant Relcasces which rclatc in any way or xuanacr to 1'laiatif£s employment or ivith that ht!S ration cmirled Raymond A.Miller Ill v,City of Palm Spane„s_,et air, Riverside County Superior Court Cane No- MC 083741. WithouL iimiting the genzralily of the description, the claims herein released include; but arc not Boated to,claims based upon: a_ Tidc Yll of ihn Civil Rights Act of 1964; b. The Public Safety Officers Proccolnral Bill of Rights .Act. (Government Codu ncctiou 3300 ct sutl•) c, California statutory or decisional law, including the $tntc fair Employment tmd 'Hotr_Sing AcL, pertaining to employment discrimination; wrongful discharge; breaclt of public policy; or rctaliatinn- d. Any and all Srate, federal and local laves as well as common ia%r for broach of contract or memorandum-or understanding. wrongful kosc I ufd CCPf�f ' t- JAN-12-2010 10:19 94% P.001 termination, employment discrim cation,negligent or inreationat infliction of emotional duress, deFimation, fraud; eoacctlmcm, false prom kc, neglikpnt misrcpresentation, intentiolral interfcrenec with cdruracmal relations, breach of the cotenant of good faith and fair dealing, and ntisrepresentaliongenerally', and e. Any claim based on violation of substantive or procedural due process Li1�1t15. PWntiffcxprehslywaivcc and relinquishes all rights and henehcs Under Section 1542 of the California Civil Code which provides: A general release does not extend to claims which the creditor does not "ow or suspect to exist in his favor at the time of executing the release, which if known by him mu%t have materially affected his settlement-with the debtor." Plaintiff hcroby° suites that with the exception cf that litigation known as Raymond A. Miler 111 v. Chy pf l jj ni Sprivas,_ct 21.,Riverside County Superior Court Case No. INC 083791, no action, suit or proceeding has been or shall bee, brought or complaint filed or initialed by Plaintiffor any agent, rr_ssign or xpouse of Plxintilc in any court; or with any governmental holy with respect to any rnauar nr course of action based upon any facts that might have occurred prior In tht date of this Agreement whether kumm to Plaintiff now, or dscocered by Plaintiff hereafter. Plaintiff acknowledges that Plaintiff may have claims that arc covered by tlto rcrms of tbis Agreement which Plaintiff has nor yet discovered. Plaintiff acknon ledgcs that Plaintiff does intend to release any and all such w*nowc or unsuspecred claims m-isdng ono of PhdniifPs employment by Dcfcndlnt. 3. Ii1rii12 and Method of Patinew 11x payment. of Sixty Thousand Dollars (SCiO,000.00) pursnan6 to Paragraph I of this Agreement will be due innnediately after the dismissal of'the lawsuit is Bled with the Court and a conformed copy of the dismissal is received by Defendant. The settlement check shall be made palablc to Plaintiff Raymond A. Miller 1111. 3. Nature_ of Payments, "flee finds paid under This Agreement are not itt cunAderation for any back pay liability.but ere paid a, a good faith compmrnise to tc:x>lve ncc dispute known as Ravniond A. Mil1cr III V. QTV of Pahn S rin s ct al„ Rivcmido County Superior Cowl C iL: e No.1NC-OR379 t,in light of expected costs of litigation. 4. Diemissal of T,itig?tiora. Plaintiff agrees to imrnediarely, dismiss, with prejudice, ilic litigation knol�.n wn A as Raond - it2i11cr lll v_City oL utn Sp�inLs• ct al., Itivcrside County Superior Court Case No. INC 083791 upon eXenution of this Agreement. 5. No Admission of Liability. Plaintiff agrccs that this Agreement and the payment by Deftmdant of[be cormderaticrr deseribcd herein is riot an admission by Defendant Releasecs of any- wTnngdoins or liability. Dufcadant Rcicaxcs spceAfieally deny any liahility or wrongful P;ip 2 of 4 !� L/ G JAIT-12-2010 10:20 94% u.002 l acts against Plaintiff. The parties have entered into this Agrocatcnt in order to settle all disputes and differences hemeen them,uirhout admiring liability or wrongdoing by any party_ 6. Cogftc erttialim. This .kgrcornent sl+all remain confidential as a personnel record within lire tneaning of Governmea Code Section 6234(c) to the extent permitted by law} Plaintiff agrees to keep the tcnns of this Agreement cunlidential except as to disclosure to Plaintiffs tax advisor and aitomey:s, if any. Plaintiff agrees to instruct all such indtviduals that the tentxa of the :1^rccmont aru confidential and are tact to be rolaytrd to others_ Plaintiff furdwr agrees that if he violates this provision, Defendant may, in addition to pursuing any othcr remcdics it may 11'avc in Law or in equity, ohtak an injunction against plaintiff firm any ct)urt having jurisdiction over the matter restraining any fin-cher violation of this Agreement by Ylai miff. 7. Construction. This A.iroctneut has been negotiated and discussed between the parties and it ragi:cts their mutual agreement regarding the subject mat.ier of this A grcernent. fiewuse of the Eaturc of such negotiations and dismussions, neither party shall he deemed to he the drafter of this Agreement and therefore no presumption for or agairtst the drafter shall bC applicable in inttxprc nr or enforcing this Agreement. 3. Separability_ if-any provision of this Agreement,or the application thereof to any person or eircumslance,is [frond to be invalid, the rcmab4zof Tho provisiutts of tltis Agree nimL or the application of such prnvisinns tO persons or circutnstances other than those which it is ll�und to be invalid, as the case may bc.&.hall not be al fruted thereby. 9. Comp) c,Agrpgncnt This is the entire agreement between Defcndan4. and Ptairtif•F with respect to the subject matter herein and this Agrmzaent supersedes all prior and contemporaneous oral zuxd writam agreements and dkcussinns_ 10. ErdbruGmenl_ Uany action at lace or in equity is necessary to enforce or interpret The tcnizs of this Agrucmcnt, the prevailing Party shall be entitled to rLasonablu attorrwy's lees and costs. 11. bon-disparagement., lycfeadanl agrees not to volijawrily disparage Plaintiff in as}°nraruter whazsOCVCr LO pCUSpcctivc employers of Plaintiff This paragraph Shall not preclude Defendant form complying with a lcgithnate subpoena or Other lawful means of compelling its testimony. C=OF PALM SPRNCS Dated: AT ST: 1'itic: <' � r✓ �C y Clerk -P � APPROVED BY CITY COUNCIL (,i� �1�JrOW �1•�b•0� JAN-12-2010 10:20 94i P.003 APPROVED AS TO FOIGI: By: Craig Farfingion,Esq- Woodraff. ipradlin & Smart Attomevs fOT OW of Palm Spring,; IZ AYMOND A. MILT 17R III JAN-12-2010 10:21 94% P.004