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HomeMy WebLinkAboutSETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (JASON BEARD)SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS The Parties, Jason Beard, his heirs, executors, administrators, representatives, trustees, successors, and/or assigns (collectively referred to throughout this Agreement as "Beard ") and Augusta, Georgia Board of Commissioners ( "Augusta, Georgia "), through the Administrator, its predecessors, affiliated entities, and subdivisions, as well as their members, elected officials, officers, directors, agents, insurers, attorneys, employees and former employees, individually and in their representative capacities (hereinafter collectively referred to as the "Released Parties "), desiring to resolve their disputes without further litigation or adjudication, hereby stipulate and agree as follows: 1. The Parties understand and agree that the Released Parties deny each and every allegation of wrongdoing. 2. The Parties understand and agree that neither the making of this Settlement Agreement and Release of Claims (hereafter referred to as "Agreement ") nor anything contained herein shall, in any way, be construed or considered to be an admission by the Released Parties of guilt or noncompliance with any federal, state or local statute, public policy, tort law, contract law, common law, or any other wrongdoing whatsoever. 3. Beard acknowledges and warrants that he is represented by counsel and has been provided with the opportunity to consult with his counsel prior to executing this Agreement. The Parties agree they will each bear their own costs, expenses and attorney's fees. 4. By entering into this Agreement, the Parties intend to resolve any and all of Beard's claims, asserted or unasserted against the Released Parties, including but not limited to, attorneys' fees and disbursements, punitive, ligt idated and compensatory damages and/or any other benefits or other remuneration of any kind whatsoever. The parties authorize and direct their attorneys to execute and file a Stipulation Of Dismissal With Prejudice of all claims against Augusta, Georgia as alleged in Jason B. Beard v. Augusta- Richmond County, Georgia, C.A. No. 2010RCCV00400 (the "Lawsuit"). which shall provide that the parties shall be responsible for their own costs and attorneys' fees. 5. In consideration for the execution of this Agreement, including the promises herein. and Beard's compliance with his promises made herein, and in settlement of Beard's disputed claims, Augusta, Georgia agrees promote Beard to the position of Fire Marshall with a salary of Sixty- Five Thousand Dollars and No Cents ($65,000.00) and to pay the gross amount of Five Thousand Dollars and No Cents ($5,000.00) for Beard's alleged injuries (other than lost wages) as detailed in his Complaint, which will be made payable to Jason Beard in the amount of $5.000 which will be reported on a Form 1099. The parties agree that Beard's claims for lost wages are without support and are of no value. 6. Beard acknowledges and agrees that he is solely responsible for payment of any and all federal, state and local taxes which may be due from the settlement sum in the event that it is determined that any taxes are owed based on the taxation laws in effect on the date of execution of this Agreement or which become due at any time in the future because of a change to the laws governing the taxation of such settlement proceeds. Beard further acknowledges and agrees to indemnify and hold the Released Parties harmless in the event that any federal, state or local taxing authority asserts against 1 2 Beard any claim for unpaid taxes, failure to withhold taxes, or interest based upon Augusta, Georgia's payment of these sums to Beard. 7. In consideration for the execution of this Agreement, including the promises of Augusta, Georgia herein, Beard of his own free will, knowingly and voluntarily releases and forever discharges the Released Parties of and from any and all actions or causes of action, suits, claims, and promises, in law or equity, which Beard may now have against the Released Parties, up to and including the date he executes this Agreement, including all unknown, undisclosed or unanticipated losses, wrongs, injuries, debts, claims, benefits or damages, for, upon or by reason of any matter, cause or thing, including, but not limited to any claims which are part of, could have been asserted in or relate in any way, directly or indirectly, to the lawsuit filed in the Superior Court of Richmond County captioned "Jason B. Beard v. Augusta- Richmond County, Georgia" (Civil Action No. 2010RCCV00400) and any other claim arising out of Beard's employment with or any other matter involving Augusta, Georgia or any Released Party and including, but not limited to, any alleged violation of the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq., as amended; the Civil Rights Act of 1991; Section 1981 through Section 1988 of Title 42 of the United States Code, as amended; the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., as amended; the Americans With Disabilities Act of 1990, 29 U.S.C. §§ 12101 to 12213, as amended; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq., as amended; the Equal Pay Act of 1963, 29 U.S.C. §§ 206(d), as amended; the Fair Credit Reporting Act; the Workers Adjustment and Retraining Notification Act; the Immigration Reform and Control Act, as amended; the Occupational Safety and Health Act, as amended; Georgia Fair Employment Practices Act — O.C.G.A.. §45 -19 -20 et seq.; Georgia AIDS Confidentiality Act — O.C.G.A.. §24 -9 -47; Georgia Equal Pay Act (Sex Discrimination in Employment) — O.C.G.A. §34 -5 -1 et seq.; Georgia Age Discrimination in Employment Act — O.C.G.A. §34 -1 -2; Georgia E anal Employment for Persons with Disabilities Code — O.C.G.A. §34 -6A -1 et seq.; Georgia Wage Payment and Work Hour Laws; or any other federal, state or local human rights, civil rights, wage -hour, pension or labor laws, rules and /or regulations, or any other alleged violation of any local, state or federal law, regulation or ordinance, and /or public policy, contract, tort or common law, including, but not limited to, any claims for loss of consortium, any claims for costs, fees, or other expenses, including attorney's fees incurred in these matters at any time prior to and including the date of execution of this Agreement, provided that nothing herein waives or releases Employee's rights to enforce the terms of this Agreement. 8. Beard waives all rights to file any complaint in any federal, state, or local court against the Employer involving any events up to and including the date the parties sign this Agreement. Except as prohibited by law, in the event that any such claim is filed, it shall be dismissed with prejudice upon presentation of this Agreement, and Beard shall reimburse Augusta, Georgia for its costs, including attorneys' fees, incurred in defending any such action. Notwithstanding the forgoing, by entering into this Agreement, Beard does not waive any rights, where applicable, to file a charge of discrimination or other claim with, or participate in an administrative or investigative proceeding of, any federal. state or local government agency. 9. Beard agrees to release Augusta. Georgia from any and all claims as stated above which Beard could make on Beard's own behalf or which any other person or organization could make on Beard's behalf. Beard specifically waives any right to become, and promises not to become. a member of any class in which a claim against Augusta, Georgia is made involving any events as of the date of this Agreement, except where such waiver is prohibited by law. Beard further agrees that if any individual or class pursues a claim against Augusta, Georgia and prevails, that Beard is not entitled to and will not accept any monies to which he might otherwise be entitled. 10. Beard confirms that he: (1) has been paid all compensation, wages, bonuses, commissions, and/or benefits to which he may be entitled, except any accrued paid time off; (2) has no known workplace injuries or occupational diseases other than as previously reported in writing; (3) has not been denied leave pursuant to Augusta, Georgia policy or the Family and Medical Leave Act and has received all such leave to which Beard was entitled; (4) has not divulged any proprietary or confidential information of Augusta, Georgia and will continue to maintain the confidentiality of such information; and (5) has not filed, caused to be filed, and presently is not a party to any claim against the Employer, other than the Lawsuit currently pending with the Employer, which shall be deemed dismissed upon execution of this Agreement. 11. Beard understands and agrees that he would not receive the consideration specified herein except for his execution of this Agreement and his fulfillment of and compliance with the promises contained herein. 12. Beard hereby agrees that he will not solicit any current or former employee of Augusta, Georgia to file suit against Augusta, Georgia. Beard further agrees that he will not engage in any act which could be construed by a reasonable person to be an attempt to interfere with the relationship between Augusta, Georgia and any current or former employee, including, but not limited to, directly or indirectly soliciting or encouraging current employees to leave the employ of Augusta, Georgia. 13. This Agreement is made and entered in the State of Georgia and shall be interpreted under the laws of Georgia and any applicable federal laws. It is agreed by and between the Parties that should any provision of this Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full force and effect. If, however, any portion of the general release language is deemed unenforceable and cannot be modified to the satisfaction of both parties, then Beard shall return the consideration paid for this Agreement. 14. Beard agrees that neither the execution of this Agreement nor the furnishing of the consideration for this Agreement shall be deemed or construed as an admission by any Released Party of any liability or unlawful conduct of any kind. 15. This Agreement may not be modified, altered or changed except upon express written consent of all Parties, wherein specific reference is made to this Agreement. 16. This Agreement sets forth the entire agreement between the Parties with regard to the matters specified herein and supersedes any and all prior agreements or understandings regarding such matters. 17. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same legal document. 3 HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE PROMISES SET FORTH HEREIN, AND TO RECEIVE THE SUMS AND BENEFITS SET FORTH IN PARAGRAPH "5" ABOVE, BEARD FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION AND CONSULTATION WITH HIS LEGAL COUNSEL, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST THE RELEASED PARTIES AS OF THE DATE HE EXECUTES THIS AGREEMENT. and Release of' Claims. Signed a • sworn before me this i_-2 of Pah .111/MI � • ••I P VJ ' ublic for the State of Georgia My Commission Expires: ,OEO Cie* 61: Co imis r' Y `" Seal Therefore, the Parties now voluntarily and knowingly execute this Settlement Agreement 2013. Jac -Long Attoiey l APPROVED: TA, G B : David S. openhaver Its :'' IY(ayor