Beruflich Dokumente
Kultur Dokumente
AND
GENERAL RELEASE OF ALL CLAIMS
This Settlement Agreement And General Release of All Claims (“Agreement”) is made and
entered into between Denise Dale (“Dale”) and Kristyn Thurmond (“Thurmond”), on behalf of
themselves and their agents, heirs, executors and assigns (collectively referred to as "Releasors"), and
City of Concord (“the City”), on behalf of itself and past and present agents, employees, council
members, officers, independent contractors, assigns, insurers, representatives, attorneys, and all other
persons acting by, through, under or in concert with it (referred to collectively in this Agreement as
"Releasees").
This Agreement is fully binding on Dale and Thurmond once executed; however, the terms
and conditions of this Agreement as to the City are contingent on approval by vote of the City
Council, without which this Agreement has no force or effect on the City. The City agrees to seek
Council approval as soon as possible and approval shall be given no later than January 30, 2009 or
this Agreement shall be void at the discretion of Dale and Thurmond.
RECITALS
A. A dispute has arisen between Dale and Thurmond on the one hand and the City
and certain Releasees on the other, regarding Dale’s and Thurmond’s respective employment by
the City. Dale and Thurmond have retained counsel and allege claims for, inter alia, gender
discrimination, sexual harassment, retaliation, and related claims, each of which allegations the
City and Releasees deny. Dale and Thurmond have filed suit stating such claims in Contra Costa
Superior Court, Case No. C 07-02767 (the “Action”).
B. To settle their dispute and to avoid the costs and inconvenience of litigation, and with
the assistance of a neutral mediator, the parties have negotiated a settlement of the disputed claims
which is set forth below.
AGREEMENT
Any other federal, state or local law, regulation or ordinance which may lawfully
be released;
Any claim for costs, fees, or other expenses including attorneys’ fees incurred in
these matters.
It is the parties’ mutual intent to fully and finally release all claims, of any nature whatsoever,
that they may have against one another. Dale and Thurmond, on behalf of themselves and
Releasors, hereby release the City and Releasees, and the City, on behalf of itself and Releasees,
hereby releases Dale and Thurmond of and from any and all claims arising out of or related to
any matter, including but not limited to Dale’s and Thurmond’s employment by the City, any
conduct of any Releasee or Releasor prior to, during or subsequent to Dale’s and Thurmond’s
employment by the City (whether related to City business or not) , and Dale’s and Thurmond’s
separation from active or actual employment with the City (hereinafter collectively referred to as
"Claim" or "Claims"), whether known or unknown, which either party may now have, has ever
had, or may in the future have, arising from or in any way connected with any and all matters
from the beginning of time to the date hereof. Notwithstanding the foregoing, the parties agree
that the scope of this release does not apply to any claims for unemployment insurance benefits,
claims for indemnification of employee’s costs or expenses pursuant to California Labor Code
Section 2802, or workers’ compensation benefits except as specifically set out in paragraph 2
below.
Unless otherwise agreed by the parties mutually in writing, the Payment shall be delivered to
counsel for Dale within 30 days of Council approval of this Agreement, assuming receipt by the
City’s representative, Kathleen Maylin of Jackson Lewis LLP, of the original of this Agreement fully
executed by Dale, Thurmond, and their counsel, and further provided counsel has provided to the
CalPERS Disability Retirement Benefits. The City further agrees to file an amended
determination with CalPERS concerning Dale’s November 27, 2007 application for a CalPERS
industrial disability retirement pension. The City’s amendment will certify Dale’s eligibility for a
CalPERS industrial disability retirement pension effective February 1, 2009 or as soon as
administratively practicable. The parties understand and agree that Dale being deemed eligible for
such retirement benefits and corresponding medical coverage through the CalPERS industrial
disability retirement pension plan is a material term of this Agreement, and that should such benefits
not accrue to Dale, exclusive of her own failure to cooperate or participate in the application process
or otherwise fail to take action to maintain such benefits, then this Agreement is to be considered
null and void and Dale and her attorneys shall return all consideration tendered by the City within
seven days of Dale voiding this Agreement. The City will inform CalPERS that Dale’s service
credit runs from her date of hire on August 30, 1993 to her date of retirement on February 1, 2009.
Dale agrees to withdraw her July 3, 2008 appeal of the City’s initial determination on her application
for a CalPERS industrial disability retirement pension. Dale understands and agrees that the terms
under this paragraph constitute a full and complete exhaustion of the City’s duties under the Public
Employment Retirement Law, as amended, and Dale waives any known or unknown claims she has
or might have against the City under the Public Employment Retirement Law, as amended. The City
3. Consideration to Thurmond
For and in consideration of the release and commitments made herein by Thurmond, the City
agrees to waive recovery of its attorneys’ fees and costs expended in defending the Action as to
Thurmond’s claims, and gives Thurmond no monetary consideration. Thurmond agrees to dismiss
her claims against the City with prejudice and releases the City and Releasors of all claims as set
forth in paragraph 1 above.
Dale understands and agrees she would not receive the monies and other
consideration specified in paragraph 2 except for her execution of this Agreement and the fulfillment
of the promises it contains. Thurmond understands and agrees she would not receive the
consideration specified in paragraph 3 except for her execution of this Agreement and the fulfillment
of the promises it contains.
Thus, notwithstanding the provisions of section 1542, and to implement a full and complete release
of all claims, each party expressly acknowledges this Confidential Settlement Agreement and
General Release is intended to include in its effect, without limitation, all Claims each party does not
know or suspect to exist in their favor at the time of signing this Agreement, and that this Agreement
6. General Release. Each party agrees and understands this Agreement provides
a full and final general release covering all known and unknown and anticipated and unanticipated
injuries, debts, claims or damages which may have arisen, or which may arise, connected with all
matters from the beginning of time to the date of this Agreement, as well as those injuries, debts,
claims or damages now known or disclosed which may have arisen, or which may arise, from Dale’s
and Thurmond’s respective employment by the City or their leave or separation from employment.
(b) Dale shall be permitted to disclose the amount and terms of this Agreement
only to her attorneys, accountants, or financial advisors or as otherwise expressly allowed, required
or compelled by law, and then only after such persons to whom information may be disclosed under
this Agreement also agree not to disclose or publicize in any way any information regarding the
terms or amount of this Agreement.
(c) Notwithstanding any other provision hereof, this Agreement may be disclosed
in any action brought to remedy a breach of this Agreement. Such disclosure shall be limited to
those provisions necessary to remedy the breach.
11. Statement Regarding Dispute. In the event of any inquiry about the disputed
matters resolved by this Agreement, Dale and Thurmond agree to respond only that the matter was
resolved.
14. Governing Law. This Agreement is made and entered into in the State of
California, and shall in all respects be interpreted, enforced and governed under California law.
16. Integration and Amendment. 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. Any modification or amendment to this Agreement must
be in writing and must be signed and dated by all of the parties, and must explicitly state it is
intended to be an amendment to or modification of this Agreement.
17. Rule of Construction. Counsel for the respective parties have reviewed and
participated in the drafting of this Agreement. Consequently, the rule of construction that
ambiguities shall be resolved against the drafter shall not be used or applied in the interpretation of
this Agreement.
18. Waiver of Breach. If any party to this Agreement waives a breach of one of
the provisions of this Agreement by any other party, that waiver shall neither operate nor be
construed as a waiver of any subsequent similar breach of any provision of this Agreement.
19. Binding Agreement. This Agreement shall be binding upon each party to it
and upon each of such party's heirs, administrators, representatives, insurers, executors, successors
and assigns, and shall inure to the benefit of each other party and of Releasees and each of them, and
to their heirs, administrators, representatives, insurers, executors, successors and assigns. The parties
intend that this document be enforceable pursuant to CCP section 664.6, and that it constitutes a
binding contract.
21. Arbitration and Attorneys’ Fees and Costs for Enforcement of This
Agreement. If any Party breaches the terms of this Agreement, the parties agree that such and any
dispute regarding this Agreement will be submitted to binding arbitration via the JAMS EnDispute
processes. The Parties further agree that the prevailing party may be entitled to reasonable attorney’s
fees and costs relating to that enforcement action at the discretion of the arbitrator.
23. Return of City Property. Dale and Thurmond agree to return, destroy or
delete all City property and documents, including electronic information, with seven days of the
execution of this Agreement, and aver that they have not disseminated any City information or
documents as of the date of the execution of this Agreement, and agree that they will not do so in the
future.
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