SETTLEMENT AGREEMENT, GENERAL RELEASE AND COVENANT NOT TO SUE ‘ls SETTLEMENT AGREEMENT, GENERAL RELEASE AND COVENANT NOT ‘TO SUE (Agreement relating to claims agains te City md County of San Francisco Manip Transportation Agency CSFMITA" or “Ageny") andthe City and County of San is made by and between IIIIEK Complainant”) andthe Cty WHEREAS, Compliant is employed by the Cy 14 Cssitcion ME se serra; ad WHEREAS, Complainant claims that during and asa result of the Complainant's Francisco (“City”) employment withthe City, Complainant suffered damages on account of wrongful conduct by the SFMTA and the City, including without imitation, employment discrimination in violation of Government Code section 12940() et eg, and retaliation in violation of Goverament Code section 12940(m}2) and 12940¢h); and WHEREAS, Complainant fled Charge No SII its tbe United States Equal Employment Opportunity Commission :0C’) (the “Proceeding”), and WHEREAS, ‘Complainant filed the following in San Francisco Superior Court: KM v. City and County of San Francisco, Metropolitan Transit Authority, Case No A (1 “Aetion”) and WHEREAS, the parties now desire to avoid the expense, burden and delay of litigation and without admitting or acknowledging soy liability, to resolve all ofthe Complainants claims, as well asthe Action, the Proceeding, and any and all lawsiits and claims brought by ‘Complainant agunst the City, flly nd forever in consideration ofthe promises contained derein; EE. ccsr.snr. coNOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. xchange ore pomies by niin his Aare, ning aot lined ose in Paragraph 2, an compte stent of Crp any, he ‘Aton andthe Proceeding en ste othe contin nprsedent argrph he ty il ay theo amount fire andr anv thousand vo he nd for hla (85022480 te “Seiemen Anoun” allo a elows a Fourtunied and Seven Nin Thousand Seven Hed Dols and Fiy-Two Cet ($479,700.52) of he etement Amount wl be osred and teats semen damages pra nay ining eget of ent inary. This ncn note oni or etd sk wage. No esd or wings wl be dette om hi aot ne vet espe aig abso eine contay te inno oft pari tht thy sol ve Weld he amount frit purposes, Compnn ages indemnity hit fr any anal x abies whch ny ret om sh reo ito This moun shal be pai by chek and made pablo ee = b ‘Twenty-Two Thousand Five Hundred Forty-Eight Dollars and Fifteen Cents ($22,548.15) of the Settlement is payment for compensatory time accrued during the relevant time ofthis, This anon il ot e considered or teats back wags. No tna, dedtos oe wtldings wil be deduced fom his oun nth event he prope taxing autores should determine contrary othe neon oe prs athe Citys hve wind eur or pups, Copan ng inde hy ony ‘and all tax ibilities which may result from such flue to withhold. This amount shall be paid EEE. . 2655.50.04, coo Abychek and made pyshe od dvr o Conlin EE 2. Imaddition to paying the Settlement Amount, and subject to current and future ‘opertonal needs ofthe SFMTA, ths City agrees to spoint Complainant tothe following 7ositon I permanent civ service C5) ‘or tos similarly stated poston win he SEMA. The City agresto make the appointment within one month ofthe dts his Apecment is filly executed. The appintmnent is sbjet future vacancies and may include appointment to an exempt position, should position [HEE bc climinated as a part of th: Mayor's approved Fiscal Year 2020/2021 budget. The City agrees to offer the ight of in refusal to Complainant. 3. a Inconsidemto of te Settlement Amount and for other promises in his ‘Agreement, nd fr oer good and sfiint consideration, Compliaa, for Complainant, Complainant’ brit, executors, adninisrtors, assigns and sccestors, ly and forever releases sd discharges the iy, ts consent departments inching the Agency), commision, seccis, oars, predecestors, icessos, subsidiaries, related ents, nd curent and former officers, destors rst, gens, employes and assigns collectively “Relesses") fom any snd sl bles, chime, demands, sons, debs, damages, aso missions, cblialions and causes of action of every nature, kind and description, in lw, equity or others, whether or not sow koown orankxown, which hoor oof mayen nay way ating ot of, connected vith rented to Complsinan’s ployment wth he City, the Proceeding the Aton, andthe egtnton, ts wd enceton ofthis Agremen up tan including the ate Complainant signs thie Agreement th Signatur Dat”), The eles in hie Paragraph 3 inlay, but i ot limited to, release of any matter, cause or thing in any way arising out of, connected with or ME cs, 50004, coerelated othe Action and the Proceeding, and any and all past, pending or contemplated lawsuits; elaims; EEOC, DFEH or other administrative charges; and grievances brought by or on behalf of Complainant against any Releasce not et forth herein, in any way aring ou of, connected with relating to Pais’ employment within the City though the Signature Dat. , Therelease contained in this Paragraph 3a complete and general release that wil forever bat Complainant from pursuing any released claims or ights agains any Release. Complainant covenants nolo sue or aherwit institute or in any way actively atcipat ino voluntarily ast inthe prosecution of any legal or administrative proceedings suainst any Release. However, his Agreement does nat prevent Complainant from responding as required by law to any court order, subpoena, or goverment investigation (uch as by the EEOC or similar agency) or providing other dsclonures as required by law in any ation agains Releases, or fom inating or participating inproceedings about matrs other than the Released Claims. Complainant understands and agres that Complainant is waiving any rights ‘Complainant may have had, now has, or inthe future may have to ps any andl remedies available to Complainant under any cause of ation ori any way arg out of, connected with or related tothe Released Claims. Such causes of ation shal include without imitation laims of wrongful discharge, defamation, invasion of privacy, intentional rflition of emotional distress, negligent infliction of emotional distress, breach of contract breach ofthe covenant of 000 faith nd fair deaing, violation ofthe provisions of the California Labor Code, the Cit Charter, Administrative Code, ordinances, Civil Service Commission Rules and other City enactments, the Meyers-Milias-Brown Act, violation of any memoranda of understanding covering Complainant, and claims under Title VII ofthe 1964 Civil Rights Act, as amended, the Civil Rights Act of 1991 the California Fair Employment and Housing Act, the Americans with 4 HEE. cs5,50074, coies Act, the Rehabilitation Act, the amily and Medical Leave Act, the California Fair “Employment and Housing Act, the Americans with Disabilities Act, the Retabilitaion Act, the ‘Family and Medical Leave Act, the California and United States Constitution, the Equal Pay Act ‘of 1963, the Age Diserinination in Employment Act of 1967, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866, and any other laws and regulations relating to ‘employment o to discrimination. © Complainant understands and expressly agrees thatthe release contained inthis Paragraph 3 extends to all release claims of every nature and kind, krown or unknown, suspected or unsuspecte, past, present or future, and that any and al rights under Section 1542 ofthe California Civil Code or any analogous state law or federal law or epulation are hereby expressly waived, Section 1542 of the California Civil Code read a follows: ‘A general release doesnot extent to claims which the creditor does rot know or ‘Suspect to exist in his or her favor a the time of executing the release, which if ‘known by him or her must have materially affected his or her settlement withthe debior. 4. In further consideration ofthe foregoing, Complainant hereby agrees, acknowledges, and recognizes that this Agreement sa “no fault” settlement in light of disputed claims, and that nothing contained inthis Agreement shall constitute or be treated as an admission of liability or wrongdoing by the Complainant othe City, which liability or wrongdoing is expressly denied by both putes 5. Complainant represents tat either () there reno exiting liens or partial lens ix ‘xistence, including witout limitation any attomey'sfes, medical reimbursement, _unemployment or dsabiliy compensation liens, which attach to the Action the Proceeding, the mounts specified in this Agreement, orto any recovery pid o Complanat in connection with the setement of the Acton or the Proceeding, nor is any person or entity entitled to establish a s EE. .ccs, 505, ce Nolien for any payment or payments they have made or wil make to Complainant or on behalf of Plant sa consequence of any ofthe matter arising ut of, connectd with r relating 10 Complainant's employment wih the City, the Action of the Proceeding, o (bo the extent there ‘re any sch ins, Complainant wil pay and reir all such liens. Complainant agresto defend, indemnify and hold harmles the City against any and all claims by any person or entity purporting to hold any lie, intrest, or other lam, whether for medical are, unemployment andr disability compensation, attorney's fs, or otherwise, involving Complainant in any way arising fom, connected wit or related to Complainant’ employment withthe City, the ‘Action othe Proceeding. 6. Complainant represents and warants that Complainant has fll power to make the releases and agreements contained herein. Complainant expressly represents and warrants that Complainant has nt assigned, encumbered or in any manner transfered all or any poston ofthe claims covered by the releases and agreements contsned herein, Complainant acknowledges sd agrees that this warranty and representation ian cesentsl nd material term ofthis ‘Agreement. Complainant agrees to indemnify the affected Release for any clims brought sgsnst any Releasee by purported assignees of Complinant, including costs of judgment and reasonable attorney's fees. 7. Complainant agrees that within thee (3 court days of receiving the Setlement Armount, Complainant wil dismiss the Action in is etrty and with prejudice by ing a “Dismissal with Prejudice” Complainant agree to serve an endorsed filed copy ofthe dismissal ‘on City’s counsel. In addition, Complainant represents that either (a there are no outstanding DFEH, EEOC, o other administrative charges that are or may be pending relating ‘Complainant's employment with the City through the Signature Date, or (b) tothe extent any 6 ee |such charges have been or are filed by the Complainant or onthe Complainant's bebalf, (Complainant agrees to dismiss or withdraw any such charges, wit prejudice. Complainant expressly acknowledges thatthe list of oustanding matters may not be exhaustive, but the ‘Complainant nevertheless agrees to dismiss with prejudice al litigation, claims, grievances, and administrative charges or any nature, kind and description agains’ and Releasee that arise out of ‘any right or claim released inthis Agreement, whether or not listed inthis Agreement. 8. _Allparties shall bear ther own attomey’'s fees, legal expenses and cos 9. Complainant acknowledges that this Agreement is contingent upon approval by the SFMTA Board of Directors and tha this Agreement with not become effective absent such approval. The City agrees to recommend the SEMTA Board of Directors approve the ‘Agreement, and if approved, to make good faith efforts to pay the Settlement Amount by September 1, 2020. 10, The parties acknowledge that this Agreement constitutes the soe agreement in ‘his matter, that it supersedes any prior orl or writen agreement, and tat it may be modified ‘only by a writing signed by all parties to this Agreement, and approved by the SFMTA Board of | Directors 11, Ifany provision ofthis Agreement is found unenfurceable, then the remaining provision shall valid and enforceable. 12, This Agreement is made and entered into within and shall be governed by, construed, interpreted and enforced in accordance withthe laws ofthe State of California, without regard to the principles of coniicts of laws. The parties agree thatthe San Francisco ‘Superior Court shall have jurisdiction to enforce this Agreement. Al disputes arising out ofthis ‘Agreement shall be resolved by the San Franciseo Superior Court.13. Complainant acknowledges that Complainant has the right to consult with any sttomey concerning this Agreement, including any releases contained herein 14, Complainant acknowledges that Complainant has read and understands this ‘Agreement and that Complainant agrees to its terms and signs this Agreement voluntarily and without coercion. Complainant further acknowledges that the release and waivers Complainant hhas made herein are knowing, conscious and with fll appreciation that Complainant is forever foreclosed from pursuing any of the rights or claims so released or waived, 15. Complainant acknowledges the following: () that this Agreement is waitten in a ‘manner calculated to be understood by Complainant and Complainant infact understands the Agreement; (b) tha this Agreement specifically refers to and waives rights or claims arising ‘under the FEHA,; () that this Agreement applies only to claims arising up to and including the date that the Complainant signs this Agreement; (d) that in exchange for this Agreement, ‘Complainant received value beyond that to which Complainant is already entitled; (c) that the City has advised Complainant in writing that Complainant may consult with an attorney; and (8) ‘that Complainant has been provided with an adequate period of time to review this Agreement, ‘Complainant is entitled to consider this Agreement for twenty-one (21) days before signing and ‘that Complainant has made a knowing and voluntary decision to sign this Agreement before the expiration of the twenty-one (21) day period, Complainant may revoke this Agreement for a period of seven days after executing the Agreement. This Agreement shall not become effective ‘or enforceable until the revocation period has expired. 16. This Agreement may be executed in separate counterparts, each of which shall be ‘deemed an original, and all of which shall constitute one single instrument,DATED, DATED: Sis Depury Cw ARN De pt ; * shay oe hfs Gi and County of Sin Francisco Conga By pateateo: paren S\8 a en = Le 4 paren /5°0 wba g sea bs oanx_S/! ana vxno fff Chatto teas are snd Eig BAROSENTHLD