HomeMy WebLinkAboutGOMEZ, ROSALIO N-2024-356
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SETTLEMENT AGREEMENT AND
RELEASE OF ALL CLAIMS
This Settlement Agreement and Release of All Claims ("Agreement") is made and entered into
by and between ROSALIO GOMEZ ("Appellant"or"Gomez"), and CITY OF SANTA ANA("City").
WITNESSETH:
WHEREAS, Gomez was terminated from his position of Recreation Program Coordinator on
November 8, 2021 and timely appealed to the City of Santa Ana Personnel Board (the"Action").
WHEREAS, Gomez and City (collectively, the "Parties"), desire to settle fully and finally all
differences between them, including, but in no way limited to,those differences described above.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained and other good and valuable consideration,receipt of which is hereby acknowledged,and to
avoid unnecessary litigation, it is hereby agreed by and between the Parties as follows:
1. This Agreement and compliance with this Agreement shall not be construed as an
admission by City of any liability whatsoever, or as an admission by City of any violation of the rights
of Gomez or any person,violation of any order,law,statute,duty,or contract whatsoever against Gomez
or any person. City specifically disclaims any liability to Gomez or any other person for any alleged
violation of the rights of Gomez or any person, or for any alleged violation of any order, law, statute,
duty, or contract on the part of any employees or agents of City. Likewise, this Agreement and
compliance with this Agreement shall not be construed as an admission by Gomez of any liability,
misconduct, or wrongdoing whatsoever.
2. Each party will exchange a fully signed executed copy or original of this Agreement.
Gomez will also execute and provide to City a W-9 tax form. City cannot proceed with processing
payment without a fully executed copy of the Agreement and W-9 from Gomez.
3. Following execution of this Agreement by all parties, Gomez shall formally withdraw and
dismiss the Action and hereby waive any rights to appeal his termination. Gomez authorizes his attorneys
to take all actions necessary to withdraw and dismiss the Action.
4. Gomez agrees to resign from employment with the City effective November 9, 2021, and
further agrees to sign and submit, concurrently herewith, a letter of resignation effective November 9,
2021, in the following language: "I hereby resign my employment with the City of Santa Ana effective
November 9, 2021." Gomez acknowledges that he has no right or entitlement to return to work for the
City. Gomez has the right to apply for work at the City and shall be considered pursuant to the applicable
civil service rules. The City agrees to accept Gomez's resignation and shall rescind its termination of
Gomez's employment and ensure that its personnel action form reflects Gomez's resignation from City
employment as stated herein.
5. Within 30 days of the execution of this Agreement by all parties and receipt of fully
executed W-9 form, City will make available a check in the amount of seven thousand five hundred
dollars ($7,500.00) made payable to"Rosalio Gomez"care of his legal counsel. This monetary amount
represents a full and complete settlement of Gomez's claims in the Action.
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6. Gomez agrees that this Agreement constitutes full and complete settlement of all claims
made against City in this Action. Gomez will not seek any further compensation for any other claimed
damages, costs, or attorney's fees in connection with the matters encompassed in this Agreement.
7. Gomez acknowledges and agrees that City has made no representations regarding the
tax consequences of any amounts received pursuant to this Agreement. Gomez agrees that she and
she alone is liable for all taxes, if any, which are owed by him/her on any amount,received hereunder
including interest and penalties. Gomez will hold City harmless from any and all claims made by federal,
state, or local taxing authorities or lien holders against Gomez on amounts owed by him/her.
8. Gomez represents that,with the exception of this Action and the government tort claim
associated therewith and submitted to the City of Santa Ana, he has not filed any complaints,
claims, or actions against City including any of its officers, agents, directors, supervisors, employees, or
representatives of City with any state, federal, or local agency or court and that he will not do so at any
time hereafter as it relates to this Action and that if any agency or court assumes jurisdiction of any
complaint, claim, or action against City on Gomez's behalf, Gomez will direct that agency or court to
withdraw and dismiss the matter with prejudice.
9. The Parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the
State of California are hereby waived. Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release,which if
known by him or her must have materially affected his or her settlement with the
debtor."
10. Notwithstanding the provisions of Civil Code section 1542, each party hereby
irrevocably and unconditionally releases and forever discharges each other party and each and all of its
officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and
all persons acting by, through, under, or in concert with each other party from any and all charges,
complaints,claims,and liabilities of any kind or nature whatsoever,known or unknown, suspected or
unsuspected(hereinafter referred to as "claim"or"claims")which each releasing party at any time
heretofore had or claimed to have or which each releasing party at any time hereafter may have or claim
to have, incidental to the incident(s)which form the basis of the Action.
11. Each person signing below represents that she has reviewed all aspects of this Agreement,
that the Agreement has been carefully read and fully explained to them and that they understand every
provision of this Agreement, that they understand that in agreeing to this document they are releasing
each party hereby from any and all claims they may have against each party released, that they
voluntarily agree to all the terms set forth in this Agreement, that they knowingly and willingly
intend to be legally bound by the same, that they were given the opportunity to consider the terms
of this Agreement and discussed them with legal counsel. Each party hereby warrants that they have the
authority to enter into this Agreement and bind the party for whose benefit they execute this Agreement.
12. Gomez hereto represents and acknowledges that in executing this Agreement, she
does not rely and has not relied upon any representation or statement made by City or by any of
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the City's agents, attorneys,or representatives with regard to the subject matter, basis, or effect of
this Agreement or otherwise, other than those specifically stated in this Agreement.
13. The Parties shall bear their own costs and attorney's fees in relation to the Action.
Neither party shall be liable to the other for any costs or attorney's fees incurred in the Action or
in connection thereto.
14. This Agreement shall be binding upon the Parties hereto and upon their heirs,
administrators, representatives, executors,predecessors, successors, and assigns, and shall inure to
the benefit of said Parties and each of them and to their heirs, administrators, representatives,
executors,predecessors, successors, and assigns.
15. Should any provision of this Agreement be declared or be determined by any
court of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity, and
enforceability of the remaining parts, terms, or provisions shall not be affected thereby, and said
illegal, unenforceable, or invalid part, term, or provision shall be deemed not to be a part of this
Agreement.
16. This Agreement sets forth the entire agreement between the Parties hereto and
fully supersedes any and all prior agreements or understandings,written or oral,between the Parties
hereto pertaining to the subject matter hereof.
17. This Agreement shall be interpreted in accordance with the plain meaning of its
terms and not strictly for or against any of the Parties hereto.
18. This Agreement may be executed in counterparts, secured via e-mail, facsimile
transmission or otherwise, each of which shall be deemed to be an original. Photocopies of any
executed counterpart shall have the same force and effect as an original.
[signatures on following page]
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PARTIES:
Appellant Rosalio Gomez
Dated: 09/29/2024 k
ROSAL O GOMEZ !•
• n
City of Santa Ana
Dated: 1° (( ' LL( CITY OF SANTA ANA, a charter law city and municipal
corporation,duly organized and existing under the Constitution
and laws of tl a State f California
By:
Lori Schnaider
Executive Director of Human Resources
ATTEST: CITY OF SANTA ANA, a charter law city and municipal
corporation, duly organized and existing under the
Constitution and laws of the State of California
�( �� t
Dated: l oZL By: ��
1.11, C Clerk
APPROVED AS TO FORM:
SEIU Local 721
Dated: 10/01/2024
Carson V.Acosta
Attorneys for Appellant
Rosalio Gomez
SONIA R. CARVALHO
CITY AT ORNEY
10/21/2024 , -<7 •
Dated: •
Jonathan TerKeurst
Assistant City Attorney
Attorneys for City of Santa Ana
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