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Home My WebLink AboutMARBAN, ENRIQUEA-2025-024 INSURANCE NOT REQUIRED V 10RK MAY PROCEED CITY CLERK DATE: MAR 1610 SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims {"Agreement") is made and entered into by and between ENRIQUE MARBAN ("Appellant" or "Marban"), and CITY OF SANTA ANA e,il�st�n �riltil/r'1 IY1iIGldt� WITNESSIFITN; WHEREAS, Marban was terminated from his position of Recreation & Community Services Supervisor on January 11, 2022 and timely appealed to the City of Santa Ana Personnel Board (the "Action"). WHEREAS, Marban 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: I . 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 Marhan or any person, violation of any order, law, statute, duty, or contract whatsoever against Marban or any person. City specifically disclaims any liability to Marban or any other person for any alleged violation of the rights of Marban 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 Marban of any liability, misconduct, or wrongdoing whatsoever. 2. Each party will exchange a fully signed executed copy or original of this Agreement. Marban 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 Marban. 3. Following execution of this Agreement by all parties, Marban shall formally withdraw and dismiss the Action and hereby waive any rights to appeal his termination. Marban authorizes his attorneys to take all actions necessary to withdraw and dismiss the Action. 4. Marban agrees to resign from employment with the City effective January 11, 2022, and further agrees to sign and submit, concurrently herewith, a letter of resignation effective January 11, 2022, in the following language: "I hereby resign my employment with the City of Santa Ana effective January 11, 2022." Marban acknowledges that he has no right or entitlement to return to work for the City. Marban 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 Marban's resignation and shall rescind its termination of MarbaWs employment and ensure that its personnel action form reflects Marban's resignation from City employment as stated herein. S. To the extent legally permissible, City will provide a neutral reference to Marban's prospective employers in the event one of them contacts the City about Marban's employment with the ?age 1 bf 4 t 1A City. The City will only share the dates that Marban was employed by the City and his title during those Years. 6. 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 eighty-two thousand five hundred dollars ($82,500.00) made payable to "Enrique Marban" care of his legal counsel. This monetary amount represents a full and complete settlement of Marban's claims in the Action. 7. Marban agrees that this Agreement constitutes full and complete settlement of all claims made against City. Marban will not seek any further compensation for any other claimed damages, costs, or attorneys fees in connection with the matters encompassed in this Agreement. 8. Marban acknowledges and agrees that City has made no representations regarding the tax consequences of any amounts received pursuant to this Agreement. Marban agrees that he and he alone is liable for all taxes, if any, which are owed by him/her on anyamount, received hereunder including interest and penalties. Marban will hold City harmless from any and all claims made by federal, state, or local taxing authorities or lien holders against Marban on amounts owed by him/her. 9. Marban represents that, with the exception of this Action and any 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 Marban's behalf, Marban will direct that agency or court to withdraw and dismiss the matter with prejudice. 10. 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." l I. 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 ofany 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 inciticnt(s) which form the basis of the Action. 12. Each person sibling below represents shut 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 Ageemcnt, 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 Page 2 of ( fft 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. 13. Marban hereto represents and aclmowledgcs that in executing this Agreement, he does not rely and has not relied upon any representation or statement made by City or by any of 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. 14. 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. 15. 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, 16. 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. 17. 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. 18, 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. 19. 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] Page 3 of Y� PARTIES: ;kLQellant Enrique -Marban f)atrd: �Ilejl5— ENRIQUE MARBAN itynr1zqntn Ann Dated. 4r CITY OF SANTA ANA, a charter law cit municipal corporation, duly organizedband existing un er the onstitunon and lases of the State f ifo liy. Caro Nunez City Manager AITEST: 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., Dated;3(—%jP;-a4 'S By: Jennifer Hal ity Ierk APPROVED AS TO FORM: Rothner, cgall & Greenstone Dated: March 6, 2025 Parc a Darafs Attorneys for Appellant Enrique Marban SONIA R. CARVALHO CITY ATTORNEY Dated: March 18, 2025 Kyle IN e-II—es en Assistant City Attorney Attorneys for City of Santa Ana Pale 4 of 4