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HomeMy WebLinkAboutSALAMONE, JOSEPH B. 1',MRANCE,iCT REWI(ED N-2026-209 V40RK IVIU PROCE'ri D CITY CLERK rAT;,-. AUG 1 9:CAV (61) RELEASE IN FULL SETTLEMENT AND COMPROMISE �.M a r h n ez1P1Z? This Release in Full Settlement and Compromise ("Agreement"and/or"Release")is made by Joseph B. Salamone ("Claimant") and the City of Santa Ana ("City"), with respect to Claimant's claim against the City for its alleged violation of the Americans with Disabilities Act ("ADA") and the Unruh Civil Rights Act. Claimant and City are collectively referred to as the ("Parties"). This Agreement is entered into by the Parties on this 10t' day of August, 2026, RECITALS WHEREAS, Claimant alleges that on or about July 31, 2026, he contacted Santa Ana Zoo ("Zoo")staff by phone and was deterred entry to the Zoo based on an alleged City policy requiring certification,registration, or other documentation as a condition for admission of qualified service animals at City facilities (the "Incident"); and WHEREAS, on August 4, 2026, Claimant presented a Government Tort Claim to the City arising out of the Incident and asserting claims against the City; and WHEREAS, the City disputes and denies Claimant's allegations and further disputes and denies that it maintains any policy or practice requiring certification, registration, identification cards, or other documentation as a condition of access or admission for qualified service animals; and WHEREAS, The Parties now wish to settle fully any and all claims arising from the Incident and the Parties have reached an agreement, subject to the terms set forth herein. AGREEMENT Now therefore, in consideration of the promises set forth below, it is hereby agreed as follows: 1.0 SETTLEMENT TERMS 1.1 City will pay to Claimant the total sum two thousand dollars and no cents ($2,000.00), in full and final settlement of any and all claims by the Claimant against the City, which includes any and all attorney's fees and costs. 1.2 The total settlement sum shall be disbursed to Claimant in the form of a check made payable to "Joseph B. Salamone," to be transmitted within thirty (30) days following the full and complete execution of this Agreement. 1.3 Upon completion of all settlement terms,the claims and demands arising out of the Incident, as identified above, shall be fully and finally resolved, released, and discharged in accordance with the terms of this Agreement. 1.4 Claimant shall provide counsel for the City with an originally signed and fully executed copy of this Agreement and Release. Upon execution of this Agreement, Claimant shall withdraw his Government Claim arising out of the Incident, in writing, and agrees not to commence or pursue any action or proceeding based upon any claim released by this Agreement. Page I 1 of 1.5 This Agreement is contingent upon approval of its terms and conditions by all City officials or bodies whose approval is required by applicable law or City policy. 2.0 RELEASE FROM ALL CLAIMS AND LIABILITIES 2.1 Except for the obligations arising out of this Agreement, Claimant hereby waives, releases,acquits and discharges,for all time, City of and from any and all claims,demands, causes of action, liabilities, controversies and damages (collectively hereinafter referred to as "Claims") whatsoever, of whatever kind or nature, whether known or unknown, contingent or liquidated, suspected or unsuspected,which Claimants now own,hold,have or claim to have against the City, by reason of any matter or thing alleged or referred to, directly or indirectly, or in any way connected with or arising out of all or any of the matters, facts, events, occurrences, alleged or referred to in the Incident identified in this Agreement or in any way associated with the alleged incident referenced in and/or connected to the matters at issue in the Incident. It is the specific and express intention that this Agreement dispose of all of Claimant's claims as against the City and that the waivers and releases provided herein shall constitute, and be deemed understood and to act, as a full release of all past,present and future claims that may arise from the herein mentioned matters and issues as set forth in the Recitals herein or alleged or referred to in the Incident. 2.2 This release and discharge shall apply to the past, present and future officers, officials, elected and appointed officials, City Council,police officers, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other persons,firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated with the City and each of their attorneys, agents, servants,representatives, employees,subsidiaries, affiliates,partners,predecessors and successors - in interest, and assigns. 2.3 This release, on the part of the Claimant, shall be a fully binding and complete settlement amongst the Claimant and the City, and their heirs, assigns and successors and employees. 2.4 The Claimant acknowledges and agrees that the release and discharge set forth herein is general release. Claimant expressly waives and assumes the risk of any and all claims for damages which exist as of this date, but of which the Claimant does not know or suspect to exist,whether through ignorance, oversight, error,negligence, or otherwise, and which, if known, would materially affect Claimants' decision to enter into this Agreement. The Claimant further agrees that they have accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Claimant assumes the risk that the facts or law may be other than Claimants believe. 3.0 WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542 With respect to the specific subject matter of the releases set forth in Paragraph 2.0, above, CIaimant hereby waives all rights under California Civil Code section 1542, which states in pertinent part, as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her Page 12o15 settlement with the debtor or released party." Claimant understands and acknowledges the significance and consequence of the specific waiver of section 1542 of the California Civil Code along with the benefit and effect of California Civil Code section 1542 and hereby assume full responsibility for any and all injuries, damages, losses, expenses and claims hereinafter incurred by the abovementioned disputes and/or claims. 4.0 STIPULATION RE DISMISSAL WITH PREJUDICE Intentionally left blank. 5.0 ADVICE OF COUNSEL In entering into this Agreement, the Claimant represents that they have relied upon the advice of their attorneys (if any), who are the attorneys of their own choice, concerning the legal and income tax consequences of this Agreement; that the ten-ns of this Agreement have been completely read and that the terms of this Agreement are fully understood and voluntarily accepted by Claimant. 6.0 ENTIRE AGREEMENT This document contains the entire Agreement and understanding of the parties concerning the subject matter of this Agreement, and supersedes and replaces all prior negotiations and agreements,written or oral. Claimant acknowledges that no other party,agent,attorney,employee or representative of City has made any promise,or representation or warranty not contained herein. This is an integrated Agreement. 7.0 WARRANTY OF NO TRANSFER Claimant represents and warrants that no other person or entity has, or has had, any interest in the claims demands, obligations, or causes of action referred to in this Agreement, except as otherwise set forth herein; that Claimant has the sole right and exclusive authority to execute this Agreement and receive the sums specified in it; and that Claimant has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Agreement. 8.0 COMPROMISE OF DISPUTED CLAIMS Claimant understands and agrees that by payment of the settlement sums referred to in Paragraph 1.0 of this Agreement, City does not admit any liability and that this settlement is the compromise of doubtful and disputed claims and is made solely to avoid the cost and risk of continued litigation. 9.0 INDEMNITY AND HOLD HARMLESS Claimant agrees to indemnify and defend the City against, and will hold and save them Page 13of5 harmless from,any and all third-party actions, suits,claims, liens, damages to persons or property, losses, costs, penalties, obligations, or liabilities, that may be asserted or claimed by any person, firm or entity against the settlement proceeds being paid to Claimant under this Agreement. 10.0 NO OTHER PENDING ACTIONS Claimant represent that they have not filed any complaints or charges (other than the government tort claim resulting from the Incident described above)against the City with any local, state or federal agency or court; and that if any such agency or court assumes jurisdiction of any complaint or charge against the City and/or the City's predecessors, successors, heirs, or shareholders, officers, directors, agents,police officers, attorneys, subsidiaries, or corporations or organizations, whether previously or hereafter affiliated in any manner, on behalf of Claimant, whenever filed, Claimant will request such agency or court to withdraw and dismiss the matter with prejudice forthwith. 11.0 CONFIDENTIALITY 11.1 This settlement is confidential (to the extent permitted by the California Public Records Act ("CPRA"). Claimant and their attorneys agree that neither they nor their representatives, shall reveal to anyone, other than as may be mutually agreed to in writing, any of the terms of this Release nor the amount of any sums payable to Claimants hereunder. 11.2 The only exceptions to this confidentiality provision are that: (1) the City of Santa Ana, as a public entity, may be required to divulge some limited information related public record documents and information contained therein, or as otherwise required or permitted by the CPRA or other law; (2) that the Parties may disclose this Release in any litigation in which the terms of this Release are at issue; and (3)the Parties may make such disclosures concerning the settlement to their administrators, auditors,tax professionals, attorneys or insurers, as required. 11.3 It is specifically agreed and understood that the legal requirements, including but not limited to the CPRA, under which the City of Santa Ana is or may be required to disclose information about this settlement is not a breach of this confidentiality provision. 12.0 COUNTERPARTS This Agreement may be executed in counterparts and shall be effective when fully signed by the Claimant and their legal representatives. 13.0 CITY POLICY ACKNOWLEDGMENT (SERVICE ANIMALS) Claimant acknowledges that, through this Agreement, he has been advised of the City of Santa Ana's official policy concerning service animals. Consistent with Title II of the Americans with Disabilities Act and 28 C.F.R. sections 35.104 and 35.136, the City permits an individual with a disability to be accompanied by a qualified service animal in areas of City facilities open to the public, subject to the limitations authorized by law. When it is not readily apparent that a dog is a service animal, City personnel may ask only: (1) whether the dog is required because of a disability;and(2)what work or task the dog has been trained to perform.The City does not require certification, registration, identification cards, medical documentation, training records, or other Page 14of5 documentation establishing that the animal has been certified, trained, or licensed as a service animal. IN WITLESS WHEREOF, the parties have executed this Agreement the day and year first above written. ATTEST: CITY OF SANTA AN Jennif L. 11 Alvaro Nunez City City Manager APPROVED AS TO FORM: CLAIMANT: SONIA R. CARVALHO City Attorney Jonathan T. Martinez Joseph B. Sa amone Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn owns Assistant City Manager -1 - e 15of5