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HomeMy WebLinkAboutContract 50900 1q A .234S6 Q 4 CV SUN CITY o CITY SECRETARY 0�,0 ,P,7 Ito .� CONTRACT NO. 0 B SETTLEMENT AGREEMENT �9 r. . TWCCRD Charge No.: I A 18798 EEOC Charge No.: 31 C-2018-00694C COMPLAINANT: Edward Ramirez RESPONDENT: CITY OF PORT WORTH 1. In exchange for the promises made by CI'T'Y OF FORT WORTH, hereinafter referred to as the "Respondent", contained in this Agreement, Edward Ramirez, hereinafter referred to as the "Complainant," agrees: A. Not to institute a lawsuit under the Texas Commission on Human Rights Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, or the Americans with Disabilities Act, as amended, based on the complaint number(s) referenced above and filed with the Texas Workforce Commission's Civil Rights Division and the U.S. Equal Employment Opportunity Commission. Complainant releases all claims that he has brought, or could have brought, against Respondent, its employees, agents, and officers under the "Texas Commission on Human Rights Act, as amended, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, or the Americans with Disabilities Act,as amended B. Complainant agrees that submission of this Settlement Agreement will constitute a request for closure of the Texas Workforce Commission Civil Rights Division Complaint No. I A 18798 and the U.S. Equal Employment Opportunity Commission Complaint No. 31 C-2018-00694C. Complainant agrees to execute and submit to the Texas Workforce Commission Civil Rights Division and the U.S. Equal Employment Opportunity Commission a Request for Withdrawal of Charge of Discrimination form. If the U.S. Equal Employment Opportunity Commission or the Texas Workforce Commission Civil Rights Division refuses to withdraw or dismiss any pending charge and pursues a claim for damages, injunctive relief, or other relief on his behalf, Complainant agrees to waive or forego his right to receive such damages or relief. 2. In exchange for the above promises of lite Complainant, above, the Respondent agrees to: A. Restore 150 hours of Complainant's accrued work leave. The hours will be divided and restored as follows: 86.5 hours will be restored to Complainant's Major Medical Sick Leave pool, 57 hours will be restored to Complainant's Vacation Leave pool, and 6.5 hours will be restored to Complainant's Sick Leave pool. All 150 hours will be restored to the picviously-relcreneed leave pools within seven (7) days after the execution of this settlement agreement. OFFICIAL RECORD Piwe ff i CITY SECRETARY TWCCit) If i A 18798; EEOC a31 C-2018-00694C Ir'1'.WOR'1''11TX 3. The parties each agree that neither they, nor their representatives, will disparage the other party. Disparage as used herein shall mean any communication, oral or written, of false information or the communication of inforniation with reckless disregard to its truth or falsity. Respondent also agrees that it shall not make any statements, either internally or externally, that reflect adversely on the Complainant's job performance, other than in the regular course of business. This promise includes, but is not limited to, refraining from publication of negative or disparaging remarks on the Internet or in any other media. Providing truthful and non-malicious testimony under a lawful subpoena is not a violation of this clause. For Respondent, this non-disparagement obligation is limited to management- level employees. 4. It is understood that this Agreement does not constitute an admission by the Respondent of any violation of Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, or the Texas Commission on Human Rights Act, as amended. S. The Complainant and the Respondent agree that this Agreement may be used as evidence in a subsequent proceeding in which any of the parties allege a breach of this Agreement. 6. Should any provision be determined to be invalid, it is agreed that such determination shall not affect the enforceability of other provisions herein. Texas law shall govern the validity and interpretation of this Agreement. The parties stipulate that jurisdiction and venue shall be in the district courts of Tarrant County, Texas, for any action involving the validity, interpretation, or enforcement of this Agreement, or for any claim for breach of this Agreement, for damages, or for any other relief brought under this Agreement. 7. The provisions of this Settlement Agreement will be held in strictest confidence by Complainant and the Respondent, to the extent allowed by law, and will not be publicized or disclosed in any manner whatsoever;provided however, that: (a) the Complainant may disclose this Agreement to his spouse; (b) the parties may disclose this Agreement in confidence to their respective attorneys, accountants, auditors, tax preparers, and Financial advisors; (c) the Respondent may disclose this Agreement as necessary to fulfill standard or legally required corporate reporting or disclosure requirements; and (d) the parties may disclose this Agreement insofar as such disclosure may be necessary to enforce its terms or as otherwise required by law. The Parties acknowledge that a violation of this covenant would constitute a material breach of this Agreement. The Complainant or Respondent is to reply with the following statement, if asked by anyone: "The Dispute was resolved to the parties' satisfaction." Complainant understands that Respondent is a public entity and is required to comply with the Texas Public Information Act, Texas Government Code Chapter 552. S. This Agreement may be executed in counterpart facsimile signatures and all such counterparts shall constitute a single form of this Agreement. Page# 2 TWCCRD 111 A 18798; EEOC 1131 C-2018-00694C C-41--- n....,....,,,.,. _ i 'OMPLAI� Iv DATE, Ram z RESPONDENT DATE JAY Cl IAPA,ASSISTANT CITY MANAGER CITY OF FORT WORTI APPROVED AS TO FORM AND LEGALITY �/- ci ikis,rot,i A. TROUI"C DATE SENIOR ASSISTANTCITY ATTORNEY ATTEST: ARY KA R T SE ZETA.RY DATE M&C: K)A 1295: [OFFICIAL RECORD CITY aI1CRETARY FT.WORTHO TX Page Nf 3 TWCOM NOA18798; FLOC 43IC•2018-00694C Cniilnnv+nl Anrnnrnnnf Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements By: Name: Christopher A. Troutt Title: Senior Assistant City Attorney Date: June 20, 2018 OFFICIAL RECORD CITY SECRETARY Ira WORTH,TX