Missing Data - ADMIN - 9/14/2014 11:08:49 PMEEOC CHARGE NO. 451-2012-00414 AMENDED
CHARGING PARTY: Pamela M. Price
RESPONDENT: City of Round Rock, Texas
FULL AND FINAL SETTLEMENT AND RELEASE AGREEMENT
AND CONFIDENTIALITY AGREEMENT
A.
DEFINITIONS
1. Pamela M. Price is the Charging Party in the above -entitled and numbered charge on
file with the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce
Commission Civil Rights Division under Title VII of the Civil Rights Act of 1964.
2. City of Round Rock, Texas is the Respondent in the above -entitled and numbered
charge, and is a Texas home rule municipality located in Williamson and Travis Counties, Texas.
3. "Charging Party" as used herein shall mean all parties identified hereinabove as
Charging Party and who are parties to this Agreement, and shall include any and all "Derivative
Claimants" and "Entities" as defined below.
4. "Respondent" as used herein shall mean all parties identified hereinabove as
Respondent and who are parties to this Agreement, and shall include any and all "Entities" as
defined below.
5. "Derivative Claimants" shall mean any person or entity acting by, through, on behalf
of, in association with, or under the Charging Party on any claim flowing from the Charging Party,
(including by reason of marriage or family relationships, any such person), or any of the Entities of
the Charging Party.
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6. "Entities" of a party shall mean those persons and/or entities (whether now in
existence or not) that are, or were, owned or controlled, in whole or in part, directly or indirectly, by
a party to this Agreement, or any Derivative Claimant, and their respective entities, employers,
employees, directors, shareholders, officers, assigns, predecessors, successors, attorneys,
representatives or agents of such persons and/or entities.
7. "Representatives" of a person or entity shall mean and include all of that person' s or
entity' s past or present principals, agents, servants, employees, attorneys, consultants, experts,
partners (both general and/or limited), equity participants, officers, directors, shareholders, parent
companies, subsidiaries, affiliates, predecessors, successors, assigns, estates, beneficiaries, heirs,
devisees, legatees, trustees, and personal representatives.
8. "Settlement Agreement" shall mean this Full and Final Settlement and Release
Agreement and Confidentiality Agreement by and between the parties hereto.
B.
CONTRACTUAL RECITALS AND
STATEMENT OF PURPOSE
WHEREAS, Charging Party has initiated claims against Respondent, alleging various
potential causes of action (Charging Party' s "Claims"); and
WHEREAS, Respondent has denied, and continues to deny, all such allegations by
Charging Party; and
WHEREAS, this Settlement Agreement, and the execution hereof, is not, and is not intended
to be, and shall never be construed to be, an admission of any fault or wrongdoing by or on behalf of
Charging Party or Respondent, all such claims having been expressly denied heretofore, and the
parties continue to deny the same; and
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WHEREAS, all provisions of this Settlement Agreement and Release are contractual in
nature, and not mere recitals only; and
WHEREAS, the purpose of this Settlement Agreement is to set forth and embody a
negotiated compromise, settlement, and release, as set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and conditions herein
contained, and the incorporation of the above Recitals, the parties hereto agree as follows:
C.
PERSONS AND ENTITIES PERMANENTLY BOUND
BY THIS SETTLEMENT AGREEMENT
1. Charging Party, Pamela M. Price, understands and agrees that by execution hereof, the
terms of this Settlement Agreement are permanently binding upon Charging Party and upon all
representatives, heirs, successors and assigns of Charging Party.
2. Respondent, the City of Round Rock, Texas, understands and agrees that by execution
hereof, the terms of this Settlement Agreement are permanently binding upon Respondent and upon
all representatives, successors and assigns of Respondent.
3. Charging Party, Pamela M. Price, represents and warrants that Charging Party has
fully and freely approved of all of the terms, conditions and covenants of this Settlement Agreement
as evidenced by the duly authorized signature to this Settlement Agreement.
4. Respondent, the City of Round Rock, Texas, represents and warrants that Respondent
has fully and freely approved of all of the terms, conditions and covenants of this Settlement
Agreement as evidenced by the duly authorized signature to this Settlement Agreement.
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D.
NO OUTSTANDING CLAIMS
1. Charging Party and Respondent warrant and represent that they do not have any
awareness of the existence of any actual or potential claims, demands, suits, causes of action, charges
or grievances possessed by either Charging Party or Respondent that are not subject to and fully
released by this Settlement Agreement that concern or relate in any way, directly or indirectly, to the
Charge being settled.
2. Charging Party and Respondent warrant and represent that they have not assigned,
authorized or transferred in any way, whether directly or indirectly, any claims, demands, suits,
causes of action, charges, or grievances of any kind or character that Charging Party or Respondent
had or may have had prior to and including the Effective Date against each other, or may have in
future. Charging Party and Respondent neither have, nor own, any part of any actual or potential
claims, demands, suits, causes of action, charges, or grievances of any kind or character against each
other which are not subject to and fully released by this Settlement Agreement.
E.
CONSIDERATION
1. In consideration of the total sum of Nine Thousand Four Hundred Eighteen Dollars
and Twenty-eight Cents ($9,418.28), less withholding and all applicable taxes, the receipt and
sufficiency of which is hereby expressly acknowledged by Charging Party, and in consideration of
the mutual agreements, conditions, representations, warranties, recitals, covenants and statements of
intention contained herein, Charging Party hereby accepts the above -referenced payment and other
consideration in full and final settlement, compromise and release of all claims arising out of or in
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connection with the Charge, including any and all claims which may arise in future by anyone in
connection with the Charge, pursuant to this Settlement Agreement, against Respondent..
2. Respondent shall tender such sum in the following manner: within twenty-one (21)
days of actual receipt of the finalized and fully -executed copy of EEOC's "Negotiated Settlement
Agreement" attached hereto as Exhibit "A" and incorporated herein by reference for all purposes,
Respondent shall pay Charging Party via a check made payable to Charging Party and sent directly to
her at the following address:
Pamela M. Price
1445 Hargis Creek Trail
Austin, Texas 78717
3. Contemporaneously with the execution of this Settlement Agreement, Charging Party
will agree to sign and enter any orders of dismissal disposing of Charging Party's claims which are
required by EEOC or the Texas Workforce Commission Civil Rights Division, upon the request of
those entities.
4. Each party agrees to be solely responsible for the payment of their respective
attorney's fees, if any, and all other fees, costs, or expenses of any nature whatsoever incurred on
said party's behalf as a result of or in connection with the Charge and/or this Settlement Agreement.
F.
MUTUAL RELEASE
Charging Party, Pamela M. Price, and Respondent, the City of Round Rock, Texas, hereby
covenant, agree and consent to the following:
1. The intent of the parties hereto is that each person or entity executing this Settlement
Agreement shall, by reason of such execution, be entirely free of any and all actual or potential
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claims, suits, demands, causes of action, charges or grievances of any kind or character, regardless of
the nature or extent of the same, arising out of the claim and Charge, forever.
2. Charging Party, Pamela M. Price, hereby fully and finally RELEASES, ACQUITS,
AND FOREVER DISCHARGES Respondent, the City of Round Rock, Texas, and any of
Respondent's representatives, and Charging Party further covenants not to assert in any manner
against any of such persons or entities released hereby, any and all actual or potential claims held by
Charging Party, against Respondent, and/or any suits, demands, causes of action, charges or
grievances of any kind or character whatsoever, heretofore or hereafter accruing for or because of
any matter done, omitted or suffered to be done by any such party hereto prior to and including the
date hereof, and in any manner, whether directly or indirectly, arising from or related to the Charge.
G.
INUREMENT
It is understood and agreed that this Settlement Agreement shall inure to the benefit of
Charging Party, Pamela M. Price, and/or the representatives of Charging Party. No other person or
entity is intended to benefit by or be deemed a third -party beneficiary of this Settlement Agreement.
H.
EXPRESS DENIAL OF LIABILITIES
Charging Party, Pamela M. Price, and Respondent, the City of Round Rock, Texas, and/or
their representatives, understand and agree that no payment made nor released pursuant to the terms
of the Settlement Agreement, or other consideration given shall be intended to be, nor shall be
construed to be, an admission of liability, and any and all such liability is expressly denied.
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I.
SEVERABILITY
If any one or more of the provisions of this Settlement Agreement, or the application of any
such provision to any person, entity, or set of circumstances, shall be determined to be invalid,
unlawful, or unenforceable to any extent at any time, the remainder of this Settlement Agreement,
and the application of such provision to persons, entities, or circumstances other than those as to
which it is determined to be invalid, unlawful, or unenforceable, shall not be affected, and shall
continue to be enforceable to the fullest extent permitted by law. Any invalid, unlawful, or
unenforceable provision hereof shall be reformed to the extent necessary to render it valid, lawful,
and enforceable in a manner consistent with the intentions of the parties hereto regarding such
provision.
J.
ENTIRE AGREEMENT OF THE PARTIES
This Settlement Agreement constitutes the entire agreement and understanding of Charging
Party, Pamela M. Price, and Respondent, the City of Round Rock, Texas, and/or representatives,
with respect to the transactions contemplated hereby, and supersedes all prior agreements,
arrangements, and understandings related to the subject matter hereof, including but not limited to,
the Charge. No representations, warranties, recitals, covenants, or statements of intention have been
made by, or on behalf of, any party hereto which is not embodied in this Settlement Agreement or in
connection with the transactions contemplated hereby, and no party hereto shall be bound by, or
liable for, any alleged representation, warranty, recital, covenant, or statement of intention not so set
forth. All the terms, provisions, conditions, covenants, warranties, recitals, and statements of
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intention in this Settlement Agreement shall be binding upon, inure to the benefit of, and be
enforceable by Charging Party, Pamela M. Price, and Respondent, the City of Round Rock, Texas,
and/or their representatives.
K.
CONFIDENTIALITY
Following the Effective Date hereof, the parties expressly agree that the terms and conditions
of this Agreement, and all matters relating to the Charge not otherwise contained in any public
records, shall be kept strictly confidential and shall not be revealed or divulged to any third persons
or entities except as necessary for tax purposes and/or necessary and legitimate purposes, or pursuant
to a court order. The parties further agree and acknowledge that this Agreement not be disseminated
to any third party without the prior written consent of the parties to the Settlement Agreement, except
as may be required by law or court order.
L.
GOVERNING LAW
This Settlement Agreement shall be construed in accordance with the governing laws of the
State of Texas. The obligations of the parties are performable in Williamson County, Texas, and
venue for any legal action arising out of this Settlement Agreement shall lie in Williamson County,
Texas.
M.
FULL UNDERSTANDING AND AGREEMENT
EACH RELEASING PERSON, ENTITY, OR PARTY WARRANTS THAT SUCH
PARTY HAS READ THIS FULL AND FINAL SETTLEMENT AGREEMENT AND
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RELEASE, INCLUDING EXHIBITS, AND FULLY UNDERSTANDS IT. EACH PARTY
WARRANTS THAT SUCH PARTY IS OF LEGAL COMPETENCE OR LEGAL
CAPACITY, AND IS FREE, WITHOUT DURESS, TO EXECUTE THIS SETTLEMENT
AGREEMENT AND RELEASE, AND THAT SUCH PARTY HAS DONE SO OF FREE
WILL AND ACCORD, WITHOUT RELIANCE ON ANY REPRESENTATION OF ANY
KIND OR CHARACTER NOT EXPRESSLY SET FORTH HEREIN.
N.
EXECUTION AND EFFECTIVE DATE
This Settlement Agreement may be signed in counterparts, and each counterpart shall
constitute an original. The parties hereto have executed this Settlement Agreement on the dates set
forth opposite their names, to be effective as of the last date of due execution (the "Effective Date").
CHARGING PARTY
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Pamela M. Price,
Charging Party
�1-18-12
Date Signed
RESPONDENT
Steve Norwood, City Manager
City of Round Rock, Texas
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Date Signed
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'I •
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office
5410 Fredericksburg Road, Suite 200
San Antonio, TX 78229-3555
National Contact Center: (800) 669-4000
National Contact Center TTY: (800) 669-6820
San Antonio Status Line: (866) 408-8075
San Antonio Direct Dial: (210) 281-2550
TTY (210) 281-7610
FAX (210) 281-2522
NEGOTIATED SETTLEMENT AGREEMENT
1. The following Agreement refers to charge number 451-2012-00414, AMENDED, on file
with the Equal Employment Opportunity Commission (EEOC) and the Texas Workforce
Commission Civil Rights Division under Title VII of the Civil Rights Act of 1964.
2. In exchange for the satisfactory fulfillment by the City of Round Rock, Texas (City), of
the promises contained in paragraph 3 of this Agreement, Pamela M. Price (Charging
Party) agrees not to institute a lawsuit with respect to the above referenced charge.
3. In exchange for the promises of Charging Party contained in paragraph 2 of this
Agreement, the City of Round Rock, Texas (Respondent) agrees that it will accomplish
the following:
a. Within twenty-one (21) days of receiving the finalized and executed copy of this
Agreement, Respondent shall pay Charging Party Nine Thousand, Four Hundred
Eighteen Dollars and Twenty-Ei>7ht Cents ($9,418.28), minus applicable payroll
taxes, in full settlement of this matter. Payment will be accomplished through a
check made payable to Charging Party and sent directly to her at the following
address:
Pamela M. Price
1445 Hargis Creek Trail
Austin, Texas 78717
b. Respondent agrees that .,within ninety (90) days of receipt of a finalized and executed
copy of this Agreement, it will conduct no less than two '(2) hours of mandatory Title
VII training for all managers and employees within Respondent's Information
Technology Department. The training will include the statutory prohibition against
unwelcome sexual behavior, shall provide examples of conduct that may constitute a
violation of Title VII, shall discuss the statute's prohibition against retaliation
against an individual who has complained of perceived sexual harassment, and shall
explain the damaging effects that discrimination and retaliation cause to the City and
City employees.
4. Charging Party will be responsible for payment of all taxes associated with the payment
identified in paragraph 3 of this agreement.
(.M,/ 41M79-4 3 0
Negotiated Settlement Agreement Page 2.
Charge Number 451-2012-00414
5. 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. Instead,
Respondent has entered into this Agreement to resolve this natter without further
proceedings.
6. All parties to this Agreement acknowledge that Charging Party and Respondent will
execute a separate agreement prior to release of payment to Charging Party. All parties
further acknowledge that the Equal Employment Opportunity Commission has had no
involvement and will not have any involvement in the drafting or execution of the bi-
party agreement between Charging Party and Respondent. It is further understood that the
Commission does not require or endorse such an agreement.
7. Charging Party and Respondent agree that the allegations presented by Charging Party,
the negotiations leading to this settlement, the terms of this agreement and any payment
to Charging Party by Respondent will remain confidential information. Neither party
shall disclose any confidential information, either directly or in response to an inquiry, to
current or future employees of Respondent or any other person without a legal right to
know the confidential information.
8. The Respondent agrees to provide written notice to the Director of the EEOC San
Antonio Field Office within ten (10) days of satisfying the obligation specified at
paragraph 3 of this Agreement.
9. These parties agree that this Agreement may be specifically enforced in court and may be
used as evidence in a subsequent proceeding in which any of the parties allege a breach
of this Agreement.
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Date
s'4Par/rte
Date
Pamela M. Price
Charging Party
eve orwood, City Manager
for Respondent, City of Round Rock
Negotiated Settlement Agreement Page 3.
Charge Number 451-2012-00414
10. In reliance on the promises made in paragraphs 2, 3, and 8, the Equal Employment
Opportunity Commission agrees to terminate the investigation which it has begun and not
to use the above referenced charge as the jurisdictional basis for a civil action under Title
VII of the Civil Rights Act of 1964, as amended. The Equal Employment Opportunity
Commission does not waive or in any manner limit its right to investigate or seek relief in
any other charge including but not limited to, a charge filed by a member of the
Commission against the Respondent.
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Date
On Behalf of the Commission:
Travis Hicks
et
. Aetitg Director
San Antonio Field Office