GOMEZ, ROSALIO - Laserfiche WebLink

Home Browse Search

N-2024-356 Oci 2 2 1014 p. coo(1,� 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. Page 1 of 4