AG 2004 08 16 - Laserfiche WebLink

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1. Consideratiqn. County will pay the gross amount of One Hundred Thirty Thousand Dollars ($130,000.00) to be dispersed as follows: (a) the gross mount of Fifty Thousand Dollars ($50,000.00), to resolve Employee's claim for lost wages and benefits less any amounts required to be withheld for federal and North Carolina income and employment tax purposes as provided in the Internal Revenue Code and the North Carolina General Statutes, in a check made payable to Don'is D. Wright. Th/s amount shall be reported on a Form W~2 issued to the Employee for the taxable year in wkich the payment is made; (b) the gross amount of Forty-Eight Thousand Dollars ($48,000.00) to resolve all non-wage related claims, including but not limited to past out-of-pocket medical expenses (other than insurance premiums) and all future medical expenses, costs associated with employment search, and costs associated with 401(k) withdrawal. The County will issue a Form 1099 to employee for the taxable year in which such amount is paid; (c) the gros. s amount of Thirty-Two Thousand Dollars ($32,000.00) for attorney's fees and costs, by check made payable to Ferguson, Stein, Chambers, et al. The gross amount paid to Ferguson, Stein, Chambers, et al shall be reported as attorney's fees on a Form 1099. These payments shall be made by the County within 20 days after: Employee's execution of this Agreement,. Employee's filing of a Notice of Voluntary Dismissal with Prejudice in the Contested Case, and Employee's execution of a Joint Motion for Appropriate Rehef and Consent Judgment in the Judicial Review Action, in the forms attached hereto as Appendices A and B, respectively, and entry of the Consent Order. Employee acknowledges that these payments will constitute full satisfaction of all claims, compensatory damages, punitive damages, liquidated damages or attorneys' fees, costs and disbursements, known or unknown, asserted or unasserted, including but not limited to claims for lost or unpaid wages, severance, retirement or other benefits, claims for damages to reputation, claims for physical, mental and personal injuries, and resulting emotional distress, pain and suffering, as well as all unasserted claims, including but not limited to legal or equitable relief, for all other statutory claims, all common law claims, contract claims (express, implied, oral or written), and co'sts of the Actions. Other than County's payment of Thirty-Two Thousand Dollars ($32,000.00) to Ferguson, Stein, Chambers, et al. Employee and County agree to pay their own attorney's fees, costs and expenses incurred in connection with the Actions, and agree not to make any claim against each other for such costs or expenses. In addition, Employee and County each agree to pay one half of the mediator's fees and expenses for the mediated settlement conference held on October 22 and November 243 2003. 2. No Consideration Absent Execution of this Agreement. Employee understands that County would not agree to make the payments described in Section 1 above unless Employee signed this Agreement and agreed to fulfill the promises contained herein. 3. No Other Entitlement. Employee acknowledges that she is not entitled to any compensation, benefits or o .thcr payments except as set forth in this Agreement. 4. Release of Claims. Employee knowingly and voluntarily releases and f6rever discharges and holds harmless the County, all of its agencies and departments, and all employee benefit plans sponsored or administered by any of them, and their current and former employees, officers, directors, attorneys and agents (collectively, "Releasees") from and against any and all claims, disputes, demands, liabilities, and actions or causes of action, of any kind or character whatsoever, whether at law or in .equity, whether known or unknown, whether fixed or