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<br />August 16, 2004
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<br />Page 610
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<br />related to any of the factual circumstances, matters, procedures and
<br />allegations at issue in the Actions.
<br />
<br />AGREEMENT AND GENERAL RELEASE
<br />
<br />In consideration of the mutual promises contained in this Agreement, and for
<br />other good and .valuable consideration, the receipt and sufficiency of which
<br />is hereby acknowledged, Employee and County agree as follows:
<br />
<br />1.
<br />
<br />Consideration. County will pay the gross amount of One Hundred Thirty
<br />Thousand DOllars ($130,000.00) to be dispersed as follows: (a) the
<br />gross amount of Fifty Thousand Dollars ($50,000.00), to resolve
<br />Employee's ,claim for lost wages and benefits less any amounts required
<br />to be, withheld for federal and North Carolina income and employment tax
<br />purposes as provided in the Internal Revenue Code and the North
<br />Carolina General Statutes, in a check made payable to Dorris D. Wright.
<br />This amount shall be reported ~n a Form W-2 issued to the Employee for
<br />the taxable year in which the payment is made; (b) the gross amount of
<br />Forty-Eight Thousand Dollars ($48,000.00) to resolve all non-wage
<br />related claims, including but not limited to past out-of-pocket medical
<br />expenses (other than insurance premiums) and all future medical
<br />expenses, costs associated with employment search, and costs associated
<br />with 401 (k) withdrawal. The County will iuue a Form 1099 to employee
<br />for the taxable year in which such amount is paid; (c) the gross amount
<br />of Thirty-Two Thousand Dollars ($32,000.00) for attorney's fees and
<br />costs, by check made payable to Ferguson, Stein, Chambers, et al. The
<br />gross amount paid to Ferguson, Stein, Chambers, et a1 shall be reported
<br />as attorney's fees on a Form 1099. These payments shall be made by the
<br />County within 20 days after: Employee' s execution of this Agreement,
<br />~mployee's filing of a Notice of Voluntary Dismissal with Prejudice in
<br />the Contested Case, and Employee' s execution of a Joint Motion for
<br />Appropriate Relief and Consent Judgment in the Judicial Review Action,
<br />in the fortìls attached hereto as Appendices A and B, respectively, and
<br />entry of the Consent Order. Employee acknowledges that these payments
<br />will constitute full satisfaction of all claims, compensatory damages,
<br />punitive damages, liquidated damages or attorneys' fees, costs and
<br />disbursements, known or unknown, asserted or unasserted, including but'
<br />not limited to claims for lost or unpaid wages, severance, retirement
<br />or other benefits, claims for damages to reputation, claims for
<br />physical, mental and personal injuries, and resulting emotional
<br />distress, pain and suffering, as well as all unasserted claims,
<br />including but not limited to legal or equitable relief, for all other
<br />statutory claims, all common law claims, contract claims (express,
<br />implied, oral or written), and costs of the Actions. Other than
<br />County's payment of Thirty-Two Thousand Dollars ($32,000.00) to
<br />Ferguson. Stein, Chambers, et al. Employee and County agree to pay
<br />their own attorney' s fees, costs and expenses incurred in connection
<br />with the Actions, and agree not to make any claim against each other
<br />for such costs or expenses. In addition, Employee and County each
<br />agree to pay one half of the mediator' s fees and expenses for the
<br />mediated settlement conference held on October 22 and November 24,
<br />2003.
<br />
<br />2.
<br />
<br />'No Consideration Absent Execution of this Agreement. Employee
<br />understands that County would not agree to make the payments described
<br />in Section 1 above unless Employee signed this Agreement and agreed to
<br />fulfill the promises contained herein.
<br />
<br />No Other Entitlement. Employee acknowledges that she is not entitled
<br />to any compensation, benefits or other payments except as set forth in
<br />this Agreement.
<br />
<br />3.
<br />
<br />4.
<br />
<br />Release of Claims. Employee knowingly and voluntarily releases and
<br />forever discharges and holds harmless the County, all of its agencies
<br />and departments, and all employee benefit plans sponsored or
<br />administered by any of them, and their current 'and former employees,
<br />officers, directors, attorneys and agents (collectively, "Releasees")
<br />from and against any and all claims, disputes, demands, liabilities,
<br />and actions or causes of action, of any kind or character whatsoever,
<br />whether at law or in equity, whether known or unknown, whether fixed or
<br />contingent (collectively, "Claims"), which Employee has or may claim to
<br />have as of the date of executron of this Agreement, and Employee
<br />covenants not to file a lawsuit or any other type of legal action
<br />asserting any such Claims. This General Release includes, but is not
<br />limited to Claims under:
<br />The National Labor Relations Act, as amended;
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