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HomeMy WebLinkAbout2016-27272016.2727 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (hereinafter "Agreement ") is made and entered into by and between Jason Beckett ( "Beckett ") and the City of Columbia Heights ( "City "). Beckett and the City may be referred to collectively as the "Parties" or individually as a "Party." WHEREAS, on or about December 4, 2015 Public Employees Retirement Association ( "PERA ") issued a determination that Beckett had a disability that would last at least one year thus entitling him to continued health insurance coverage under Minn. Stat. §299A.465; and WHEREAS, the City denied that Beckett had a disability and appealed PERA's determination by petitioning for review of the determination and requesting a contested case before the Office of Administrative Hearings (the "Appeal "); and WHEREAS, the Parties have determined that it is desirable and beneficial for them to settle, compromise and resolve their dispute regarding what, if any, disability benefits are owed to Beckett and in order to avoid the costs, inconvenience and uncertainty of litigation, attended mediation on April 8, 2016 and reached a settlement on the terns set forth below. NOW, THEREFORE, it is hereby stipulated and agreed by and between the parties as follows: 1. Recitals. The recitals and facts set forth above are incorporated into this Settlement Agreement as part of the terns hereof. 2. Payment. The City agrees to pay to Beckett the sum of $37,500 in settlement of any and all claims for past and future health insurance coverage and benefits in accordance with Minn. Stat. §299A.465. The City shall make payment upon the execution of this Agreement by all parties and shall make the check payable to Jason Beckett and Meuser Law Office, P.A. 3. Release: In consideration of the payment as set forth in paragraph 2, Beckett hereby releases and forever discharges the City, its employees, board members, agents, directors, officers, representatives, assigns and successors from all charges, complaints, claims, damages, actions and causes of action and demands of every kind and nature, known and unknown, liquidated or unliquidated, at law or inequity, which Beckett may have against the City arising out of or in connection with the Appeal and the City's obligations under Minn. Stat. §299A.465. 4. Dismissal of the .Appeal: Beckett agrees to notify the Office of Administrative Hearings and/or the Administrative Law Judge that this matter has been settled and the Appeal is dismissed. 5. Non- Admission: Nothing in this Settlement Agreement shall be construed to be an admission by any party. b. Entire Agreement: This Settlement Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements between the Parties. Any subsequent modification of this Settlement Agreement must be in writing and signed by all parties to this agreement to be effective. 7. Governing Law: This Settlement Agreement is governed by and is to be construed in accordance with the laws of the state of Minnesota. 8. Survival: If one or more of the provisions of this Settlement Agreement are stricken or declared invalid by any court, the remainder of this Settlement Agreement shall survive and remain enforceable. 9. Authority: Each of the persons signing on behalf of the respective Parties to this Settlement Agreement acknowledge that they have authority to execute this Settlement Agreement on behalf of their respective party or entity. 10. Costs and Attorneys' Fees: Each of the parties to this Settlement Agreement shall bear their own costs and attorneys' fees with respect to their disputes and this Settlement Agreement. 11, Counsel: The Parties acknowledge that they have consulted with legal counsel or have had the opportunity to consult with legal counsel of their choice regarding the terms and conditions of this Settlement Agreement. The Parties further acknowledge that they are entering into this Settlement Agreement of their own free will. 12. Fax and Counterparts: This Settlement Agreement may be executed simultaneously or in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same Settlement Agreement. Facsimile copies and photocopies of the executed signatory page(s) shall be deemed originals for the purposes of this Agreement. terms. WHEREFORE, the Parties by setting forth their signature below agree to the foregoing [The remainder of this page intentionally left blank] Dated: t1 `6 /G Dated: 6$4828 -vl Jas n Bec ett