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HomeMy WebLinkAbout6.4 Motion to approve a Settlement Agreement and Mutual Release with Janet Druffel.c" t �f Item %Cover Page ,r i Subject Motion to approve a Settlement Agreement and Mutual Release with Janet Druffel. Meeting October 6, 2020 - REGULAR MEETING OF THE MOUNT PROSPECT A SOA. Dollar Amount$95,000 CategoryD/ Type Consent Information. This settlement is reached between the Village and Janet Druffel,, surviving spouse receiving duty disability from the Fire Pension Fund. Due to an inadvertent action on • part,, Janet- ! spouse- • -!• -! as a taxable pension from the year 2006 to 2017; however, the pension was not a taxable income. The Village was allowed to correct reporting for the year 2016 and 2017. Janet Druffel had to pay income tax for the years 2006 to 2015,, which can not be recovered due to statute of limitations. The Village and Druffel agreed to settle the case for $95,000. Alternatives Approve the attached Settlement Agreement and Mutual Release. 1. Action at the discretion of the Village Board. Staff Recommendation Approve the Settlement Agreement and Mutual Release. ATTACH M E NTS: SETTLEMENT AGREEMENT AND MUTUAL RELEASE - SETTLEMENT AGREEMENT AND MUTUAL RELEASE. pdf 1 SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement") is made and entered into this day of , 2020 (the "Effective Date"), by and between the Village of Mount Prospect ("Village") and Janet Druffel ("Druffel") (collectively referred to as the "Parties"). RECITALS WHEREAS, the Village is a home -rule munici WHEREAS, Druffel's deceased husband wa disability pension; and WHEREAS, upon the death of Druffel's hubs pension; and WHEREAS, the Village inadvertently and m government that her pension was taxable income; and the Vil tion; and Tillage firefighter who had a eceived the pension as a tax-free ised Druffel and the federal WHEREAS, Druffel paid income tax on the pension income for a number of years until wa8 tax-free, and Tonal income tax to the federal government that cannot be reimbursed to her; and WHEREAS, the Village seeks to rectify Druffel's lost amounts erroneously paid as income tax to the federal government; and WHEREAS, the Parties seek to reach a resolution of all matters without the time and expense of formal litigation. 451446_1 3 NOW, THEREFORE, in order to avoid the expenses and uncertainties involved with litigation, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Recitals. The Recitals set forth above are incorporated herein by reference and made a part of this Agreement. 2. Payment. The Village agrees to pay Druffel the amount of Ninety -Five Thousand Dollars ($95,000.00) by check made payable to Janet Druffel. This amount includes reimbursement of the actual income tax Druffel paid for tax years 2006 through 2015 which cannot be reimbursed to her by the federal government plus 1.5% interest thereon. a. Tax Reporting. The Village agrees that it only the "interest portion" of any paymen 3. Tax Years 2016 and 201 the Internal Revenue Service ("IRS") for or fails to pay the income tax refunds request for income taxes -oad for these tax vears to Druffe the report to the zder. al government at Druffel files amended tax returns with 016 and 2017 that the IRS refuses to accept eon, then the Village will reimburse Druffel % interest thereon. 40,,,,,,, Mutual Releases/Covenant Not to Sue. In consideration for the payment described in paragraph 2 and the other promises contained herein, all of which constitute valuable consideration, the Parties hereby ' each release and discharge, unconditionally, absolutely, and forever, each other, and, as applicable, each other's respective shareholders, directors, officers, employees, representatives, trustees, elected and appointed officials, attorneys, administrators, successors, assigns, heirs, and personal representatives, of and from any and all claims, sums of money, matters, issues, rights, accounts, contracts, promises, demands, causes of action, suits and liabilities, whether known or unknown, suspected or unsuspected, fixed or contingent, and whether 451446_1 4 or not concealed or hidden, of every nature and description whatsoever, that are, have been, could have been or in the future might be, asserted by the Parties in any action, suit, or proceeding, or that the Parties, or any of them, severally or jointly with others, ever had, now have, or hereafter can show, may have, or claim to have against each other for, upon, or by reason of, any matter, cause or thing whatsoever from the beginning of time to the Effective Date, that arise out of the dispute described in the Recitals, above; (collectively, the "Released Claims"); provided, however, that nothing herein shall release or otherwise affect I any obligation of any Party under this Agreement. Each of the Parties, covenants and agrees: not to file a lawsuit, bring'a legal proceeding of any kind, or participate in any action directly or indirectly against any other Party, or against the affiliates, officers, directors, employees, , consultants, independent contractors, attorneys, representatives or other agents of any of the Parties, for any claim, action, cause of action, attorney's fees, allegations, demands, rights and liabilities released herein. Notwithstanding the foregoing, each Party retains its right to any claims and damages that may arise after, the Effective Tate: as a result of any breach of this Agreement. 5.,,,,,, Confidentiality. It s'understood and agreed by the Parties (and their attorneys or other representatives) that they will keep the terms of, and consideration for, this Agreement, including the Settlement. Amount', confidential and that they have not disclosed, will not disclose and will not cause to be disclosed said terms to any other person (other than their employees, parent companies, subsidiaries and affiliates), except as may be (a) required and necessary in connection with the preparation and filing of income tax returns, (b) ordered by a court of competent jurisdiction, or pursuant to any formal document request, subpoena, or search warrant, (c) required or requested by any regulatory agency, auditor or insurer, (d) required to comply with any applicable law, including 451446_1 5 but not limited to the Illinois Open Meetings Act and/or Illinois Freedom of Information Act, or (e) required to enforce rights under this Agreement. In the event of a breach of this provision, the Parties retain the right to pursue all remedies available to them at law or equity, including money damages, restitution and/or injunctive relief, as well as recovery of their attorneys' fees. 6. No Admissions of Fault or Liability. The Parties understand and agree that the payment of the Settlement Amount is not an admission on the part of any Party as to any fault or liability whatsoever, but that it is a compromise of a dispute between the Parties. No action taken by the Parties hereto, or any of them, previously or in connection with this Agreement shall be deemed or construed to be an admission or an acknowledgment by any Party ''of any fault or liability whatsoever to any other Party or to any third party. 7. Past Attorneys' Fees and Costs. Each Party shall bear her/its own costs and attorney's fees that she/it may have incurred in resolving this dispute between the Parties. 8. Entire Agreement., The Parties declare and represent that no promise, inducement or other agreement not expressly contained herein has been made conferring any benefit upon any Party with respect to the subject matter, of this Agreement. This Agreement contains the entire agreement between the. Parties pertaining to the resolution of their dispute and supersedes and replaces all prior and contemporaneous agreements and discussions among the Parties with respect to the subject matter hereof, whether express:: or implied., oral or written. The terms of this Agreement are contractual and not a mere recital. This Agrernent may not be contradicted or varied by evidence of prior or contemporaneous oral agreements or discussions among the Parties or their respective counsel. Any amendments or additions to this Agreement must be in writing and signed by all Parties. 9. Ambiguities. It is understood and agreed that the general rule that ambiguities are to be construed against the drafter shall not apply to this Agreement. 451446_1 6 10. Authority. Each Party represents and warrants that the undersigned has the power, authority and capacity to act on behalf of and to bind them and all who may claim through them to the terms and conditions of this Agreement. 11. Advice of Counsel. The Parties have read and understand fully the above and foregoing Agreement and have been fully advised as to the legal effect thereof by counsel of their own selection and intend to be legally bound by the same. 12. Governing Law. This Agreement shall be construed under and governed by the laws of the State of Illinois. 13. Severability. If any provision of,this Agreement or the application thereof to any person, place or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder cif this Agreement and such provision as applied to other persons, places, and circumstances shall remain in full farce and effect. 14. Binding,, Nature" . The release and other agreements contained herein shall be binding upon, and inure to the benefit of, the successors, assigns, heirs, employees, agents, officers, officials, directors, and attorneys of the Parties. 1 5. Voluntary 'Execution of Agreement. This Agreement is executed voluntarily, free of any fraud, mistake, duress, coercion or, undue influence. The Parties acknowledge that (1) they have read this Agreement; (2) they have been represented in the preparation, negotiation, and execution of this Agreement" by' legal counsel of their own choice; (3) they understand the terms and consequences of this Agreement and of the releases it contains; and (4) they are fully aware of the legal and binding effect of this Agreement. 451446_1 7 16. Convenience of Reference. The headings and numbers used in this Agreement are included for the purpose of convenience of reference only; they shall not be used to explain, limit, or extend the meaning of any part of the Agreement. 17. Counterparts. This Agreement may be executed in one or more counterparts. Each signed counterpart shall be deemed an original, and all together shall constitute one and the same instrument. Facsimiles or electronic copies of original signatures shall be deemed originals. IN WITNESS WHEREOF, Druffel and the Village have executed this Agreement by affixing signatures and the dates of execution where indicated below, .. The effective date of this Agreement, as noted on Page 1 above, shall b this Agreement. JANET DRUFFEL 451446_1 [te on which the last signatory signs and dates VILLAGE OF MOUNT PROSPECT en ated: ek, Village President