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493529v3 AMB MU210-111
<br />EXHIBIT A
<br />
<br />SETTLEMENT AGREEMENT
<br />AND RELEASE OF CLAIMS
<br />
<br /> This Settlement Agreement and Release of Claims is entered into by and between Michael
<br />Sommer, (“Sommer”) and the City of Mounds View (“the City”).
<br />
<br /> WHEREAS, Sommer filed a charge of age discrimination (Charge No. 444-2016-01024)
<br />against the City with the Equal Employment Opportunity Commission (EEOC), under the Age
<br />Discrimination in Employment Act of 1967, as amended; and
<br />
<br />WHEREAS, a companion charge of age discrimination (Charge No. 66697) was also filed with
<br />the Minnesota Department of Human rights (“MDHR”); and
<br />
<br />WHEREAS, the parties now seek to resolve all claims and rights arising out of or related to
<br />Sommer’s employment with the City including but not limited to all of Sommer’s claims of
<br />discrimination against the City for damages, attorneys’ fees and injunctive relief.
<br />
<br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements as set forth
<br />herein, the sufficiency of which is hereby acknowledged by both parties, Sommer and the City agree as
<br />follows:
<br />
<br />1. Settlement Amount/Dismissal. In full and complete settlement of all claims and causes
<br />of action by Sommer, including but not limited to any claims for unpaid damages, wages, benefits,
<br />overtime, attorneys’ fees and costs, the City agrees to pay Sommer a total gross amount of Four
<br />Thousand and 00/100ths Dollars ($4,000.00). This Settlement Amount will be paid to Sommer by the
<br />City within ten (10) days after the expiration of the last rescission period identified in Paragraph 4
<br />herein. Sommer agrees that upon payment of the Settlement Amount to him by the City, all charges of
<br />discrimination filed with either the EEOC or the MDHR shall be dismissed and that Sommer will
<br />execute any documents necessary to effectuate such dismissal.
<br />
<br />2. Taxes. Sommer understands and agrees that he shall be responsible for any tax
<br />obligation, state or federal, as a result of this settlement amount, and he agrees to hold the City
<br />harmless as to any of Sommer’s tax liabilities.
<br />
<br />3. Consideration. The parties acknowledge and agree that the terms described herein
<br />constitute sufficient consideration for this “Settlement Agreement and Release of Claims”.
<br />
<br /> 4. Release. In consideration of the above referenced Settlement Amount in paragraph 1,
<br />Sommer, for himself, his heirs, administrators, representatives, successors, and assigns, hereby releases
<br />and forever discharges the City, and its attorneys, agents, representatives, employees, former
<br />employees, insurers, and assigns of and from any and all, past and present claims, demands,
<br />obligations, actions, or causes of action at law or in equity, whether arising by statute, common law,
<br />contract, or otherwise, and for all claims for damages of whatever kind or nature, and for all claims for
<br />attorneys’ fees and costs and expenses, including but not limited to all claims of any kind arising out of
<br />or related to Sommer’s employment with the City, including but not limited to claims for harassment,
<br />discrimination, wrongful termination, defamation, intentional/ reckless/negligent infliction of
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