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SETTLEMENT AGREEMENT AND GENERAL RELEASE
This SETTLEMENT AGREEMENT AND GENERAL RELEASE (hereinafter "Agreement") is made and entered into by and between Dr. Clifford B. Janey ("Dr. Janey"), and the District of Columbia ("District"). Dr. Janey and the District are collectively referred to herein as the "parties." WHEREAS, Dr. Janey and the District of Columbia Board of Education entered into a contract dated September 15, 2004 ("the Contract"), and WHEREAS, responsibility relating to the Contract was transferred to the office of the Mayor of the District ("Mayor") as a result of the passage of the Public Education Reform Amendment Act of 2007, and WHEREAS, the parties wish to resolve all disputes relating to the Contract, NOW THEREFORE, in consideration of the mutual promises herein, the parties agree as follows: Section 1. Non-Admission of Liability Neither this Agreement nor the District's offer to enter into this Agreement shall in any way be construed as an admission by the District that it acted wrongfully with respect to Dr. Janey or any other person, or that Dr, Janey has any rights whatsoever against the District. The District specifically disclaims any liability to or wrongful acts against Dr. Janey or any other person, on the part of itself, its employees, and its agents, and the parties agree that this Agreement is for the purpose of fully recognizing Dr. Janey's services to the District. Section 2. Consideration A. In full Consideration of and as a material inducement for Dr. Janey's signing this Agreement, the District shall remit to Boylan Brown Code Vigdor & Wilson LLP ("Boylan Brown"), as attorneys for Dr. Janey, the sum of Two Hundred Seventy Five Thousand Dollars ($275,000.00). This sum shall be payable within thirty (30) days of execution of this Agreement, by check or bank draft made jointly payable to Dr. Janey and Boylan Brown Code Vigdor & Wilson LLP. Dr. Janey shall be solely responsible for all taxes and attorney's fees in relation to the aforesaid payment and this Agreement. B. Dr. Janey has requested continuation of his family health insurance coverage pursuant to the Consolidated Omnibus Benefits Protection Act ("COBRA"), and the District has agreed to make such coverage available to him during the period allowed by law, with Dr. Janey paying the premiums. C. The District shall deposit into a 403(b) account for Dr. Janey's benefit: (a) the sum of $13,000 for the period of October 1, 2004 through September 30, 2005; and (b) the maximum amount allowed by law as of October 1st for the period of October 1, 2005 through September 30, 2006; and (c) the maximum amount allowed by law as of October 1st for the period of October 1, 2006 through June 30, 2007, which sum shall be deposited in an account on Dr. Janey's behalf no later than fourteen (14) days following execution of this Agreement or September 15, whichever is later. Dr. Janey shall forgive any claim for interest relating to deposits not made before execution of this Agreement. A. As a material inducement to the District to enter into this Agreement, effective upon the date that the last signature is affixed to this Agreement ("Effective Date"), Dr. Janey irrevocably and unconditionally releases, acquits, and forever discharges the District and its officers, elected Officials, employees, agents, attorneys, successors, heirs, executors, and assigns (hereinafter referred to as "Releasees"), of and from any and all charges, grievances, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, and expenses (including attorney's fees) of any nature whatsoever, known or unknown, suspected or unsuspected, including but not limited to any rights arising out of alleged violations or breaches of any contracts, express or implied, or any tort, or any legal restrictions on the District's right to assign employees to perform any job duties, as well as any federal, state, or other governmental statute, regulation, or ordinance, and which Dr. Janey now has, owns, holds, or claims to have, own or hold, or which Dr. Janey at any time heretofore had. owned, or held, or claimed to have had, owned or held, against the Releasees at any time up to and including the effective date of this Agreement. B. Effective upon the Effective Date, the District irrevocably and unconditionally releases, acquits, and forever discharges Dr. Janey of and from any and all charges, grievances, complaints. contracts, claims, liabilities, obligations, promises, agreements, controversies, damages, action-is, causes of action, suits, rights, demands, costs, losses, debts, and expenses of any nature whatsoever arising out of Dr. Janey's employment which the District now claims to have, own or hold, or at any time heretofore have or had, owned, or held, or claimed to have had, owned or held, against Dr. Janey at any time up to and including the effective date of this Agreement. C. Notwithstanding anything to the contrary in the foregoing paragraphs 3A and 3B, neither of the foregoing releases shall apply to any claim, obligation, or duty arising solely from performance or non-performance under this Agreement. In addition, the Parties reaffirm and incorporate by reference Paragraph 8 of Dr. Janey's Contract. Section 4. Full ant Careful Consideration Dr. Janey hereby acknowledges and agrees that the release given by Dr. Janey in this Agreement is given solely in exchange for the consideration set forth in Section 2 of this Agreement and such, consideration is in lieu of anything of value which Dr. Janey was entitled to receive pursuant to the Contract. Section 5. Confidentiality/References/Press Release Except as otherwise required by law, the parties hereby agree to keep the terms of this settlement confidential except that each may acknowledge that all disputes between them have been resolved to their mutual satisfaction. The District agrees that its officials will not disparage Dr. Janey and Dr. Janey agrees that he will not disparage the District or its officials. Section 6. No Other Representation Each party represents and acknowledges that in executing this Agreement he, or it does not rely, and has not relied, upon any representation or statement not set forth herein made by any of the other parties or by any of the other parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement, or otherwise. Section 7. Sole and Entire Agreement This Agreement sets forth the entire agreement between the parties and supersedes any and all prior agreements or understandings between the parties pertaining to the subject matter hereof: Section 8. Binding Effect, Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors, transferees, and permitted assigns. Section 9. Knowledgeable and Voluntary Decision By Dr. Janey Dr. Janey represents and warrants that he has read all the terms of this Agreement and that the Agreement has been reviewed by his attorneys. Dr. Janey understands the terms of this Agreement and understands that this Agreement releases the Releasees forever from any legal action arising from (1) Dr. Janey's removal from the position of Superintendent of Schools and (2) his non-appointment as Chancellor, and (3) the Contract. Dr. Janey, upon thorough review and advice from his competent counsel, is signing and delivering this Agreement of his own free will in exchange for the consideration to be given to him, which he acknowledges and agrees is adequate and satisfactory. Dr. Janey further acknowledges and states that he has received the full benefit of advice and counsel from his attorneys in this matter through and including the ratification of this Agreement. Section 10. Execution in Counterparts This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which together shall comprise a single agreement. Section 11. Fees on Default In the event of litigation arising out of or relating to a material breach of this Agreement and performance thereunder, the prevailing party shall be entitled to reasonable attorney's fees and costs. Dr. Clifford B. Janey On behalf of Dr. Janey: On behalf of the District and Mayor: Peter Nickles, Esq. Linda Singer, Esq., 8/30/07 |
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