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SETTLEMENT AGREEMENT 1. This Settlement Agreement is by and between the Plaintiffs in the case of Springer County ofHawai'i, Civil No. 02-00289 KSC (hereinafter "the Litigation"), filed in the T~~jfed States District Court for the District of Hawaii and the County of Hawaii, Hawaii. Th6'se ~ - col]ectivelyreferred to herein as "the County" shall include the County of Hawaii, Hawaii, its`. elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of then. For purposes of this Settlement Agreement, the parties have agreed that, as used in this Settlement_ Agreement, the teen "Plaintiffs," unless otherwise indicated, shall include all plaintiffs in the Litigation as well as those individuals who have not filed consents to join the action, but who were full-time police officer and firefighter employees employed with the County at any time between April 24, 2000 and June 30, 2002, who were not exempt from earning overtime compensation, and who do not opt out of the class action proceedings described in Paragraph 17 of this Agreement. 2. WHEREAS, Plaintiffs have claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiffs for overtime worked by reason of its failure to include in the calculation of Plaintiffs' regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiffs for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiffs to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiffs for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiffs for all time worked in work-related travel; (7) by not compensating Plaintiffs for the time spent in standby status; (8) by not compensating Plaintiffs for missed and/or interrupted meal periods, (9) by not compensating Plaintiffs for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiffs for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiffs for hours worked on the County's behalf; 3. 221 Plaintiffs have consented to join the Litigation. In the Litigation, Plaintiffs are seeking to recover unpaid overtime compensation, liquidated damages, litigation costs, and attorney's fees on account of the alleged failure or refusal of the County to properly compensate Plaintiffs as required by the Statutes. Plaintiffs are represented in the Litigation by Winer, Meheula & Devens, LLP, and Aitchison & Vick (referred to herein as Plaintiffs' Counsel); and, 4. Bona fide disputes and controversies exist between the parties, both as to liability and the amount thereof, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of any kind whatsoever which Plaintiffs have or may have in the future arising out of or related to any past failure or refusal on the part of the County to fully and properly compensate Plaintiffs for all overtime hours worked; NOW, THEREFORE, for and in consideration of the mutual promises and conditions contained in this Settlement Agreement, the parties agree as follows: 5. The County agrees to pay Plaintiffs the total aggregate sum of $1,800CA00~0,~~yable in the following manner: Ref Tc: r---~ Rif. Uate Pdote: Attachment entitled "Compromise Settlement Release ana Indemnity Agreement! is on mile in the Clerk's Office