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COMPROMISE SETTLEMENT, RELEASE
<br /> AND INDEMNTI'1' AGREEMENT
<br /> A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is
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<br /> by and between Walter Ah Mow III (hereinafter referred to as "Plaintiffs and the Cotmty of Hawaii, Hawaii. Those collectively
<br /> referred to herein as "the County' shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past
<br /> and present, tlteir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them.
<br /> This Setflement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC,
<br /> filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total
<br /> compromise, settlement, and release of all the claims arising from the Litigation.
<br /> B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the
<br /> Hawaii Revised Sautes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly
<br /> compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such
<br /> compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shin briefing periods or other pre-shift
<br /> or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stautes as they relate [o the accmal
<br /> and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations
<br /> without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training
<br /> sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent
<br /> in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the
<br /> time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with
<br /> firearms; and (11) by not otherwise compen sating Plaintiff for hours worked on the County's behalf;
<br /> C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated
<br /> damages and attorneys fees on account of the alleged failure or refusal of the County u properly compensate Plaintiff for all time worked
<br /> for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred u
<br /> collectively as `TLtintiffs' Counsel's to prosecute the litigation; and,
<br /> D. WHEREAS, bona 5de disputes and controversies exist between the parties, both as u liability and the amount of damages, if
<br /> any, and by mason of such disputes and controversies the patties hereto desire u compromise and setfle all claims and causes of action of
<br /> any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on the part of the County to
<br /> fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the
<br /> Statutes;
<br /> E. NOW, THEREFORE, for and in considemton of the mutual promises and agreements herein contained, including the recitals
<br /> set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows:
<br /> F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment
<br /> payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the
<br /> rnma+*+~g four payments will be made annually on the successive anniversaries of the first payment
<br /> G. The County will pay the settlement amounts [o a trust account to be se[ up and managed by Plaintiffs' co-counsel firm of
<br /> Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs.
<br /> Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County.
<br /> H. Plaintiffs share of the gross settlement amount is $1,590.79. Of Plaintiffs total amount, $206.03 will be distributed to
<br /> Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fast installment on the gross settlement
<br /> amount Of Plaintiff s total amount, $206.03 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into [he
<br /> tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $206.03 will be distributed to Plaintiff
<br /> from the trust account within 30 days from the deposit into the trttst account of the third installment on the gross settlement amount Of
<br /> Plaintiff s total amount, $206.03 will be distributed to Plaintiff from the tmst account within 30 days from [he deposit into the trust
<br /> account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $206.03, will be distributed to
<br /> Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement
<br /> amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of
<br /> $535.89 and litigation costs of $24.76. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on apro-rata basis by Plaintiffs'
<br /> Counsel from each of the payments made to the Plaintiff. Apart from making [he payments in Paragraph F, above, the County shall have
<br /> no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made.
<br /> I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of
<br /> Plaintiff.
<br /> J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall
<br /> constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any
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