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HomeMy WebLinkAboutCOM 0046.000 2004-2006 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 $360,000.00 payable within 30 days of final approval of this Agreement by the Court, or such lesser amount as may be produced by Paragraph 17 of this agreement. This payment shall be referred to in this Agreement as the First Payment; $360,000.00, payable on the First anniversary of the First Payment; $360,000.00, payable on the second anniversary of the First Payment; and $360,000.00, payable on the third anniversary of the First Payment. $360,000.00, payable on the fourth anniversary of the First Payment. 6. The County shall pay the sums in Pazagraph 5, above, to Winer, Meheula & Devens, LLP, for deposit in trust on behalf of Plaintiffs. Plaintiffs' Counsel shall be responsible for the proposed allocation of the Settlement Amount among the plaintiffs depending upon the claims held by each plaintiff. This allocation plan shall be completed and a copy of the allocation plan delivered to the County on or before September 18, 2004. Plaintiffs shall bear all costs of the distribution of the settlement proceeds once those proceeds are paid. 7. On or before September 18, 2004, the parties shall submit this Agreement to United States District Court Magistrate Kevin S.C Chang for approval. This Agreement shall be contingent upon approval by Magistrate Chang of its terms. This agreement is also contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. 8. On or before September 18, 2004, counsel for the Plaintiffs shall prepaze individual Plaintiff Settlement Agreements and Releases (referred to herein as "Releases"), and shall submit the same to the County for approval. Once agreement is reached on the wording of the Releases, Plaintiffs' counsel shall distribute them for execution to the Plaintiffs who filed consents under the FLSA to join this litigation. 9. A Plaintiff s execution of a Release and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims under the Statutes, demands, or causes of action of any kind for back wages, unpaid straight-time compensation, unpaid overtime compensation, unpaid compensatory time off, liquidated damages, interest, costs, attorneys fees, injunctive or declazatory relief which the Plaintiff has or might have, known or unknown, now existing or that might arise until the date of the execution of the Release, directly or indirectly related to any past failure or refusal on the part of the County to comply with the Statutes as described in this Settlement Agreement. This release includes all such claims or causes of action for attorney fees or costs, now or in the future, whether asserted in this litigation or not. 10. The parties agree that at all times, the County has acted in good faith with respect to its wage and hour practices under State and Federal law. The parties further agree that at all times, the County had a 7(k) exemption under the FLSA. 11. The parties agree that the regular rate of pay for purposes of the FLSA shall be calculated by dividing "remuneration for employment" by "hours of work." For purposes of this calculation, "remuneration for employment" shall include that portion of wages, premium pay, specialty pay, standard of conduct differential, temporary assignment pay, and night shift 2 differential payable to the employee by virtue of their straight time hours worked. For purposes of this calculation, "hours worked" shall be the employee's regularly-scheduled straight time hours worked. 12. The parties agree that if a Plaintiff is entitled to overtime under the FLSA, and if the County has paid the employee overtime before the FLSA's overtime threshold is reached because of the Plaintiff's eligibility for overtime under a collective bargaining agreement or other obligation binding the County, the County shall be allowed an offset against its FLSA liability to the Plaintiff in the amount ofone-third of the overtime compensation it paid to the employee prior to the employee's reaching the FLSA overtime threshold. 13. The parties agree that, within thirty (30) days of the Court's approval of the settlement agreement, the County will contact the labor organizations representing Plaintiffs and will initiate discussions with the organizations to agree on a compensatory time off policy. One of the areas to be discussed with the organizations will be a minimum advance notice that will be deemed the "reasonable period" of notice an employee should give prior to using FLSA compensatory time off. 14. Plaintiffs' Counsel agrees that any and all information, documents, records and material obtained in this case, including but not limited to any and all information, documents, records and material obtained through the discovery process or protected by the work product and/or attorney client privileges, shall be kept strictly confidential and not released, duplicated or disclosed in any manner, to any other party, person or entity. This agreement applies to any and all employees of Plaintiff Counsels' law offices and any other independent witness retained by or asked to consult with Plaintiffs' Counsel. Plaintiffs' Counsel shall give the County's Corporation Counsel's Office immediate notice of any attempt, by any person, seeking access to any and all information, documents, records and material obtained in this case, including any judicial proceeding to compel the production of such documents. Plaintiffs' Counsel shall oppose any and all attempts to release any and all information, documents, records and material obtained in this case to any other person, including any Court of Law. Nothing in this paragraph shall prevent Plaintiffs' Counsel from representing a labor organization in grievance proceedings or collective bargaining negotiations involving the terms and conditions established by a collective bargaining agreement. 15. This Agreement shall be effective upon its approval by Magistrate Chang and the approval of the Hawaii County Council, whichever occurs later. The provisions of Sections 11 through 13 of this Agreement shall be effective on the first day of the second month following the effective date of the remainder of the Agreement. 16. Within ten (10) days of the effective date of this agreement, Plaintiffs' Counsel shall withdraw from the Litigation those Plaintiffs who have signed Releases, shall dismiss all claims from the Litigation held by those Plaintiffs, and shall dismiss from the Litigation all class action claims. If all Plaintiffs have not signed releases as of the effective date of this agreement, and if Plaintiffs' Counsel subsequently receive a signed release from a Plaintiff, Plaintiffs' Counsel shall promptly withdraw said Plaintiff from the Litigation and dismiss all claims held by the Plaintiff. 3 17. The parties agree that, in aid of winding up the Litigation in this matter, they will take the following steps: A. Plaintiffs and the County agree for the purposes of this settlement and its implementation that this Litigation will proceed as a class action under Federal Rule of Civil Procedure 23(b)(3) in addition to the FLSA collective action. The Rule 23 class is defined as all full-time police officer and firefighter employees employed by the County at any time between April 24, 2000 and June 30, 2002 who were not exempt from eaming overtime compensation and have not filed consents to join the FLSA action (hereina$er referred to as the "Class"). B. Plaintiffs' Counsel shall prepare a proposed notice to the Class members to be distributed to the Class. The notice shall inform the Class of their automatic inclusion in the settlement class, their respective right to opt out of the lawsuit, summarize the major terms of this Settlement Agreement, explain the procedures and deadlines for submitting written comments or objections, and state the date and time of the settlement hearing. The notice shall be as approved by the parties, or in the event of disagreement, as approved by the Court. Plaintiffs' counsel shall send direct notice by mail to identifiable Class members C. The parties cooperate in the providing of notice to potential Class members. The County agrees that, if approved by Magistrate Chang, it will attach a copy of the notice to the paychecks of potential Class members who remain employed by the County, and will mail notices to potential Class members who do not remain employed by the County. D. The parties agree that the undersigned Plaintiffs are appropriate representative plaintiffs in the Class action. E. As representatives of the Class, Gary Todd and Wayne De Motta agree as follows: (1) The allocation of $473,076.95 of the total settlement amount to Class members is fair, and provides Class members with fair compensation for their claims; (2) The payment to Class members of the settlement amount and this Agreement shall constitute a full and complete release, acquittal and discharge of the County from any and all claims under the Statutes, including the FLSA, demands, or causes of action of any kind for back wages, unpaid straight-time compensation, unpaid overtime compensation, unpaid compensatory time off, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which the Class members have or might have, known or unknown, now existing or that might arise until the date of the execution of the Release, directly or indirectly related to any past failure or refusal on the part of the County to comply with the Statutes as described in this Settlement Agreement. This release includes all such claims or causes of action for attorney fees or cost, now or in the future, whether asserted in this litigation or not. F. The provisions of this Agreement shall apply to all members of the Class. Class membership alone does not necessarily make monetary relief available. Class members are entitled to relief only as specifically stated in this Agreement. 4 G. Pursuant to Federal Rule of Civil Procedure 23, the Court will determine whether this Agreement as a whole is fair and reasonable and whether to approve or reject the entire Agreement. H. On or before October 1, 2004, Plaintiffs' Counsel shall notify the County of the portion of the $1.8 million settlement amount that would be attributable to regular rate damages for police officers and firefighters hired after July 1, 2002. Upon confirmation by the County, these amounts shall be deducted from the First Payment referred to in Paragraph 5. 18. Each Plaintiff receiving money pursuant to this Agreement shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of the Plaintiff. 19. It is expressly understood and agreed that this Agreement, and the consideration stated herein, represents a final and complete compromise of disputed claims. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. This Agreement contains the entire agreement between the parties. 20. Plaintiffs acknowledge that they have carefully read the foregoing provisions, know the contents thereof, and have had the opportunity to review this Agreement with their attorneys. Agreed this 18th day of September, 2004. COUNTY OF HAWAII: PLAIN F A . ~ ......7 T Lincoln S. TCCAshida Vladimir Deve sq. Corporation Counsel Katherine Garcon Attorney for Plaintiffs Deputy Corporation Counsel 7 " Ted H. S. Hong' Attorney at Law Attorneys for Defendant 5 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Neil Shiroma (hereinafter referred to as "Plaintiff") and the County of Hawai i, Hawai i. Those collectively referred to herein as "the Counry" shall include the Counry of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present. their transferees, assigns, successors in interest, and alt others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. Counry ojHawoi'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B- WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift penods of work, (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accrual mtdrbr utilization o[ compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or axuninations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the tune spent in standby status: (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover tmpaid overtime compensation, liquidated damaees and attomeys fees on account of the alleged failtue or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law futns of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or [elated to any past failure or refusal on the part of the Counry to fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remavting four payments will be made annually on [he successive anniversaries of [he first payment. G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula 3r. Devens, LLP, located in Honolulu, Hawaii, which will in fain disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Piaintif's share of the gross settlement amount is $1,591.24. Of Plairtiffs total amour.[, $06.03 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $206.08 will be distributed to Plaintiff from the tnlst account within 30 days from the deposit into the trust account of the second installment on the ,toss settlement amount. Of Plaintiffs total amount, $206.08will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $206.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $206.08, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $53h OS and litgation costa of $2d.?7 Plaintiffe Attorney's Fces and Litigation Costs will be deducted on ;t prn-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaimiff. Apart from making the payments m Paragraph F, above, the Counry shall have no obligation to Plaznti[f to ensure thin die Plain[itl's individual distribution is made. C Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight [vne compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might stave, ]mown or unlmown, now existing, that eidter were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Stam[es. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pttrsttan[ [o [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract. assigmuent, or otherwise. L. This agreement is contingent upon 95"/" of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideratica given shall be construed a, an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages That aze presently ttnknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums ro be paid in consideration of the Settlement Agreement aze intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failttre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the Cotmty deities any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or tmdetstandings between the parties on all subjects in any way related to the transaction or occttrrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or futttre, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime competsation to Plaintiff for all overtime hours worked. The undersigned Plaintiff watrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ,zti ''.~tilJ'I2~ ~ l ~ l ~-0~ SIGNA OF LAINTIFF DATL- SOCIAL SECURITY NUMBER: PLAINT 'S MAILING ADDRESS: APP O G D: A ORNEY INTIFF - COMPROMISE SETTLEMENT, RELEASE AND INDEMNIT']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Mervyn Abe (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from [he Litigation. B. WHEREAS, PlaintifFhas 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 Samtes•'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiffs regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 [he accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WI-IEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to property compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $2,400.54. Of Plaintiff s total amount, $310.90 will be distributed to Plaintiff mom the tntst account within 30 days from the deposit into [he tmst account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $310.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $310.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiffs total amount, $310.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $310.90, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [mst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $R08.6R and litigntion costs of 537.32 Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart fiom making the payments in Paragraph F, above, dre County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtire exemption under the FLSA. K. By agreeing to [he terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to CNDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or ¢t equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. Phis agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the setllement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Coun. In the event that the Cotut does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. _ , O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended [o and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnhed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or trnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any/kind or character not expressly set forth herein. ~ / ~ 23 ~t 200 SI NATTIRE OF P AIN'T'IFF DA SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: APPROVE D RE ~ j~ ATTORNEY FOR PLA IFF TTORNEY FOR OU1 ~ 1004 SAP CONtp1tOM1SE SETTLEMENT, StHLTtASH AND INDEIIIIYCIY wGREEAfF1V'T A. Thu Compromise Setdammt, Release, and todemoiry Agreement (haeinaBQ referrrd a ere the "Settlemerd AgreernatC7 v by nerd betwan C4renee Acob (hcrtuatkr rtftxred a u "Plsintiff~ and the County Of liawai'i, Hawaii. Tbose wgectively rtfetted a harm as "dte Cuuary" Shall include the Cowrty of Hawaii, Ilawai5, iu eleetad officials, employees, agents, and savmts, peat and prrstat, their uareterees, assigns. successors in interot, end all others who et my limo have been in privity with than « my of them. This Settkmwt A,gteenient arises from a sealaaeat reached k the 4wsuu of Sprlgger v. Cownry ojXatvaiti, CivdNo. 02-00289 KSC, 61ed in the Uttited Surd I)ietrict Court f« Ou District of Hawaii (tefixred a tterrtn u the'T.itlgatlm'~, and repres<aa the w W t»mprtmise, setOeme+u, and rekaae of aR the claims arising from the Ltigation. H. WHF.RSAS, Plaintiff haS claimed that tha County 6u violased tla Fair Labor Stattdarda Act (ELBA) aid Chapter 80 of the Hawaii Revised Statttxes (collectively referred a as "the Stamtd'~ in one err mote of the toibwing mennets; (1) by failing a ProPerlY atmpeasaa Plaintiff far overtime arorixed by reason of ib failure a include in the calalation of Plaimiff's regular nx of pay all such campa<sedon u v tequirad by Stattmes; (2) by not compeawdttg Plaintiff f« pe-shift aadt«you-shin hria8og paiodt «onc~r peahift «port-aAiR periods of work; (3) by not a«nplyittg with Ore comprxut«y time off provisions of the Sntutd u Choy rotate a the aatxual and/« utilization of compensarory time off; (4) by requiting Plain6li`a partiegrett in mmdaary medical evaluations «eaatninstiom wiOtoae the payment of cornpeoestion; by n« wmpenwting Plaintiff fur all hairs worked ere m iaetrucar «sndmt u training sosSiom; (6) by not ceimpmsatiog Plaintiff for all timx warted a w«!c-rs4ted trave4 by not eampeasating Plaintiff f« the time apeat in saudlry snots; (8) by trot wmpmsatiog Plaintiff f« missed and/« inaesrttpted max! periods; (9) by n« wmparatiog Plaintiff far the time spent okaniog and maintaining Cotmtyistnted vtthiolea~ (10) by not ampmaating Plainti$' far the time apmt qualifying wilt rne.rm:: and p q by not otheravYe eompaqudng PlaintiRt« bans wtxked oa the camtya brh.lf: G WHER>;AS, P'hu consented m Join the Litigadaa seeking a tewtrer ttopaW overtlmo wtrtpmeation, tigttictsood damages and atarroya tea m account oftha aWgad fit'hue «reAtssl of the Ctatnty a ptoptalq Plaintifftbr all time wotimtl f« «on behalt'of the Cotmsy, and hu roamed the 4w fums of Winer. Mehenta & Ikveoa, LLP and Altohison & virk (referred a oolkotively n'4lamtiffi• Aoturel'~ m ptasecoss Ots Btigtdioo; and, D. Wf1tItEA•S, bona tide ditporos and ooeuovesdea ettiulrotween the patties, birth n m liabitiry cad the amariat of dmugeg if any,,td by twos of aueh dlapuoea and wmoverdid the partid herero aestre a compr«aise and stark au claims and cauad of action of anY triad which PlaittdClw «tnay have in the fimtre adsin8 aw of or telexed a a~ peat fer7urt «mfune! an the part of the CotrntY a and txmpktdy cotttpeneete Plaintiff tar all overtime Iroum wotlted and b comPlY with the oompe[tauary time o@'proviaion of We Statutd; E NOW, I'HFIZREFORE. f« and m wttsidetatiou of the mutual promises and agttxmmu herein watslned, ixhtding the recitals set Attth htaeinabove, atul the tranenry cooeitkruian a be exehsttged• the psttitu agree u follower: F.'Ibe totes aggregexe s atnwnt for all Plsintit!'i in this matter V S 126923.05, psysbk in Gve aepcate ioatallooeat paymeau of 5265}84.61.'Ibe feat payment will be payrbk within 30 days of 5oal approval of this Agreement by the CoutC the rerm®rtg fate paymenn wtiII be made attnualty on the sut>cereltro attmveraaria of the tiro payment. G. The County wilt pay the stxdemeat amounts a a true account a be xt nP and tnmagad by Plaintiffs' co-cowtset fum of Witter, MehaWa & Devem, LI,P, treated is HonohOu, liawai i, which will in rum tiisbttrse the approprla[e payments a the P4intiffa. Attorney's tbd and Angatlon wsta will hr satisOeA by Plairmffa out of the amoun[c received from the Cotttdy. FL Plaintiffs 91tere of the gross eertlement amount is 52,904.30.Of Plsiatlffe total amamt, 5376.14 will be disoulamd a Plaintiff firm the trust accotmt widtin 30 days from the depodt ism the trust accotmt of the first installment oa the gross settlement amotmt t)f Phiiotiff s total amount, 5376.14 will be distobuted m Plaintiff from the trust account within 30 days tiara the deposit into the truer[ awouot ofthe second ioetellmmt on Ote groin utdtmtmt amount. Of Ptaimff a ttsxel amount, 5376.14 wiU be dismbuaed a Pltittriff from the trust acwum wlthln 30 days Sam the deposit inm the trust account of the third iru[alhumt on the grow aaUcmeat atttotutt. Of Ph[iatiEf's feral amauut, 5376.14 wrlt bo ttisaibtutd a Pbtintifffrom the bust aeeotwr within 30 days tiom the dt~osit itntc the otter account of the fatvtls instalhaost an the gcosa settlement amount. T'he balance of the and due a Plaintiff: 5376.14, will be disonbuxed a Pkintifffrom the oust account within 30 days from the depash into the trust account of the fiRh inemlment en the gross settlemem amount. Under the tams of Plaintiffs aWorttey's fee agteaoertt with PlaaciHs' Counsel, Plaintiff is ohligsted a pay Msotney'a fed of 5978.38 and litigation wen of 545.21. PlaintifFs Atatney's Fen end Litigation Coen will be deducted on s.pro•rau basis by Plaintiffs' Counsel from each of the paymatts made a the Plaintiff. Apart from malong the payments in Peragtaph F, above, the Cotmry shall haver no obligation to Pkintiff a eaw[e duo the PlaintiH'a individual distribution is made. i. Plaintiff shall be solety responsible for the paymertt of my incase «other nxw on the anwuota pod b «on 6ehdf of Plaintiff. 7. Plaintiff a atetvtian of this Settlanmt Agswment and atxepnnoe ottee mooatuy rootpataation deaetibed herein stall eonstiNb a Aril sod oompless ealeasa. aoquitral and diatLnye of the County from my and W claims, demands, «cwsd of action of my i0 39t7d ~taI 32R/J N 3AOl 0056bE6000 ee gee b00L/£I/BS kind whatsoever for beck wages, unpaid straight time cotrspertsetion, unpaid overtime compensetim, any failtuc ro comply with compensatory time off provisiotu, liquidated damages, interest, costs, attorneys Lees, mjunetrvc or dcclaralory relief which Pleiuuff has or might hive, known or ttdmown, now existing, that either were or could 6avc boon filed under the Pair Labor Standards Act md+'or (;t~spttr SO of the Haa•ai i Revised Statutes. This release incltdes all such clatms or causes of a.om for attorney's foes or costs, now or in .r`Irr [h...._.:-,"-'. tr r ' +..-i ~ ri, ,,^i2mtt R~ r.,~;rrc ,hn• the <'a~s~ Fee ec~abhred e.~r SecLnn .^07(ki partial o~~erime iC. ay atreewg iu d;e :[:II:i c'I ;}[:c , e;.i en[rrd AFi[CIIICnf .1!!4 u~.cep!l<,;; (}u' pvv;pcn: Di mnf11CS rA1:Slldri: eL 5~ wm+c,[ Agtetsumt, Ylnmti8 agrees to anJ does hereby SA'?F: and 7-Ii!LD FL1RhfiESS t::u puwru wJ awtics re~ercd trdc~~ anti nerves w 1NDEMMFY and DEFEND such person and tnh4es from any end ell cleime, demands, or causes of action which art released by this Swlement Agreement but which may in the Culuro be asserted by Plaintiff, or by ano[lter indivrdval or rarity on Plein4tts behel(, based open any theory of rteove;ry, wheLhxr at law or is egwry, and whether made by way of subrogation, cw.trxt, assigutnent or otkscrwrsc L. 11vs agreement u cenun~ent upon 93 ; o of the PlamutTs m the Litigation consmmg m the senlemcnt and txeaurug appropriate settlanrnl relcescs. M. This agreement is cmnngcot open final approval of this ngreoment by the Cow•t Ln the avant that the Court does not approve this agreement, the terms and conditiows of tbis agrcemertt shall ool be refarttd ro by tither parry in the Earths Ittigaam of dos math N It la expressly trnderstnnd and agreed That the oertns of this Agreement ate contractual and out Inertly recitals and that the agreements contained herein and the cotvsideretion transferred aze to compromise doubtful and disputed claims, avoid litigation, end obtsin a peaceful resobstion. and that no payments made nor r 4aotc or outer ceaetderatfon given shatl be contr4nal a an admisaivo of liability, all liability beutg expressly denied. O. PLrin4fl'underamnda and agrees that Plaintiff may have etrffued damages that ere preewdY tm?mown or that may be diawvered in the futtrro. Nevertheless, Plaintiff ardmowkdges that the sums to be paid le consideration of the Sealanetx Agreernem are iatnrsded to and shell reieaet and discharge any and all FLSA, Chsptu 80, or other claims, deaunda, or cauxs of action of my kind whatsoever arising otu of or related m any pest fhilure or refusal on We pan of the Couary b properly calctrbte and pay overtime campmsation to Plaintiff foe all overtime hours worked u described in this Agreement. It if fiuther understood and agreed tlut the County denies say sad all liability and that this Settlement Agteement, is not an admission of liability, but an agre®~mt to avoid future wetly litigation. P.'IStis Senlemem Agreement wntaitu the entire agrecmen[ lxtween the patties. It supersedes any and all poor agreeasenrs, arraogemests, or ttodentaadings bctwtra the parties oa all subjects in any way related to the trawaetlon err occurrence destribex! in thin Sexsletrsent Agreement. No sal undetsundings, samments, promises, or inducements contrary ro or consistent with the terms of this Settlement Agrament exist This Settlement Agreeatast is not subjetil to any modification, waiver, or addition Any changes in this agreement may only be by meets of a writlng signed by sU parties. Q, The undersigned Plaintiff warranu that Plaintiff has road this Settlement AgretmreN. and fully utrdastands it m be n congsromise sad serttlament and release of all claiasc, kmsw or unlmowq Present or fuure, flat Plaintiff has or nay have against the person sad tmtities released, arising out of or relating to any past faikue ex redirael m the pan of the County to properly calculate and pay overtime wmpemation w Plaintil': Eor all overtime bolus worked. Tho utsdersigrud Plaintiff warrants that Plaintiff is of legal age and legally compt[en[ to execute this agreement and that Plaintiff does so of Plaintiff s own fret will sad accord without re{iance on any repreaen ,npn of any r er t•vtp asly set forth herein /J /O • it3 ?0O SI ATURE OF PIAINI'ffF DATE SOCIAL SECTJIttiY NI1hII3ER. PLAINTIFF'S MAILING ADDRESS APP O A .F.D: , f i ATTORNEY F P IFF ATT~COIINiY ,~~Q~ ~C~' vn 90Y,J -,air -»a-r'~ rd 7nr11 PP4FCf E,AOA EE ~RP C47Pi./Fl/0? COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Charles Adams (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, [heir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojliawai'i, Civil No. 02-00289 KSC, filed in the United States District Cotui for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following mamers: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or in[etmpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failtue or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtue arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a tmst account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $2,570.62. Of Plaintiff s total amount, $332.93 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the first installment on [he gross settlement amount Of Plaintiffs total amount, $332.93 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $332.93 will be distributed to Plain[iti from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $332.93 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $332.93, will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $R65.9R and litigation costs of $40.02. Plainti ft's Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the PlamtitJ. Apart from making the payments in Paragraph 1=, above, the County shall have no obligation to Plamtith [o ensure [hat the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of [his Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refened to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the [emus of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resoiu[ioq and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stuns to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as descnTxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the ttausaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary m or consistent with the temrs of this Settlement Agreement exist. This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff wanants [ha[ Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of~ny d or character no[ expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER- PLAIN"I"IFF'S MAILING ADDRESS: APP OVE A ED: ATTORNEY F LAINTIFF A ORNEY R CO oc~ 1 s 1ooy COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'1' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Walter Ah Mow III (hereinafter referred to as "Plaintiffs and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past 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. This Setflement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Sautes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shin briefing periods or other pre-shift 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 and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compen sating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County u properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred u collectively as `TLtintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona 5de disputes and controversies exist between the parties, both as u liability and the amount of damages, if any, and by mason of such disputes and controversies the patties hereto desire u compromise and setfle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemton of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rnma+*+~g four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts [o a trust account to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,590.79. Of Plaintiffs total amount, $206.03 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fast installment on the gross settlement 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 tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $206.03 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trttst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $206.03 will be distributed to Plaintiff from the tmst account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $206.03, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $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' Counsel from each of the payments made to the Plaintiff. Apart from making [he payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, ]mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costa, now or in the fultrre, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreemmt and accepting the paymmt of monies pursuant to this Settlemmt Agreemm; Plaintiff'agrees to and does hereby SAVE and HOLD HARMLESS the persons and mtties released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, conttac; assignment or otherwise. L. This agreemmt is contingmt upon 95% of the Plaintiffs in the Litigation consenting to the settlemmt and executing appropriate settlemmt releases. M. This agreemmt is contingent upon fmal approval of this agreement by the Court. >n the evmt that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreemmt are contractual and not merely recitals and that the agreemmts contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no paymmu made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presmtly unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlemmt Agreemmt are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compmsation to Plaintiff for all overtime hours worked as described in this Agreemmt. It if further understood and agreed that the County dmies any and all liability and that this Settlemmt Agreemm; is not an admission of liability, but an agreemmt to avoid future costly litigation. P. This Settlemmt Agreemmt contains the mtire agreemmt betwem the parties. It supersedes any and all prior agreemmts, arrangemmts, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Senlemmt Agreemmt. No oral understandings, statemmts, promises, or inducemmts contrary to or consistmt with the terms of this Settlement Agreemmt exist. This Settlemmt Agrecmmt is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlemmt Agreemmt and fully understands it to be a compromise and settlemmt and release of all claims, known or unlmown, presmt or future, that Plaintiff has or may have against the person and mtities released, arising out of or relating to any past failure or refusal on the paR of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreemmt and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. - 2~'~v SIGNATURE OF F' DATF, SOCIAL SECURI'T'Y NUMBER: PLAINTIFF'S MAILING ADDRESS: AP RO D G D: ATTORNEY FOR PLAIIJI'IFF RNEY FOR , ` OCR 0 i 1pp4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereitafter refeaed to as the "Settlement Agreement's is by and between David Nalu Akaka (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the 1,lwsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the clauns arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory tune off provisions of the Samtes as they relate to the accttral and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintifffor the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by mason of such disputes and controversies the parties hereto desue [o compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on rite part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of [his Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $2,107.70. Of Plaintiffs total amount, $272.97 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fvst installment on the gross settlement amount Of Plaintiff s total amount, $272.97 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $272.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $272.97 wtll be distributed [o Plaintiff from the trust account within 30 days from the deposit into the bust account of [he fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $272.97, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on [he gross settlement amount Under the terms- of Plaintiff's attomeys tee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $710.03 and litigation costs of $32.81. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart ik~m making dre payments in Paragraph F, above, the County shall have no obligation to 1'lainnff to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time wmpensatioq unpaid overtime compensatioq any failure to wmply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been Sled under the Fair Labor Standards Act andlor Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogatioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the teens and conditions of this agreement shall not be referred to by either party in [he further litigation of this matter. N. It is expressly understood and agreed that the tenns of this.Agreement are contractual and not merely recitals and that rite agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in tbe future. Nevertheless, Plaintiff acknowledges that the sums m be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime wmpensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between Ure patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occturence descnbed in this Settlement Agreement No oral understandirgs, statements, promises, or inducements contrary to or consistent with the [emus of this Settlement Agreement exist This Senlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or ualmowq present or future, that PLtintiff has or may have agaittst the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any ep`~ resentatiOn~ y kin or charncter not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING//ADDRESS: - APPR VE G QED: ATTORNEY FOR P ORNEY FOR C ! a Oft 1 1 ~ COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement Agreement") is by and between Hayden Akamu (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, thou transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that die County has violated the Fair Labor Standards Act (ELBA) and Chapter 30 of the Hawaii Revised Stautes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is requued by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shifr 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 Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between dre parties, both as to liability and the amount of damages, 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 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 fully and completely competsate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $4,955.26. Of Plaintiff s total amount, $641.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $641.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $641.76 will be distributed to Plaintiff from the tmst account within 30 days fiom the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $641.76 will be distributed [o Plaintiff from the bust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $641.76, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S 1.669.30 and linganon costs of $77.14. Plaintiff a Attorney's Fces and Lriig;mion Costs will he deducted on a pro-rata oasts by Plaimiffs' Counsel from each of the paymur~s made to the I'IamufT. Apart from mtilcmg the payments in Paragraph I~, abo~-e. the County shall have no obligation to Plaintiff to ensure that dre PlainttfPs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in [his litigation or not. Plaintiff agrees that [he County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the tumre be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refereed to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and [ha[ no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that ttre sums to be paid in consideration of the Settlement Agreement are intended to and strap release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind wtratscever arising out of or related to any past failure or refusal on the par[ of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that ttus Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. "This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, aaangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own &ee will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~ o ~ - 2 ~ - D S[GNA OF PLAINITFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APPR ED AG EE ~ ATTORNEY FOR PL IFF TTORNEY FO C ~ r~ c', - COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Alexander Almeida (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, tlteu transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in,the lawsuit of Springer v. County of Hawai9, Civil No. 02-00289 ICSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 offprovisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fmarms; and (11) by not otherwise compensating Plaintiff for hours worked on dte County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula 8r Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failure or refitsal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the m*A+++ing four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - - H. Plaintiff', shaze of the gross settlement amount is $2,194.16. Of Plaintiffs total amount, $284.17 will be distributed to Plaintiff from the tust account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $284.17 will be distributed to Plaintiff from the tnst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $284.17 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $284.17 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $284.17, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $739.15 and litigation costs of $34.16. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any king whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or vests, now or in the future, whether asserted in this ?itigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, [he terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of habiliry, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages iltat are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement.. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described ut this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of al! claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff' waaants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. G~~C~D~G~C-~~ 9 zq b`~ SIGNA OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT"TEE'S MAILING ADDRESS: APPR VE ATTORNEY FOR P O Y F C 0~1 0 4 1~p4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Peter Alu (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors th interest, and all others who at any time have been in privity with them or any of [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Lineation. B. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is requved by Stamtes; (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefing periods or other pre-shift or post-shift periods oFwork; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate to [he accrual and/or utilization of compensatory time off; (4) by reyuiring Plaintiff [o participate th mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hotus worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status: (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent qualifying with fvearrrts; and (1 by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law foots of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `T'laintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and m considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fvst payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $1,812.23. Of Plaintiff s total amount, $234.71 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $234.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $234.71 will be distributed to Plaintiff fiom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $234.71 will be distributed to Plaintiff from the trust account within 30 days fiom the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $234.71, will be distributed to Plaintiff from the Host account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $61039 and Litigation costs of 52B? I-Plaintiffs Attorney's Fees and Lineation Costs will be deducted nn a pro-rata basis by Plaintiffs' Counsel fiom each of the payments made to dte Plaintiff. Apart from makme dte payments in Paragraph F. above, dte ~ ounty shall have no obligation to Plam[if7 to ensure that the Plaintiffs individual distnbunon is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any faitree to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declazatory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been filed tinder the Fair Labor Standards Act a~lor Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, connact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the event that the Court does not approve this agreement, the tetras and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed clavns, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlemem Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the Cotmty denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, atrttrrgements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descrbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agrxment may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or u»lmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. a - b~~ f~).--=~ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIJTIFF'S MAII,ING ADDRESS: APP OVED ED: ATTORNEY FO ATNTIFF ATTORNEY F O ~ OC,` OJ COMPROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Lance Ambrose (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in [he Lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtone 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 Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shifr or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as [hey relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hoots worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and~or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on [Ire County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimvs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all clauns and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. PlaintifFs shaze of the gross settlement amount is $4.273.94. Of Plaintiff s total amount, $553.53 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $553.53 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintits total amount, $553.53 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff's total amount, $553.53 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $553.53, will be distributed to Plaintiff tram the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintits attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 51,439.78 and litigation costs of $6653. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Irom each ~~f the payment, made to the Plainttff. Apan from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. I. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any 'kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with wmpensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or rttight have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act andlor Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in Otis litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the tetras of this Settement Agreement and accepting the payment of monies pursuant to Oils Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, of by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. II is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or oOter consideration given shall be construed as an admission of liability, all liability being expressly denied. , O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that maybe diswvered in the future. Nevertheless, Plaintiff acknowledges Otat Ore sums to be paid in consideration of Ore Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLriatiff for all overtime hours worked as described in this Agreement It if further understood and agreed tbat the County denies any and all liability and that this SetOement Agreement, is not an admission of liability, but an agreement to avoid future costly Gtigafioa P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to Ore transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This SetOement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this SeWement Agreement and fully understands it to be a compromise and senlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against Ote person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLilntiff for all overtime hours worked. The undersigned PLtintiff warrants Otat Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of a y kind or character not expressly set forth herein. $IGNA O DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: , APP VE RE ATTORNEY FOR PLAIN"CIFF TTORNEY F OCj o ~ 14py COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Gregory Angeleo (hereinafter referred to as °Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached m the lylwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such competsation as is required by Stamtes; (2) by not compensating Plaintiff 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 [hey relate ro [he acctual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for ail time worked in work-related travel; (7) by nor compensating Flaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (7 l) by not otherwise compensating Plaintiff for hoots worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join [he Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Statutes; E. NOW,'FHIItEFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $2,302.02. Of Plaintiffs total amount, $298.14 will be distributed to Plaintiff from the nest account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $298.14 will be distributed to Plaintiff Gom the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $298. l4 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $298.14 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on [he gross settlement amount. The balance of the total due to Plaintiff, $298.14, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the filth installment on the gross settlement amount. Under the terms of Plaintitfs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $775.49 and litigation costs of$35.84. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Crum each of the payments made to the Plaintiff. Apart Gom making the payments in Paragraph P_ above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refened to by either party ut the furdter litigation of this matter. N. II is expressly understood and agreed that [he terms of ilris Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if funher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descn'bed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all pazties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and seWement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failrue or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wanants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of~an~y kind jo^r character not expressly set forth herein. C1f''^,'I Q-~- ~ e'er,. 2t~[~y SIGNATURE O~/PLAIN'f1FF DATE SOCIAL SECURITY NUMBER: - PLAINT'IFF'S MAILING ADDRESS: APP VE E ATTORNEY FOR PLAINTffF ATTORNEY F C~Z ~ ~ 140h COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refernd to as the "Settlement Agreement") is by and between Aaron Arbles (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Counry" 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of al] the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one of more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Starutes; (2) by not compensating Plaintiff 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 offprovisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiting Plaintiff to participate m mandatory medical evaluations or examinations without the paytnent of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. W HEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failtree or refusal on the part of the County m fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Starutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for ali Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-coutrsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ruin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. - H. Plaintiff s shaze of the gross settlement amount is $3,291.40. Of Plaintift's total amount, $426.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $426.27 will be distributed to Plaintiff from the trttst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $426.27 will be distributed to Plaintiff from the tmst account within 30 days from [he deposit into the tntst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $426.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $426.27, will be distributed to Plaintiff from the trust account within 30 days Crom the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of .$1,108.79 and litigation costs of $5124- Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymcnis made to the Plaintiff. Apart from making the payments in Paragraph P, abuvc, the County shall have no obligaUOn to Plaintiff [o ensure that the Plaintiffs individual distribution is made. i. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. )n the event Iha[ the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that [he terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The tmdersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any represen lion of any d or~ot expressly se[ forth herein. g 30 6¢ SIGNATURE O PAIN'T'IFF DA E SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: ~ ATTORNEY FOR AINTIFF ~ OR COCR~~ Y - OCR 0 "7 1~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Jason Arbles (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referzed to as "the Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at trairting sessiors; (6) by rot compensating Plaintiff for all tune worked inwork-related travel; (7) by nut compensating Plaintiff for the time spent m standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cormsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all clauns and causes of action of 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $4,622.47. Of Plaintiff s total amount, $598.66 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the firs[ installment on the gross settlement amount Of Plaintiffs total amount, $598.66 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the [mst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $598.66 will be distributed to Plaintiff from the trust account within 30 days From the deposit into [he trust account of the thud installment on the gross settlement amount Of Plaintiff s total amount, $598.66 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $598.66, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth instalhnent on the gross settlement amount. Under the temts of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S L557.19 and litigation costs of $71.96. Plamtit~f , Attorney's Pees ;rnd Litiganon Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the I'lauml7~. Apan ~~om making the payments m P;n-agraph 1=, above, the County .vhall have no obligation to Plaintiff to ensure that the PlaintitTs individual drstribution is made. I. Plaintiff shall he solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of actioryrVQ'~#ny c~ l CJ~~ kind whatsoever for back wages, unpaid strnight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or tuilarowq now existing, that either were or could have been filed under the Farr Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or emiry on Plaintiffs behalf. based upon any theory of recovery, whether at !aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by [he Court. In [he event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contrachual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litiga[ioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be conswed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently rudmown or [hat may be discovered in the fumre. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County m properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future cosily litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related m the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in [his agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully rmderstands it [o be a compromise and settlement and release of all claims, lmown or trnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. S ATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIF"F'S MAILING ADDRESS: APP VE G ED: -,L/J- - ATTORNEY F AINTIFF / A'ITp~,y F C ~ C N r, COMPROMISE SETTLEMENT, RELEASE 't AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement'? is by and between Sundie Aribal (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises fiom a settlement reached in the I;twsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "[he Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with [he compensatory time off provisions of the Statutes as they relate to the accma] and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued veMcles; (10) by not compensating Plaintiff for dre time spent qualifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refirsal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of dte mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will m rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $8,540.09. Of Plaintiff s total amount, $1,106.04 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of [he fast installment on [he gross settlement amount Of Plaintiffs total amount, $1,106.04 will be distributed to Plaintiff from the lmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,106.04 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiff s total amount, $1,106.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,106.04, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $2.876.9} and litigation costs of $132 94. PlaintitPs Attomev's Fces and litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Itom each of the payments made to the Plainti t7.:lpart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the I'laintitf's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any fai]ure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Ac[ and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this htigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but wtuch may in the future be asserted by Plaimiff, or by another individual or entity on P(aimifTs behalf based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractt[al and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O:~laintiff understands and agrees that Plaintiff may have suffered damages that are presently uttknown or that may be discovered m the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandiugs between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own &ee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTffF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APPR VFD ,4 RF D: f/~J i ATTORNEY FOR P A[NTffF ~RNE~~;/'F OG~ 1 1~p4 COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Felix Asia Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the ]awsuit of Springer v. County oJHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. E3. WHEREAS, Plaintiff has 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") ht one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shifr 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 [o [he accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fvearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join [he Litigation seeking to recover tmpaid overtime compensation, liquidated damages and attomeys fees on accotmt of the alleged failwe or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law fimts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Ceunsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to Lability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle aL claims and catrses of action of any kind which Plaintiff has or tray have in the futwe arising out of or related [o any past failure or refusal on the part of the Cotmty to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fow payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts [o a [rust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tutu disbwse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $2,682.43. Of Plaintiff s total amount, $347.41 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $347.41 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of PlamtitPs total amount, $347.41 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $347.41 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $347.41, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Pfaimiff is obligated to pay attomeys fees of $903.64 and litigation costs of S41 76. Plaintiffs Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Dorn each of the pavmen[s made to the Plaintiff :Apart Imm making the payments in Paragraph F. above, the County .,hall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for [he payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, Lmown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this Litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temrs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD I-IARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities fiom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or inequity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be refened to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the teens of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all habiliry being expressly denied. O. Plaintiff' understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are inte~ed to and shall release and discharge any and all FT,SA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and seWement and release of all claims, lmown or ttnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on du part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wanants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIG OF P AINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF' MAILING ADDRESS: APP VE ED: l / ~ ATTORNEY FOR PLAINTIFF TTORNEY FO COUNTY COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as [he "Settlement Agreement") is by and between Daylan Asuncion (hereinafter referred m as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively refersed 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 them. This Settlement Agreement arises from a settlement reached m the Idwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed N the United States District Court for the District of Hawai i (refersed to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff 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 no[ compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or intersupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fueanns; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WIiEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle ail claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failure or reftvsal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Cortrt; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's share of the gross settlement amount is $4,524.75. Of Plaintiff s total amount, $586.01 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the fvst installment on the gross settlement amount Of Plaintiffs total amount, $586.01 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $586.01 will be distributed to Plaintiff Rom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $586.01 will be distributed to Plaintiff Rom the trust account within 30 days Rom the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $586.01, will be distributed to Plaintiff Rom the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 51,524.27 and litigation costs of $70 44. PlaimitPs Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintifts~ Counsel from each of the payments made to the Plamnff. Apart from making the payments in Paragraph P, above, dre County shall have no obligation to Plaintit to ensure that the Plaintiff's itrdividual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting [he payment of monies pursuant to this Settlemea[ Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreetent but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. It is expressly understood and agreed that the terms of [his Agreement are contractual and not merely recitals and that the agreements contained herein and the considem[ion transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all Gabiliry being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime competsaton to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all Gabiliry and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, anangements, or understandings between ilte parties on all subjects in any way related to the transaction or occurrence described in [his Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or uttknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay ovemme compensation to Plaintiff for all overtime hours worked. T1re undersigned Plaintiff warrants teat Plaintiff is of legal age and legally competent to execut this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any represen n any kind character not expressly set forth herein. _ s~~~ SIGNA OF PLAINTIFF ~E SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: t AP RO A FD: ~ ~-////It ATTORNEY F AINTIFF TTORNEY FOR OCR 01 1pp4 COMPROMISE SETTLEMENT, RELEASE AND aVDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Rodney Aurelio (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to -herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the Ipwsuit of Springer v. County ojKawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District oT Hawai i (referred to herein as dre "Litigation"), and represents [he total compromise, settlement, and release of all the claims arisine from the I_itigation- B. WHF,RE.AS. PlaintifThas claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes'") in one or more of the following manners (l) by Tailing to properly compensate Plaintiff 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 Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shin 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmcmr or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for [he time spent in standby slams: (8) by not compensating Plaintiff for mused and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for alt time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory tune off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the nw++a;ning four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $2,769.60. Of Plaintiff s total amount, $358.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount. Of Plaintitfs total amount, $358.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $358.70 will be distributed to Plaintiff from the Imst account within 30 days from the deposit into the trust account of the third installment on dre gross settlement amount Of Plaintiffs total amount, $358.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [ms[ account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $358.70, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount. Under the terms of Plainuff s attomeys fee agreement wdh Plamti ffs' Counsel, Pluinti ff is obligated to pay attomeys fees of $933 02 and litigation costs of 543- I'_- Plaimitl's Attomev's fees and Litigaton Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Ikmr each of the pas mcm~ made to the Plainu(f Apart Isom makine the payments in Paragraph P. about, the (ounry shall have no oblrga[ion to Plainntl to ensure that dre Plaintiffs individual dis'Iribu[ion is made. I. Plaintiff shall be solely responsible for [he payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall, constitute a full and complete release, acquittal and discharge of the County tiom any and all claims, demands, or causes of action eta any c ' kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to wmply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. PLtintiff agrees that the County has established the Section 207(k) partial overtime exemption under [he FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may N the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Cottrt does no[ approve this agreement, [he terms and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transfened are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all clahns, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any represen on of any kind or character not expressly set forth herein. Z3 B SIGNATURE OF LAINTIFF DATE SOCIAL SECURITY NUMBER: - P F'S MAILING ADDRESS: AP OV A ED: A ORNEY FOR PLAINTIFF ATTORNEY FO O Y ,L~Qi r. C~~ ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Bradley Ballesteros Sr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "[he County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in,the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims wising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure [o include in [he calculation of Plaintiffs regular rate of pay all such compensation as is required by Samtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in maztdatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions: (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensa'ung Plaintiff for tire time spent m standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fitms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `T'laintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, TT-IEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulq Hawai i, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaattiffs share of the gross settlement amount is $27,061.71. Of Plaintiffs total amount, $3,504.81 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount. $3,504.81 will be distributed to Plaintiff from the tms[ account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $3,~04.ft I will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $3,504.31 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $3,504.81, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel, Plainti(F is obligated to pay attomeys fees ~~f $9_I 1 r;.3R and lineanun ai<ts .,f $d' 1 27. PLrinhffs Attomev's Pees and Lineation Costs will be deducted on a pro-rata basis by Plaintitls' C~>unsel Irons rach of th,, puymrnis mode to the I'laurtifl. Apart fnnn m:dcmg Ure payments m Paragraph h, ?bo~'e, the ~ownv shall have no obligation to Plainut7 to ensure that [he I'Iaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. PlaintifFs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, >mw or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m eyuiry, and whether made by way of subrogation, contract, assignrrtent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In [he event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either patty in dte further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litgatoq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Lability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown of that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intrnded to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes an and all riot Y P agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Pltintiff warrants that Plaintiff has read this Settlement Agreement and fiilly understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against ttte person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wartants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character no[ expressly set forth herein. ~7 _ 1 ~r ri _ 7i - O SIGNATURE PLAIIJ'I'IFF DATE SOCIAL SECURITY NUMBER: PLAIIVTIFF'S MAILING ADDRESS: I _ APP OVE ED: ATTORNEY FO F ATTORNEY FO C UNTY ~ ~'i ~~~y J`~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refesed to as the "Settlement Agreement") is by and between Jonathan Bartsch (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the Ivvsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners (1) by failing to properly competsate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or intetnrpted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay [he settlement amounts [o a trust account to be set up and managed by Plaintiffs' co-courtsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to [he Plaintiffs. Attorney's fees and Gtiga[ion costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $3,737.01. Of Plaintiff s total amount, $483.99 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount Of Plaintiff s total amount, $483.99 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $483.99 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $483.99 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment nn the gross settlement amount. The balance of the total due to Plaintiff, $483.99, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $ I,?58 90 and litigation coos of $58.17. Plaintiff s Attorney's Fees and Litigation COSLS will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff: Aptvt from m:il~ing the payments in Paragraph F, above, the County ,hall have no obligation to Plaintiff to ensure that the Plaintitl's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the Cuture be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agteement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or ocarrrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own Bce will and accord without reliance on any representatio f y kind Kara er not expressly set forth herein. 9- ~ 0 5/ SIG ATURE OF P AIN'T'IFF DATE S CIALSECURITYNLJMBER: ~ PLAINTIFF'S MAILING ADDRESS: APP O AG ~ ATTORNEY FOR PLAIN"T"IFF TTO Y FO COiJNTY oc1 012ooa COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafrer referred to as the "Settlement Agreement") is by and between Randall Bell (hereinaRer referred to as "PlaintifF') and the Counry of Hawai i, Hawal'i. Those collectively referred to herein as "the Count}' shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with [hem or any of them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County ojKmvai'i, Civil No. 02-00289 KSC, filed th the United States- District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arisine from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Farr Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") m one or more of the following manners (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include al the calculation of Plaintiff s regular rate of pay al] such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shifr and/or post-shin briefing periods or other pre-shift or post-shifr periods of work, (3) by not complying with the compensatory time off provisions of the Statutes as they relate [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions, (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby sutras; (8) by not compensating Plaintiff Cor missed and/or in[ermpted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fvearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accotmt of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the ]aw firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Cotrrt; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be se[ up and managed by Plaintiffs' co-counsel fitm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Flaintiff's share of the gross settlement amount is $'.,500.00. Of Plaintiff's total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $19427 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff's total amount, $194.27 will be distributed to Plaintiff Gorr the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $ ] 94.27 will be distributed to Plaintiff from dre trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the groat settlement amount. Under the terms of Plamnffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of .$505.31 and litigation costa of 523 35. Plainuff'a Attomev's Fees and I_itieation Costs will be deducted on a pm-rata basis by Plaintifl~s' Counsel (aria each n(the payment., uctdc io dte Plauwft. Apart Gorr making the puyntents in Pamgruph F. above the lnunty shall have no obligation to Plaintiff to ensure that the Plam[if fs individual dismbution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff-s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory tune off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted m this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temts of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in [he fumre be asserted by Plaintiff or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Coun. Tn the event that the Court does not approve this agreement, the tents and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful a:.d disputed clauns, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the fit[ure. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and [hat this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties, It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and [hat Plaintiff does so of Plaintiff s own &ee will and accord without reliance on any rep senta[ion of any kind or character no[ expressly set forth herein. S NATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIN['IFF'S MAILING ADDRESS: AP O D A FED: ~ ~ ATTORNEY FO LAINTIFF _ TTO Y FO OUNTY ,,L t COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Jason Berryhill (hereinafter referred to as "Plaintiff') and the Cotmry of Hawaii, Hawai i. Those collectively refeaed to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the Distnct of Hawai i (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of till the claims arising from [he Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in dte calculation of Plainaff's regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 accrtral and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating PlaL~tiff for missed and/or in[emapted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fnearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of dte County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 land which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on Ute part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and dte monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attoney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $9,801.57. Of Plaintiff s total amount, $1,269.42 will be distributed to Plaintiff from the host account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $1,269.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,269.42 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,269.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,269.42, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under dre terms of PlaintiCPs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys tees of $3301-89 and litigation costs of $ 15? ~R. Plaintift's Anomey's Pees and Lineation Costs will be deducted on a pro-rata basis by Plamtil7' Counsel from each of the payment, inadc to the Plamtift_ ,Apart Gom making d[e payments in P.uagraph P, above, d[e County shall have no obligation to Plamtrfl2o ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes, oEac'~tpn of any c kind whatsoever for back wages, unpaid straight time compensation, unpaid overtone compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been fded under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or m the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and al] claims, demands, or causes of action which are released by this Settlement Agreement but which may in [he future be asserted by Plaimitf, or by another individual or entity on Plaintiff, behalf, based upon any theory of recovery, whether at law or ht equity, and whether made by way of subrogation, conuact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. [n the event that the Court does no[ approve this agreement, the tetras and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. [t is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid htigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges [hat the sums [o be paid in consideration of [he Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the par[ of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in [his Agreement It if further understood and agreed that the County defiles any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants [hat Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. r9c7 - Z Z_ -o `1' GNATURE OF PLAINTIFF DA'I'S SOCIAL SECURITY NUIv~ER: PLAINTIFF'S MAILING ADDRESS: APP OV G EF.D: ATTORNEY PLAINTIFF ATTO Y FOK C( UNTY r COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Brian Bence (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHF,REAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Aawai'i Revised StaNtes' (collectively referred to as "the Statutes") in one or more of the following manners: (I) by tailing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related navel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join [he Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set fotYh hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepaza[e installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Cotrrt; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts [o a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in fain disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,783.82. Of Plaintiffs total amount, $490.05 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $490.05 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $490.05 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $490.05 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $490.05, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Host account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,274.67 and litigation costs of $58.90. Plaintiff v Attorney's Fees and Lingation CosLS will be deducted on a pro-ratz basis by Plaintiffs' Counsel tiom each of the pavments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shalt have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall he solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claons, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or ualmown, now existing, that either were or could have been filed tinder the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aA such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under dre FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities fiom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity nn Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event [hat the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. I[ is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stuns to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calctlate and pay overtime compensation to Plaintiff for all overtime hotus worked as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future mostly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. G~~ c. ~ Gam' SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PL 'S MAII.ING ADDRESS: APP O ED: ~ ~1 ATTORNEY FO LFF OR1 Y OR O ~ , ~QQy Cr,~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Manuel Benevides III (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 [vne have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in,the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-slilft 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (I O) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensau Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Cout; the rP+na~*+~g four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-cotutsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is 54,774.54. Of Plaintiff s total amount, $618.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fust installment on the gross settlement amount Of Plaintiffs total amount, $618.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $618.36 will be distributed to Plaintiff from the trust account within 30 days Crom the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $618.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth instalhnen[ on the gross settlement amount. The balance of the total due to Plaintiff, $618.36, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,603.42 and litigation costs of $74.33. Plaintiffs Atutmey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of dre payments made to [he Ptainuff. e~pazt tiom making the payments in Paragraph F, above, the County shall have no obligafion to Plaintiff to ensure that the Plaintiff's individual distribution is mode. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 7. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintit s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in dte Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the even[ that the Court does not approve this agreement, the temts and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an adrrtission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the Curare. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the paR of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence described in this Setflement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settkaneat and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff' does so of Plaintiffs own free will and accord without reliance on any representation of any lrnnd or-character not expressly set forth herein. SIGNATURE OF PLA]NTIFF DATE SOCIAL SECURITY NUMBER c, t _ ~ - PLAINTIFF'S MAII.ING ADDRESS: ' " APPR VE ~ A Y FOR P ORNEY FOR OUNTY SEP 3 0 100y COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Ageement (hereinafter referred to as the "Settlement Ageement'~ is by and between William Bergin (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Coun[}~' shall include [he 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 them. This Settlement Ageement arises from a settlement reached in the lawsuit ofSpringer v County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that dte County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensatng Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensathtg Plaintiff for hoots worked on the County's behalf; C. WfIEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and ageemenis herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive an[vvetsaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the Boss settlement amount is $3,895.82. Of Plaintiffs total amount, $504.55 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he first installment on the Boss settlement amount. Of Plaintiffs total amount, $504.55 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $504.55 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the oust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $504.55 will be distributed to Plaintiff from the Host account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amotmt. The balance of the total due [o Plaintiff, $504.55, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,312.40 and litigation costs of $60.65_ Plaintiff s Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments mode to the Plaimtff. Apan from making the payments m Paragraph F, above, the County ;hall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any OCT 0 ~ 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted ur this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. Iles agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. Tn [he event that the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of [his Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all IiabIlity being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or [hat may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or cases of action of any kind whatsoever arising out of or related to nay past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or tmlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance oa any representation of any kind or chazacter not expressly set forth herein. _~,LtBetr ~ f a-~ [ o~i SIGNAL F PLAIlVTIFF DATE SOCIALS URffY NUMBER: PLAIN"T'IFF'S MAILING ADDRESS: APPR D REE ATTORNEY FOR PL IFF TTORNEY FO O OCT 0 ~ 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Sharlotte Bird (hereinafter referred to as "Plaintiff') and the Counry of Hawaii, Hawaii. Those collectively referred to herein as "the Coun[~' 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 them. This Settlement Agreement arises firm a settlement reached m dte lywsuit of Springer v. Counry ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor S[andazds 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr 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 oCf, (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an insWCtor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by net compensating Plaintiff for missed and/or intetn!pted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensatioq liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the Counry, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or tray have in the future arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including [he recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by dte Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a Ws[ account to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's shaze of the gross settlement amount is $4,163.28. Of Plaintiff s total amount, $539.19 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff's total aznotint, $539.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $539.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $539.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $539.19, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay anomey's fees of $1,402SO and lineation costs of $64.81-Plaintiffs .4ttomey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payrents made to the Plainnfl~. Apart from making the payment/ m Paragraph P, above, the County shall have no obligation to PlaintifT to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff, J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a Cull and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ~I r ` kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. 'ibis release inchtdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement' Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on PlaintitPs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that dre Court does not approve [his agreement, [he terms and conditions of this agreement shall not be referred [o by either party m the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Setflement Agreement' is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all or a pri ggcements, arrangements, or understandings between Ute parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist 'Ibis Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff waraants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against fire person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PlaintifFs own free will and accord without reliance on any representation of an kind or character not expressly set forth herein. ©~Z/off SIGNA PAINT F DATE-~- SOCIAL SECLiRi'I'Y NUMBER: P 'S MAII,ING ADDRESS: APP O AG ATTORNEY FOR PLAINTIFF TTO Y R O ~o~~ ' c' COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement') is by and between Sherry Bird (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively referred to herein as "the Count}' shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, fded in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes'~ in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate iu mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff ter all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueamrs; and (11) by not otherwise cotpensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fumy of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel'? to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NO W, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; [he remaining four payments will be made annually on [he successive anniversazies of the firs[ payment G. The County will pay the settlement amounts to a trtrst account [o be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $2,212.09. Of Plaintiff's total amount, $286.49 will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. O£Plaintiff's total amount, $286.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $286.49 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $286.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $286.49, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 5745 ~0 and litigation cosLS of $34.44. Plaimitf-s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymenLi made to the Plainuff. Apart from m~ilcmg the paymen~s m Paragraph f, above, the County ,hull have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall he solely responsible for the payment of any income or other taxes on the amounts paid to or nn behalf of Plaintiff. I. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compeosaaon, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, cosu, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fau Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the temrs of [his Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to CNDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaimift: or by another individual or entity on Plaintitl's behalf, based upon any Theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. )n the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by eitber party in the further litigation of this matter. N. I[ is expressly understood and astreed that the terms of [his Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in considemtion of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any land whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire ageement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any represen ~on of any kind or character no[ expressly set forth herein. ° . Zz- ~ GNATURE O PLAINTIFF DATE SOCIAL SECURITY NUMBER: ` PLAINT'IFF'S MAILING ADDRESS: ~ _ AP ROV D: ATTORNEY FO .AINT[FF ATTO Y FO C LINTY c ~ c' J~ COMPRONIISE SETTLEMENT, RELEASE AND INDEMNTCY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereirafter referred to as the "Settlement Agreement") is by and between Robert Border (hereinafter referred to as "PlaintitY') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, drew transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the Ipwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, fded in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arisurg from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include is the calculation of Plaintiffs regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluatiotvs or exazninations without [he payment of compensation; (5) by not compensating Plaintiff for all hoots worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby slams, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintainntg Counry-issued vehicles; (l0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for bolus worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies dte parties hereto desire to compromise and settle all claims and causes of action of 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 Cotmty to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive arrniversaries of dre first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disbtuse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $3,627.16. Of Plaintiff's total amount, $469.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $469.76 will be distributed to Plaintiff from the tntst account within 30 days from the deposit into the tms[ account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $469.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $469.76 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $469.76, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth insallhent on the gross settlement amount. Under the terms of Plaintitfs attorney's fee agreement with Plaattiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,221$9 and Iitieation costs of $56.46. Plaintiff s Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from cash of the payments made to the Plaintil7~..Apart I}nm making the payments in Par~rgraph F, above, the Counry ,hall have no obligation to Plaintiff to ensure that the Plainriff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensa[iom described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatio0. unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, in[eres; costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Ilawai'i Revised Statutes. This release includes aU such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Coun does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained'rerein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and alt FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all riot p agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or cecun'ence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigoed Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, lmown or unlalown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plain r all overtime bouts worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legall m t to execu a Bement and that Plaintiff does so of Plaintiff s own fine will and accord without reliance on any rep tati of or c cter not expressly set forth herein. 9-22-oy SI A OF PLA'lM'IFF PATE SOCIAL SECURITY NTJMBER: , PLAINTIFF'S MAILING ADDRESS: APP VED RE r ATTORNEY FOR P ORNEY FOR O Y r U Jv COMPROMISE SETTLEIVIENT, RELEASE AND INDEMNTfY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Joseph Botelho Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Counry ofHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry 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: (I) by failing to properly compensate Plaintiff' for overtime worked by reason of its failure to include m the calculation of Plaintiffs regular m[e of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Counry, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failtue or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the $tatutea; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the Countv. H. Plaintiff's share of the gross settlement amount is $6,384.76. Of Plaintiff s total amount, $826.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $826.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $826.90 will be distributed [o Plaintiff from the tnust account within 30 days from the deposit into the trust account of the third instalunent on the gross settlement amount Of Plaintiffs total amount, $826.90 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he bust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $826.90, will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,150-86 and litigation costs of $99.39. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or nn behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatoq unpaid overtime compensation, any failure to comply with compensatory tune off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such claims or causes of action for attorney's fees or costs, now a in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In [he event [hat the Court does not approve [his agreement, the leans and conditions of this agreement shall no[ be referred [o by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of (his Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. . O. Plaintiff understands and agrees that Plaintiff may have suffered damages Iha[ are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calctate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if fitrther tmderstood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior a P greements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chums, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failuue or refusal on dte part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff watrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIt+`,NA OF PLAIN'T'IFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: ~ APP OVE A . / ATTORNEY FOR F ATTORNEY FO CO o~j o 2 1~p4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNIT]' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Paul Bugado (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the Counry of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i. Civil No. 02-00289 KSC, filed m the United States District Court for the Distinct of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 followin, manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calctilation of Plaintiff's regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions: (6) by not compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensaturg Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fveamrs; and (11) by not otherwise compensating Plaintiff for hoots worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, hquida[ed damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectivety as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and dte amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failure or refirsal on the part of the County m fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $7,176.67. Of Plaintiffs total amount, $929.46 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $929.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount Of Plaintiff's total amount, $929.46 will be distributed to Plaintiff from the vast account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $929.46 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $929.46, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attomeys fees of $2,41263 and litigation costs of$ I 11.72. Plainuffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Ylauuiffs' Coun.vel tom each of the payments made to the Plaintiff. Apart from making [he pavmencs in Paragraph F, above, the County shall have no obligation to PlamtifT m ensure that the Plaintiff's individual disuibution is made. L Plaintiff shall be solely responsible for the payment of any income or other takes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a Cull and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fatr Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) Partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate setflement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and no[ merely recitals and that lire agreements contained herein and [he consideration transferred aze to compromise doubtful and disputed claims, avoid htigaaon, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [ha[ Plaintiff may have suffered damages that aze presently unknown or that maybe discovered in the futuue. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any land whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and ail liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjecu in any way related to the transaction or occurrence descn'bed in this Settlement Ageement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a waling signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for ail overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any Idnd or character not expressly set forth herein. 3'`iGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: ~ ~ - , AP O D D: ATTORNEY F ATTORNEY FO OUNTY 1~C~ r.~1 ' COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereirtafter referred to as the "Settlement Agreement") is by and between Kelvin Cardona (hereinafter referred to as "PlaintifP~ and the County of Hawaii, Hawaii. Those collectively referred 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 is interest, and all others who at any time have been m privity with them or any of them. This Settlement Agreement arises tram a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate m the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an insWCmr or smden[ at mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented m join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of any Idnd 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, T'FIEREFORE, for and in considerntion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considerntion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive antilversaries of the first payment G. The County will pay the settlement amounts to a trust account m be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolula, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of [he gross settlement amount is $4,127.67. Of Plaintiffs total amount, $534.58 will be distributed to Plaintiff firom the trust account within 30 days from the deposit into the frost account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $534.58 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $534.58 will be distibu[ed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $534.58 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of dte total due to Plaintiff, $534.58, will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fitih installment on [he gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,390.50 and litigation costs of $64.26. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the PlaintitF. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plantiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any faUure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowv, now existing, that either were or could have been filed under the Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such clauns or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing [o the temts of this Settlement Agreement and accepting the payment of monies pursuant to Uric Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf. based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o Ute settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of [his agreement by the Court. Tn the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that Ure temrs of this Agreement are contractual and not merely recitals and that the agreements contained herein and the considemtion transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and Utat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages [hat aze presently unknown or that may be discovered in Ute future. Nevertheless, PlaintifF aclmowledges that Ute sums to be paid in considemtion of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if furUter understood and agreed that the County denies any and all liability and Utat this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains [he entire agreement between fhe parties. It supersedes any and all prior agreements, anangements, or understandings between the parties on all subjects in any way related to Ute transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in Otis agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff wartants that Plaintiff has read Otis Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord wiUtout reliance on any representation of any kind or character no[ expressly set forth herein. s" 7 ATURE OF PL DATE SOCIAL SECURITY NUMBER: ~ PLAINTIFF'S MAILING ADDRESS: AP OVE G E ~ U ' ATTORNEY FOR PL F ~ I'I'ORNEY FO~~ Q SEP 3 0 1004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTfl' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Richard Carter Jr (hereinafter referred to as "Plavttiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lpwsuit of Sprenger v. County ojHmvai'i, Civi] No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all [he claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawat'i Revised Statutes (collectively referred to a_s "the Statutes") in one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an inswctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by nut compensating Plahuiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented m join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Sans of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all clavns and causes of action of any kind which Plaintiff has or may have in the future arising out of or related m any past failure or refusal on the part of the County m fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $4,981.47. Of Plaintiffs total amount, $645.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of [he fast installment on the gross settlement amount. Of Plaintiffs total amount, $645.16 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $645.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $645.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due m Plaintiff, $645.16, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of l,F7R. 13 and litigation costs of $77.55. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of dte payments made to dte Pluinull~. Apart from making the payments m Pumgraph F, abo~ c. the County shall havc no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clavns, demands, or causes of action of any cry ~ 2004 ELI land whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under [he Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either pazty in the furdter litigation of this matter. N. I[ is expressly understood and agreed [ha[ the terms of [his Agreement are contrncmal and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid htigation, and obtain a peaceful resolution, and drat no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLilntiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducemenu contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Aay changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. D9 z,3-D`T~ SIGNA OF PL DATE SOCIAL SECURITY NUMBER. PLAII~'fIFF'S MAII,ING ADDRESS: AP O AG D: ATTORNEY FO F ORNEY FO O SEP 2 7 2004 COMPROIVIISE SETTLEMENT, RELEASE .4ND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereitafter referred [o as the "Settlement Agreement") is by and between Patrick Cassidy (hereinafter referred to as "Plaintiff) and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, they transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from [he Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shifr 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 requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Flaineff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with ftrearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in cotsideraton of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $2,492.95. Of PlaintifFs total amount, $322.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount O£ Plaintiff's total amount, $322.87 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment nn the gross settlement amount. Of Plaintiff's total amount, $322.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff's total amount, $322.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $322.87, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trnst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $R39.81 and litigation costs of $38.81. Plaintiff s Attome_v's Fees and Litigation Costs will be deducted on a pro-rata basis by Plainutt~s' Counsel from each of the payment. made 0.> the Plamuff. Apart Ihmr making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintift's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, at[omeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aL such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Szttlement Agreement but which may m the future be asszrted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in zyuity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. this agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that [he terms of [his Agreement are contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently urtknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums [o be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and aL Lability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid furore costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. II supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtone compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this ageement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any taton of any kind or character not expressly set forth herein. I ~ ° Z( 0 IGN TURF OF PLAINTIFF DA SOCIAL SECURITY NUMBER: PLAINT"TE'E'S MAILING ADDRESS: r APP OV AG ED: r ATTORNEY FO AiNTIFF TTORNEY FOR OUNTY ~ c COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafrer referred [o as the "Settlement Agreement") is by and between Darryl Castillo (hereinafrer referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest. and all others who a[ any time have been in privity with them or any of them. This Settlement Aereement arises from a settlement reached in the lpwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arisine from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 of the Hawai' i Revised Stamtes (collectively reYerzed to as "the Stamtes") in one or more of the following manners: (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shifr 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 Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate N mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or in[erzup[ed meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaoong County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fvearms; and (1 i) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtone compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of W finer, Meheula & Devens, LLP and Aitchison & V ick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desoe to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in dte future arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fns[ payment. G. The County will pay the settlement amounts to a [mst account to be se[ up and managed by Plaintiffs' co-cour[se] firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $1,960.52. Of Plaintiff s total amount, $253.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $253.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $253.91 will be distributed to Plaintiff tram the tmst account within 30 days from the depose into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $253.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $253.91, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $660.45 and litigation costs of 53052. Plaimiffs Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart horn making the payments in Paragraph P, above, the County shall have no obligation to Plaintiff to ensure that dre Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with kind whatsoever for back wages, unpaid straight time compensation, tmpaid overtime comperrsa«on, any failure to comply with comperua[ory tune off provisions, liquidated damages, interest, costs, attomeys fees, injunc«ve or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the Galore, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Sec«on 207(k) partial overtirue exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and enti« es from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the [errrrs of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolu«on, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plain«ff understands and agrees that Plaintiff may have suffered damages that are presently trnknowv or that may be discovered in the future. Nevertheless, Plain«ff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the Cotmty denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid futtue costly litigation. P. Tltis Settlement Agreement contains the entire agreement between the parties. II supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related [o the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plain«ff warrants that Plaintiff has read [his Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or ttnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refirsal on the par[ of [he County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plain«ff does so of Plaintiff s own free will and accord without reliance on any representatio nykiH character not expressly set forth herein. y~~ a~ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT/I/F~F~'S MAILING ADDRESS: ' APP ONF, A RE A RNEY FOR F Y FO O 11~~~~ o~~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Grace Castillo (hereinafter referred to as "Plaintiff') and the County of Hawal'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been th privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer e County ofHawai'i, Civil No. 02-00289 KSC, filed th the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plainfiff has 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: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent th standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fvearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff' for all overtime hours worked and to comply wilt the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of 5nal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts m a trtrst account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disbtuse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. H. Plaintiffs shaze of the gross settlement amount is $9,873.90. Of Plaintiff s total amount, $1,278.79 will be distributed [o Plaintiff from the tnrs[ account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $1,278.79 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,278.79 will be distributed to Plaintiff t}om the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,278.79 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,278.79, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of PlaintifTs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys tees of $3.32626 and litigation coste of $1 ~ ±_71. Plaintiff s Attorney's Fees and Litigation COSLS will be deducted nn a pro-rata basis by Plamut7s' Counsel Gom each of the paymenc~ made to the Plamuff. Apart Gom making the paymenn in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the PlaintifTs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands~~puses of action of any r` ~ - kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under Ute Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to [he terms of this Settlement Agreement and accepting Ute payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to CNDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be refersed to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the [emts of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transfersed are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be conttnred as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the strms to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in Uric Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This SeWement Agreement contains Ute entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnlted in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. T he undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtire compensation to Plaintiff for all overtime hottrs worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute Otis agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any repre 'on of any kind or character not expressly set forth herein. c 6J z 3 - oY GNAI'CJRE OF PLAIIJ'T'IFF DATE SOCIAL SECURITY NUMBER: PLAIIJTIFF'S MAILING ADDRESS: AP ROVE GRE ATTORNEY FOR PL ATTORNEY F C ~ `j c ' J' COMEROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Tanny Cazimero (hereinafter referred to as "Plaintff') and the Counry of Hawaii, Hawaii. Those collectively referred to herein as "the Counry" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by Mailing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County [o properly compensate PLuntiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all clavns and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refitsal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, TI-IEREFORE, for and in consideration of the mutual promises and agreements herein contained, including [he recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining foot payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. H. Plaintiffs share of the gross settlement amount is $1,718.64. Of Plaintiff's total amount, $222.58 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $222.58 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $222.58 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $222.58 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $222.58, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the oust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of .5578.96 and litigation costs of $2h 75, Plaintiff s Attorney's Fees and Litigation COSLS will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments m Paragraph F, above, [he County shall have no obligation to Plaintiff to ensure that the Plain[itl's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of a O ogaf(~rty SEP 3 /.U~ Idnd whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fait Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Pltintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all ciaims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In [he event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the considemtion transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Seffiement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal oa the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlred in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described is this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrents that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. p~ ' , / 1 SI OF PLAINTIFF DATE SOCIAL SECURITY NT JMBER: PL 'S MAILING ADDRESS: AP O ATTORNEY FO IFF ATTORNEY FO OLIDI'I'Y SEP 3 0 2004 s ' COMPROMISE SETTLEMENT, RELEASE AND 1NDEMNII'Y AGREEMENT A. this Compromise Settlement, Release, and Indemnity Agreement (hereinafter refeaed to as the "Settlement Agreement") is by and between Eric Cerezo (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred [o herein as "the Counry" 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 them. This Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. Counry ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release oC all the claims ansing from the Litigation. B. WHERL-AS, Plaintiff has claimed that the Counry has violated the Fau Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Kevised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an insimctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or intermoted meal oeriods; (9) by not compensatine Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failwe or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Counry, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto delve to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the futwe arising out of or related to any past failwe or refusal on [he part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with [he compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of [he mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive armiversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will m tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation cola will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs ,hare of the gross settlement antount is $4,369.96. Of PlaintifTs total amount, $565.96 will be disuributed tc Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $565.96 will be distributed to Plaintiff from the must account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $565.96 will be distributed to Plaintiff tiom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $565.96 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of [he total due to Plaintiff, $565.96, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s atromey's fee ?greement with Plaintifts' Counsel, Plaintiff is obligated to pay attorney's fees of $1,472.12 ;md litigation costs of $6K03. Plaintiff's .4uomey's Fees and Litigation Cosis will be deducted on a pro-rata basis by Plaintiffs' Counsel Irom each of the pavmrn[s made n. the Plaimiff.:Apart lmm making dte paymentu in Paragraph F, above, the Counry ,hall have no obligation to Plaintiff to ensure that the Plaintiff s individual distnbution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or nn behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ~ '~i 2~~4 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under Ote FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMN[FY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon £mal approval of this agreement by the Court. In the even[ that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be refened [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlatown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for atl overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County de»ies any and all liability and Otat this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNA O L DATE SOCIAL SECURITY NUMBER: PLAIIJ'['IFF'S MAILING ADDRESS: PRO ATTORNEY FOR F ATTORNEY F COUNTY ' COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refeaed to as the "Settlement Agreement") is by and between Uwao Chartrand (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims ansing from the Litigation. B. WHEREAS, Plaintiff has clavned that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shifr or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Samtes as they relate to [he accmal and/or utilization of compensatory time off; (4) by requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at [mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby storms; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plainti.`i for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between dte parties, both as [o liability and the amount of damages, 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 land which Plaintiff has or may have in the future arising out of or related to any past failure or refitsal on the part of the County to fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the Errs[ payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $6,831.18. Of Plaintiff s total amount, $884.72 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the bust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $884.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $884.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $884.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $884.72, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $2,30 L24 and litigation costs of $1 Ofi.34. Plaintiti's Attorneys Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintifts' Counsel Gom each of the paytents made to the Plaintiff .4pan from making the payments in Paragraph P, above, the County shall have no obligation to PlaintitF to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declazatory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Cuture, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Coun. In the even[ that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and [he consideration transfened aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that dte sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as descnlred in this Agreement It if further tmderstood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occunence descnlxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, ]mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character no[ expressly set forth herein. SIGNATURE OF PLAIIQTIFF DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAII.ING ADDRESS: APPR E ~ ATTORNEY FOR PL F TTORNEY F~` O ' ^c~l r, t J COMPROMISE SETTLEMENT, RELEASE AND CNDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Henry Chong (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred m herein as "the County" shall include the County of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the jawsuit of Springer v. County oJHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the [oral compromise, settlement, and release of all the claims ansing from the Litigation. Q. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is requved by Statutes, (2) by not compensating Plaintiff for pre-shifr 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 Stam[es as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at paining sessions, (6) by not compensating Plaintiff for all time worked alwork-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intetnrpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (l l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and conpoversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and conpoversies [he parties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or rehtted to any past failtre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, fot and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in fain disburse the appropriate payments [o the Plaintffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $4,395.13. Of Plaintiffs total amount, $569.22 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $569.22 will be distributed to Plaintiff from the gust account within 30 days from the deposit into the tins[ account of the second installment on the gross settlement amount Of Plaintiff s total amount, $569.22 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the gust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $569.22 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tins[ account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $569.22, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 51,480.60 and litigation costs of $68 42. Plaintitl's Attorney's Pees and Litigation Costs will be deducted on a pro-rani basis by Plaintiffs' Counsel from each of the payments made to the Plainti R~. Apart Gom making the paymeuts in Paragraph F, above, lbe County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any SEP 2 3 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declazatory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for atIOmey's foes or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement ,Agreement but which may in the tuture be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalt; batted upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Coun. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and Iha[ no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stems to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if firrther understood and agrced that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between [he parties on all subjects in any way related to the transaction or occurrence described is this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, ]mown or utilmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on [he part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character n~otexp~ressly set forth herein. SIGNAT[JRE OF LAINTIFF DATE SOCIAL SECUR[TYNiIMBER: PL 'S MAILING ADDRESS: _ ~ c APP O G D: ~ ATTORNEY FOR PL IFF ATTORNEY OR CO I SEP 2 3 1~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Miles Chong (hereinafter referred to as "Plaintiff') and the Counry of Hawai'y Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the Ipwsui[ of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fau Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Samtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure [o include in the calculation of Plaintiffs regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Sautes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (R) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on accotmt of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or oa behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, "T"HEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separnte installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Cottr[; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a tmst account [o be setup and managed by Plaintiffs' co-cotursel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $4,954.60. Of Plaintiffs total amount, $641.68 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into [he bust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $641.68 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $641.68 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $641.68 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $64 L68, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,669.07 and litigation costs of .877.13- Plaintiffs Attorneys Fees and Litigation Costs will he deducted on a pro-rata bads by Plaintiffs' Counsel from each of dte payments made to the Plaintiff: Apart from making the payments in Paragraph P, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatio4 unpaid overtime compensation, any failure to comply witir compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been Sled under the Fau Labor Standards Aa and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court In the even[ that dte Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered is the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement aze iatended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the pert of the County to Properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed is this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned PLuntiff warrants that PLuntiff has read this Settlement Agreement and fuuy understands it to be a compromise and settlement and release of all claims, known or uttknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLtintiff for all overtime hours worked. The undersigned Plaintiff wartants that Plaintiff is of legal age and legally competent to execute this agreement and that PLtintiff does so of PLuntiff s own free will and accord without reliance on any representation of//any k/ind or character not expressly set forth herein. -%t:~ 1G-~ b9. 2"7-~~ IGN OF PLAIIJTIFF DATE SOCIAL SECIJRIT'Y NCJMBER: PLAINTIFF'S MAII.ING ADDRESS: i RO ATTORNEY FOR P AIN'I'IFF ATTO CO SEe 3 01ooa COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Willie Collett (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred [o 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 m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of al] the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions: (6) by not compensating Plaintiff for all time worked vt work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fvearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate instalhnent payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $1,843.18. Of Plaintiffs total amount, $238.71 will be distributed [o Plaintiff from the [test account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff's total amount, $238.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $238.71 will be distributed to Plaintiff from [he trust account within 30 days f}om the deposit into the ttust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $238.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $238.71, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $620.92 and litigation costs of $28.69_ Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel fcom each of the payments made to the Plaintiff: Apan frum mating the puymenu in Paragraph P, above, the County shall have no obligation [o Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other takes on the amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might Gave, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inciudes all such claims or causes of action for attorney's fees or costs, now or in the futtrre, whether asserted in this litigation or not Plaintiff agrees that the County bas established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities fiom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be assened by Plaintiff, or by another individual or entity nn Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon front approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contmcmal and not merely recitals and that the agreements wn[ained herein and [he consideration transfened aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. _ O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it m be a compromise and settlement and release of all claims, ]mown or tmlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representati~ of any1kin/,or c cter not expressly se[ forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECUIt1T'Y NI )MBER: PLAlNT1FF'S MAILING ADDRESS: AP O ATTORNEY FO L IFF TTO Y FO C ~ ~'r c COMPROI~IISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Clint Coloma (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and presrn[, their transferees, assigns, successors in interest, and all others who at any time have been in privity widt them or any of them. This Settlement Agreement arises from a settlement reached ht the lawsuit of Springer v. County oJHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 of the Hawaii Revised Samtes (collectively referred to as "the Stamtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating-Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mut[ts] promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of Erna] approval of this Agreement by the Cottrt; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-counsel Earn of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $9,054.33. Of Plaintiff s total amount, $1,172.64 will be distributed to Plaintiff tram the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $1,172.64 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,172.64 will be distributed to Plaintiff fiom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,172.64 will be distributed to Plaintiff tiom the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,172.64, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,050.]7 and litigation costs of $140.95. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintitfs' Counsel from each of the payment made to the Plaintiff, Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County tom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the Cuttue, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of [his Settlement Agreement and accepting the payment of monies pursuant to [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on PlaimitFs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In [he event that [he Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the teens of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and [ha[ no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages [hat are presently tmknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff waaants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, known or trnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrnnts that Plaintiff is of legal age and legally wmpeteat to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. t rte`"'` - ~s~ ~ SIGNATURE OF LAINTTFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF"S ING ADDRESS: ~ - AP O D AG ATTORNEY FOR PL IFF ORNEY FOR O t p„~ 0 4 1pp4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Jerry Coloma (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred 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 them. This Settlement Agreement arises firm a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred m herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chaprer 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 Stamtes as they relate [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an inswctor or student a[ training sessions, (6) by not compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive armiversazies of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,996.72. Of Plaintiffs total amount, $517.62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fvst installment on the gross settlement amount. Of Plaintiff s total amount, $5IZ62 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. OfPlaintiffs total amount, $517.62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the oust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $517.62 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the rinse account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $517.62, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the rinse account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,346.39 and litigation cosLS of $6222. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata barsis by Plaintiffs' Counsel Gom each of the payments made to the Plaimiff. Apart from making dte payments in Paragraph F, above, the County shall hate no obligation to Plaintiff to ensure that the PlaintitFs individual distribution is made. I. Plaintiff shall he solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might ]ravq known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the [emrs of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In [he event [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party itr the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid htiga[ion, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be conswed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or [hat maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by alt parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintitf'has or may have against the person and entities released, arising out of or relating to any past failtre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SI AT OF PLAINT"IFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O G D: ~ ^ ~t ATTORNEY FOR AINTIFF ATTORNEY F R C(/O/UNI r~7 ~ ! dv Zrn4 t. COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Ernest Correia (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai i. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, 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 m privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation'"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that die County has violated the Fav Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shifr 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions_ (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or intertupted meal periods, (9) by not compensating Plantiff for the time spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as'Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory tune off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutttal promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive artniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,500.00. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days ti-om the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $ (94.27 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counseh Plaintiff is obligated to pay attorney's fees of $505.31 and litigation coats of 52.35. Plaintiff, Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the paymcuc~ made to the Plamti(1 :Apart from making the paynrenis in Paragraph P. above, the County shall have no obligation to Plaintiff to ensure that dte Plaintiffs individual distribution ~s made. L Plaintiff shall he solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the teens of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HdLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future he asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In [he event that the Court does no[ approve this agreement, the teens and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrmgements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnhed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist T7tis Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance oa any rep tation of any kind or chazacter not expressly set forth herein. C~~ 21. - O 5~ S NATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIN"T'IFF'S MAILING ADDRESS: A R~ A EED: - ATTORNEY FO LAIN"I"IFF ATTORNEY F~ R OUNT t, , COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Steven Correia (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") m one or more of the following manners: (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (I1) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WfiEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Doyens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies [he parties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related [o any past failure or refusal on the part of [he Counry to fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts [o a tmst account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received Rom the County. H. Plaintiff, share of the gross settlement amount is $2,51852. Ot Plaintiffs total amount, $326.18 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $326.18 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, 5326.18 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $326. l8 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $326. l8, will be distributed [o Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $848.42 and litigation costs of $39' I PlamtifT's Altomcy's Fees and Litigation Costs will be deducted nn a pro-rata basis by Plaimiffs' Counsel from wch of the payments made m the Plaintiff. Apun tcom making dtc payments m Paragraph P, above, the Counry sha(I have ?o obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any L` r kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which PLuntiff has or might have, known or unlmowq now existing, that either wen- or could have been filed under the Fair Labor Standards Act and/or Chapttx 80 of the Hawaz'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or is the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiffagrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either parry in [he further litigation of this matter. N. It is expressly understood and agreed that [he terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of say kind whatsoever arising out of or related to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this SeWement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior p agreements, artangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This SeWement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chtims, known or tralmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff' for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any kind or charac not expressly set forth herein. Y-~3-~~/ SIGN OF P DATE SOCIAL SECIJRI'IY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O G A RNEY FOR PLAINTIFF ATTO Y FO C [IN'fY ~~dtj r.i, n ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Michael Corum (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shifr 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examina[iorvs without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHEREAS, Plaintiff has cottsented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Earns of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amotmt of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fvm of Wiper, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,034.19. Of Plaintiffs total amount, $392.96 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $392.96 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $392.96 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $392.96 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $392.96, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51,022.14 and litigation costs of547?3. Plaintiffs Attorney's Fees and Litigation Costs will he deducted nn a pro-rata basis by Plaintiffs' Counsel from each of the puymenri made to the Plaintil7~. ~Apar from making the paymontss in Paragraph I~, above, the County shall have no obligation to Plain[itTto ensure that the Plaimiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes op the amounts paid to or nn behalf of Plaintiff. J. Plaintiffs execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or urrknown, now existing, that either were or could have been 61ed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes, This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established Ute Section 20'7(k) Partial overtime exemption under the FLSA. IC By agreeing W the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon Final approval of this agreement by the Court. in Ute even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claiars, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages Urat are presently unlmown or that tray be discovered in Ute future. Nevertheless, PLtintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist Tltis Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned PLtintiff warrants that PLtintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warranu that Plaintiff is of legal age and legally competent to execu this agreement and that Plaintiff does so of Plaintiffs own free will and accord wiUtout reliance on any representation of an r ter xpressly set forth herein. Z~~Zo~`~ S GNA O DATE SOCIAL SECiJRI'I'Y NI IMBER: PLAIIVTIFF'S MAII,ING ADDRESS: AP OVE D: - - . ATTORNEY F AIIJTIFF ATTORNEY FO O 'Y ~vj p 1 1~~y Uct 11 U4 12: USp P•2 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and beM~een Nikki Daly (hereinafter referred to as "Plaintiff') and the County o(Hawai'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v, County of/Imvui'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of al; the claims arising from the Litigation- D. WHEREAS, Plaintiff has claimed that the County has violated [he Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Pfaintilfs regular rate of pay all such compensation as is requited by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr 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 utlization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related navel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and ] ) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented tojointhe Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refloat of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and haz retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectvely as "Plaintiffs' Counsel') to prosecute the litigation; and, D. WHEREAS, bona fide disputes and conhoversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parries hereto desire to compromise attd settle all claims and causes of action of any kind which Plaintiff haz or may have in the future arising out of or related to any past failure or refusal on the par[ of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trtst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,500 00. Of Plaintiffs total amount, S194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the bust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, S 194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount OCPlaintiffs total amount, 519427wi11 he distributed to Plaintiff from the trust accotmt within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the bust account within i0 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintit7 is obligated to pay attorney's fees of $505.31 and litigation costs of $23 35. Plaintiffs Attorney's Pecs and Litigation Costs wdl be deducted on a pro rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart Gom making the payments in Paragraph F, above, the County shall Lave r,o ob G~atinn to Plaintiff ro enn+re that the P!a inn R's i°•dividual distribution is n;ndc 1 Pfainuff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a toll and complete release, acquittal and discharge oP the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straweht time compensation, unpaid overtime compensation, any failure to comply with OCT 1 4 2004 SEP 12 2004 13 09 PRGE. 02 Oct 11 04 12:?6p P•~ compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Aa and/or Chapter 80 of [he Hawaii Revised Statutes. This release includes al I such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(1:) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant m this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on PlaintifFs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract. assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, [he terms and conditions of this agreement shall not be rzferred to by either party in the further litigation of this matter. N. II is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and ffiat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, al] liability being expressly denied. O. Plaintiff understands and agrees that Plaintiffmayliave suffered damages that are presently unknown or thaz may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and al I FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cowry to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. i[ supersedes any and all prior agreements, arrangements, or understandmgs between the parties on all subjects in any way related to the transaction or occurrence described in this Stttlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modificatiod, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free wit l and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF IFF DATE SOCIAL SECURITY NUMBER: t PLAINTIFF'S MAI ING ADDRESS; A ROV D A RE ATTORNEY FOR NTIFF ATTO NEYFO COUNTY OCR 1 41pp4 SEP 12 2004 13 10 PAGE.03 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between George Delorm (hereinafter referred to as "Plaintiff') and [he County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civi] No. 02-00289 KSC, filed in the United States District Court for the District oFHawai'i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims ansing from the Litigation. B. WHEREAS, Plaintiff has claimed tltat the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include ¢t the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 requving Plaintiff to participate hr mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compersating Plaintiff for missed and/or intemrpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; - C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained [he law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'T'laintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to Lability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire [o compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of [he Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $2,767.72. Of Plaintiff's total amount, $358.45 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fvst installment on the gross settlement amount. Of Plaintiff s total amount, $358.45 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the ser;ond installment on the gross settlement amount Of Plaintiff s total amount, $358.45 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the third installment on [he gross settlement amount Of Plaintiffs total amount, $358.45 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $358.45, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. lJnder the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of 5932.37 and litigation costs of 443.04 Plaintiffs :1ttomey's Pees and Li[rgation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of [he payments made to the Plauuiff. Apan from mrilcmg the paytents m Paragraph P. above. the County ,hall have no obligation to Plaintiff to ensure that the PlaintitTs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constiNte a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of ~ry r ` kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been Sled under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such chums or causes of action for attorney's fees or costs, now or in dre fume, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. IC BY agreeing to the temrs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persovs and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon Final approval of this agreement by the Court. In the event [hat the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the ternu of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past Srilure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all cLsims, }mown or unimown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or reLsting to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned PLtintiff warrents that Plaintiff is of legal age and legally compeunt to execute this agreement and that Plaintiff does so of Plaintiffs own See will and accord without reliance on any repre/e~ntation of any kind or character not expressly set forth herein. SIGI A OF PLAIIJTIF'F DATE SOCIAL SECURITY NUMBER: P 'S G ADDRESS: AP O D G D: ~ ` ~ - ATTORNEY AIN'TIFF ~ ATTORNEY FO CO t COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and behveen B Duarte (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises firm a settlement reached in the lawsuit of Springer v. Countv ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigatioti'), and represents the total compromise, settlement, and release of all the claims arisin_ from the Litigation. B. WE{EREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shin briefmg periods or o[herpre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate [o the accrual andlor utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or exanrmations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with firearms; and (I l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensatioty liquidated damages and attomeys fees on account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire w compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the futtrre arising out of or related [o any past failture or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of fmal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments [o the Plaintiffs. Attorney's fees and htigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settiement amount is $2,083.33. Of Plaintiff', total amount, $269.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plainttff s total amount, $269.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $269.82wi11 be distributed to Plaintiff from the trust account wuhin 30 days Gom the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $269.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of [he fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $269.82, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attomeys fees of S70 L82 and litigation costs of S32.a3 PlmnufT's Attorneys Pees and Lnigation Cosa will he deducted om a pro-rata basis by Plaintiffs' Counsel from each oFUre payments made io the PlamtiR_ .-Apart from m:il:utg the payments m P:rrugraph F, aboea, the County shall hate no obligation [o Plaintiff to ensure drat dre Plainutl's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. PlaintifFs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or t:hapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the temts of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from an}r and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95°~0 of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently urilmown or that may be - discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P.1his Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrarts that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not expressiy set forth herein. SIGNATTJRE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIN'TIFF'S MAILING ADDRESS: APP O GRE ATTORNEY FOR PL IFF ORNEY FOR O TY OCT 18 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereirtafrer referred to as the "Settlement Agreement's is by and between Jesse Ebersole (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been m privity with them or any of them. This Settlement Agreement arises from a settlement reached ¢t the lawsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for al] hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; aztd (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly competsate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in considerntion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of finai approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintitfs shaze of the gross settlement amount is $2,049.24. Of Plaintiffs total amount, $265.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $265.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $265.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $265.40 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $265.40, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaimiffs' Counsel, Plaintiff is obligated to pay attorney's tees of $fi90.34 and litigation costs of $3 L90. Plaintiffs Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' Counsel Gom each of the payments made to the Plamuff. Apart Iron making the payments in Paragraph f ,above, the County shall have no obligation to Plaintiff [o ensure that dre Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and H(7LD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court Tn the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refesed to by either party in the funkier litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered is the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid is consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for aU overtime hours worked as descnlted in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Setflement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects is any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties, Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or ualmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay ovtrtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Phtinti£f s own free will and accord without reliance on any Cation of any kind or character not expressly set forth herein. _ ~(2~I 0 ATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: ` PLAIIV'TiFF'S MAILING ADDRESS: - - ROVE A ' ATTORNEY FO IFF TTO Y FOR pr7 r~ ! 2ulni~ 4. COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Inderrtniry Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Julie Edmondson (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m [he United States District Court for the District of Hawaii (referzed to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtone worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is requoed by Statutes; (2) by not compensating Plaintiff 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 [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compertsa[ing Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked mwork-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed attd/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law toms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-coutrsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $10,009.44. Of Plaintiffs total amount, $1,296.34 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,296.34 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,29634 will be distributed to Plaintiff from the trust acwunt within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $ l,?9634 wtll be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,296.34, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,371.92 and litigation costs of S 1 X5.82. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from ruck of the pavmcnts made to dte Plaintiff. Ap:ut from making the payments in Paragraph F, above, the County shall have no obligation to Plainuth to ensure that the Plaintitfs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or nn behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys foes, injunctive or dechuatory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtone exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Cotut. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred ro by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if firrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all clauns, known or unlmown, present or future, that Plaintiff has or may have agavrst the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNA'I'[JRE PLAINTIFF DATE SOCIAL SECURITY NUMBER: PL 'S MAII,ING ADDRESS: APP OVE A D: ATTORNEY FOR F ATTO Y ~ COUNTY O '~D~~i She 3 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Bryan Ellis (hereinafter refereed to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtme 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 Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods: (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with ftreatms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle aU claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County wd] pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,500.00. Of Plaintiff's total amount, $194.27 will be distributed [o Plaintiff from the Rust account within 30 days from the deposit into the trust account of the fast installment on ~4e gross settlement amount. Of Plaintiffs total amount, $194.27 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $ ] 94.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $194.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $50531 and litigation costs of $23.35- Plaintiff's Attorney's Fees and Litigation Costs will be deducted nn a pro-rata basis by Plaintiffs' l'ounsel from each of the payments made to the Plamuff. Apart lrom making the payments in Paragraph F, above, dte County shall have no obligation to Plaintitl~ to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compettsatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chaptu 80 of the Flawai'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the futtue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HdLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Coun does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolu[ioq and that no payments made nor releases or other consideration given shall be coastmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past faihrre or refusal on the part of the County to properly calculate and pay overtime compensation to PLtintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigatioa P. This Settlement Agnxment contains the entire agreement between the parties. It supersedes any and all rior a P Kteements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occuaence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, known or unlmowq present or future, that PLuntiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter no[ expressly set forth herein. - _ 9~ii lvy SIGNA OF PLAINTIF'F' DATE SOCIAL SECURITY NI JMBER: PLAINTIFF'S MAILING ADDRESS: AP RO D A ED: ATTORNE LAIIJTIFF ~RNEY F COUNTY <i c" , COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Tony Enriquez (hereinafter referred to as "Plaintifl") and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents [he total compromise, settlement, and release of all the claims arising from the Litigation. 6. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as `Yhe Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WI~REAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by Ute Court; the remaining four payments will be made annually on [he successive anniversaries of the firs[ payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $1,518.74. Of Plaintiff's total amount, $196.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff's total amount, $196.69 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $196.69 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $196.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount T1te balance of the total due to Plaintiff, $196.69, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the ternts of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $51 L62 and litigation costs of $23.64. Plainti ft's Attorney's Fees and Litigation Costs will he deducted oo a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plamnff. Aptu-t from making the payments m Paragraph E, above, dte Counry shall have no obligation [o Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNffY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime wmpensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an ageement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failrtte or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kinpd ~o~r character not expressly set forth herein. ~aa•r ~1. "Tir"r- ~ 10-01- o y SIGNA OF P DATE SOCIAL SECURITY NUMBER: PL 'S MAII.ING ADDRESS: . . RO ED: ATTORNEY FOR A]NTIFF ATTO~F COUNTY ~ 1O~y ~~Z 0 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Mark Evans (hereinafter referred to as "Plaintiffs and the County of I-Iawai'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referzed to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is requoed by Statutes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for a]] hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby scams, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent quzlifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensatioq liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Couttsel'~ [o prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; dre remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a tnrst account to be setup and managed by Plaintiffs' cocoutrsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in [um disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $5,076.16. Of Plaintiffs total amount, $657.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff's total amount, $657.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff's total amount, $657.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $657.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amotmt. The balance of the total due to Plaintiff, $657.42, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51.710.02 and litigation costs of $79.02_ Plaintiff s Attorney's Fees and Litigation Costs will he deducted nn a pro-ram basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart liom malting the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time competsaton, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does no[ approve this agreement, the [emrs and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or [hat may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all IZSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly fitigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants drat Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own tiee will and accord without reliance on any representati of any kind or character not expressly set forth herein. ~i~ SIGNA OF PLAINTIFF DATE ~ CVPct.IS SOCIAL SECURI'T'Y NiJMBER: PLAINTIFF'S MAILING ADDRESS: - _ ~ AP O G D: ~/7 /1~ ATTORNEY FOR AINTTFF ATTOI Y FO CO~JN"I'Y OCT 0 1 200 COMPROMISE SETTLEMENT, RELEASE AND INDEMNII']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Joseph Farias III (hereinafter refernd m as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff 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 Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fueatms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fnms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'PLtintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futttre arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a tors[ account to be set up and managed by Plaintiffs' co-counsel 5rm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs share of the gross settlement amount is $12,833.14. Of Plaintiffs total amount, $1,662.04 wtll be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on [he gross settlement amount. Of Plaintiffs total amount, $1,662.04 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,662.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on dte gross settlement amount. Of Plaintiffs total amount, $1,662.04 will be distributed [o Plaintiff from [he trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,662.04, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaimiffs attomey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of $4,323-I S and litigation costs of $19978. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed ands the Fau Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release iachtdes all such claims or causes of action for attorney's fees or coats, now or in the future, whether asserted in this litigation or not Plaintiff agrces that the County has established the Section 207(k) partial overtime exemption under dte FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing aPProP~m seffiement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agrcement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any sad all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to dte transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or utrlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtrre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accorcl without reliance on any represents ' n of an kind or character not expressly set forth herein. _ _.LO D O SIG% ATE SOCIAL SECURITY NUMBER: ~ PLA]NTIFF'S MAII.ING ADDRESS: ~ _ . - RO AG D: ' ATTORNEY FOR P ~RNEY~ COUNTY , oC~ ~ 5 10p4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Brad Feliciano (hereinafter referred to as "plaintiff and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims azising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stam[es; (2) by not compensating Plaintiff for pre-shifr and/or post-shifr briefing periods or other pre-shifr or post-shift periods of work; (3) by not complying with [he compensatory time off provisions of the Stam[es as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked ¢r work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including dre recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the r~Ain+ng four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of [he gross settlement amount is $3,720.68. Of Plaintiffs total amount, $481.87 will be distributed to Plaintiff from the trust account wiU»n 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $481.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $481.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $481.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $481.87, will be distributed to PlaintifF from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attomeys fees of $ I?53.40 and litigation costs of $57.92. PlaintitJ's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of dre payments made to dre Plaintiff. Apart Gom malting the payments in Paragraph P, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action~f~~py SEP S Uy kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or uolmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fxs a casts, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HO1,D HARMLESS the persons and entities released herein and agrees to INDEMNQ~ Y and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referted to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constroed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future wstly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that PLtintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, Present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past faihtre or refusal on the part of the County to properly calculate and pay overtime compensation to PLtintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~1~ ~IGNATTJRE F PLAIIVTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP OVE G D: t ATTORNEY F F A' O EY F G UNTY ~ 1ppy SEe ~ COMPROMISE SETTLEMENT, RELEASE AND IlYDEMIVITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Joseph Feliciano Sr (hereinafter referred to as "PlaintifF') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is requued by Stamtes; (2) by no[ compensating Plaintiff 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 Stamtes as they relate to the accmal and/or u[iliaation of compensatory time off; (4) by reyuiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions, (6) by not compensating Plainriff for all time worked in work-related navel; (7) by not compensating Plaintiff for the time spear in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (l l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimrs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred m collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory tune off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; dre remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fu'm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Coun[v. H. Plaintiff s share of the gross settlement amount is $4,294.67. Of Plaintiffs total amount, $SS6.21 will be distributed [o Plaintiff from the oust account within 30 days from the deposit into the bust account of the firs[ installment on the gross settlement amount. Of Plaintiff s total amount, $556.21 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $SS6.21 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $556.21 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on [he gross settlement amount The balance of the total due to Plaintiff, $556.21, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,446.76 and litigation costs of $66.36. Plaintiff's Attorneys Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' Counse( from each of the payments made to the Plaintdl. Apart from making the payments m Paragraph F, above, dte County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, dearands, or causes of action of any kind whatsoever for back wages, unpaid stralgh[ time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawal'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to [he terms of this Settlement Agreement and accepting the payment of monies pursuazrt to [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and H~.D HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or emits on Plaintiffs behalf, based upon any theory of recovery, whether at law or al equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and aereed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intertded to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refirsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in [his Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all clavns, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the par[ of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants [hat Plaintiff is of legal age and legally competent [o execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ZS ~ ZaD~ S NA O PL IFF DATE OCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: . AP O ED: 2 ATTORNEY FOR AINTIFF ATTO Y R CO OCR 1 11pp4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. I-his Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Arnold Fergerstrom (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the Counry of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Countv ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigatiod'), and represents the total compromtse, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes")None or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff 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 dte accrual and/or utiliution of compensatory time off; (4) by requirhrg Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for al] hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly competsate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futttre arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installtnen[ payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive arrniversaries of the first payment. G. The County will pay the settlement amounts to a [rust account to be set up and managed by Plaintiffs' co-counsel fitrrt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gress settlement amount is $2,038.16. Of Plaintiff s total amount, 5264.04 wiil be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $264.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount $264.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount $264.04 will be distributed [o Plaintiff from the trust account within 30 days tom the deposit into the trust account of the fourth installment on the gross settlement amount The balance of [he total due [o Plaintiff, $264.04, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 5686.8 1 and litieaton tons of S31 J4. Plaintiffs Attomev's Fees and I.itieation Costa will be deducted nn a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph P, above, dtc County shall have no obligation to Plamnff to ensure that the PlaintitPs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described hereur shall constitute a full and complete release, acquittal and discharge of the County from any and all clavns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes.l7ris release inchtdes all such claims or entrees of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207 (k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HdLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement Agreement but which may m the furore be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the tetras of this Agreement ate contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnTied in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior a P ggeements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own flee will and accord without reliance on any tepresen on of any kind or character of expressly set forth herein. ln- o~~b'~ SIG ATURE OF P F DATE SOCIAL SECURITY NT-JMB - - PLAINT'IFF'S MAILING ADDRESS: ~ AP RO D - - - - ATTORNEY FOR P ATTO Y F R O OCT 1 12004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Vernon Ferreira (hereinafter referred to as "Plaintiff') and the County of Hawal'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawal'i, Hawaii, its e]ected 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiffs regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for alt time worked irr work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by aot compensating Plaintiff for [he time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.6 t. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, ]ocated in Honolulu, Hawaii, which will in turn disbtuse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is 53,963.68. Of Plaintiff's total amount, $513.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $513.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $513.34 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $513.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [mst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $513.34, wdl be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $!,335.26 and litigation costs of $6L70. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-mta basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apan from making the payments in Paragraph F, above, dte Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein s constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of act1 any `e~. J kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the futttre, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HQLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may ta the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assigrunent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. Tn the event that the Court does not approve this agreement, the temts and conditions of this agreement shall no[ be referred [o by either party in the further Gtiga[ion of [his matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be construed as an admission of Lability, all liability being expressly dented. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently ualmown or that may be discovered in the futtre. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agrcement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully tmderstands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for aL overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord wiilrout reliance on any representa~tiojn/of/any kind or character not expressly set forth herein. GLac L~ t~ nl `Z7~~ ~ SIG' AIN'I'IFF DATE SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: APP O A - A RNEY FOR P ATTORNEY FOR CO v ~0~~ ~`e J COIVIPROMISE SETTLEMENT, RELEASE AND INDENINITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Joel Field (hereinafter referred to as "Plaintiff') and the County of Hawal'i, Hawaii. Those collectively referred to herein as "[he County" shall include the County of Hawaii, Hawaii, its elected otFcials, 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 them. This Settlement Agreement arises Liam a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the Ututed States District Court for the District of Hawai i (referted to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Lineation. B. WHEREAS, Plaintit has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shifr 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 accnral and/or utilizanou of compensatory time off; (4) by requiring Plaintiff to participate ut mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms: and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees om account of the alleged failure or refusal of [he County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the Gfigadon; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amotmt of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth bereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; dte remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay [he settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to [he Plaintiffs. Attorney's fees and linga[ion costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of dte gross settlement amount is $3,994.80. Of Plaintiffs total amount, $517.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of [he fast installment on the gross settlement amount Of Plaintiffs total amount, $517.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $517.37 will be distributed to Plaintiff from the trust account wtthin 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $517.37 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into [he trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $517.37, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the teens of Plaimiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of S 1.345,4 and litigation costs of$62 19_ PlaintitPs .Attorney's Fees and Lineation Costs will he deducted on a pro-rata basis by Plaintiffs' Cuunsel from each of the pawuents made to the PlamtitP. Apart from making the payment, in Paragraph F, above, the County shall have no obligation [o Plam[itf~to ensure that the Plaintiffs individual distribution is made. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. PlainntPs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys foes, injunctive or declaratory relief which Plaintiff has or . might have, known or unlmowq now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the [emu of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and Ht:7LD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND Hoch person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the furore be assered by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in egm[y, and whether made by way of subrogation. contract, assignment or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement the terrrrs and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the temu of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. NeveRheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties, It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff' warrants that Plaintiff is of legal age and legally competent [ execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any represea do of " y kind or character not expressly set forth herein. 1 _ ti~ ~ SIGN F PLAINTIFF ATE SOCIAL SECCJRITY NUMBF,R: PLAINT 'S MAILING ADDRESS: :APP OVE .4 F D: / r ATTORNEY FOR NT[FF A"ITORNEY FOR O Y r r Zr~4 VL? COMPROl1IISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement AgreemenP') is by and between Manuel Fragiao (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred 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 [hem. this Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the Distract of Hawaii (referzed to herein as the "Litigation"), and represents the total compromise, settlement, and release ofall the claims arising from [he Litigation. 13. WZ-IE121sAS, Plaintiff has clamed [hat the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised SlaNtes (collectively referred to as `the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Samtes as they relate to the accrual and/or utilisation of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions, (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent vt standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and Q 1) by not otherwise compensating Plaimiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join dte Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the firs[ payment. G. The County will pay the settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and Gtiga[ion costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $4,116.17. Of Plaintiff s total amount, $533.09 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $533.09 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $533.09 will be distributed [o Plaintiff from the trust account wtthin 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $533.09 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $533.09, will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaimiff is obligated to pay attomeys tees of $1,386.63 and liugazron coos of S6d.OR. Plaintiff,e A¢omey's Feee and Litigation Costs wdl be deducted on a pro-rata basis by Plamtitts' C ounscl from each of the paymeuts made to the I'lam[iff. Apart 1}om ntakmg dte payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any e kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensatoq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaza[ory relief which Plaintiff has or might have, lmown or unlmowq now existing, that either were or could have been filed under the Farr Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon Final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party ut the further htigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or oecunence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or un(mowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure of refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff watrauts that Plaintiff is of legal age and legally competent to ex to this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any r resentation of any or character not expressly set forth herein. q - ~ -~'f IGNATURE OF PL DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: RO G D: -f~- ATTORNEY FOR PLAINTIFF ATT RNEY O CO SEP 3 0 2004 COMPROMISE SETTLEMENT, RELEASE AMID INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Bradley Freitas (hereinafter referred to as "Plaintiff and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the Counry of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release ofall the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shifr 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 tune off (4) by requirurg Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions, (6) by not compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9j by not compensating Plaintiff for the time spent cleaning and maintaining County-issued veMcles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 Counry to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made awually on the successive anniversaries of the firs[ payment. G. The County will pay the settlement amounts to a trust account to be se[ up and managed by Plaintiffs' co-counsel fum of Winer, Meheula &Devens, LLP, located in Honolulu, Hawai i, which will ur rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $12,6"13.24. Of Plaintiff's total amount, $1,641.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff's total amount, $1,641.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,641.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into dte oust account of the third installment on the gross settlement amount Of Plaintiff's total amount, $1,641.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,641.33, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the temrs of Plaintiffs attorney's tee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,269?R and litigation costs of $197'9. Plaintiff's Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plamtit}s' Counsel from each of the pevmeuts made to the Plaintiff. Apart from makutg dre payments in Paragraph F, above, the Counry shall have no obligation to Plaintif}~ to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or uolmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys Fees or costs, now or in the Galore, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. Tn the event [hat the Court does not approve this agreement, [he terms and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that dte sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or cattses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between [he parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary [o or consistent with [he terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtiate compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly se[ forth herein. SIGNA OF PLAINTIFF DATE SOCIAL SECURITY NCIMBER: PLAINTnIFF'S MAILING ADDRESS: ' I AP ROV ED: _ ~ , ATTORNEY FO AINTIFF TTORNEY FO CO C~T 0 i 20e4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement AgreemenC~ is by and between Caroldeen Freitas (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Lineation. B. WHEREAS, Plaintiff has 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 [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay al] such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of [he Statutes as they relate to the accrual and/or utilization of compensatory time off, (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by rot compensating P!auieff fer al] tune worked in work-related travel; (7) by not compensating Plat.~tiff for the time spent in standby slams, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff For hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cou»sel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire [o compromise and settle all claims and causes of action of 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 fiilly and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory tune off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' cocouasel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of fhe gross settlement amount is $7,1 15.55. OFPlaintiff s total amount, $92 L5~ will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $921.55 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $921.55 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $921.55 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the mist account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $921.55, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaimiffs attorney's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attorney's fees of 52.397.04 and litigation costs of 5110.77_ Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made w the Plaintiff. Apart fiom making [he payments in Y.uagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaimiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, urrpaid overtime compensation, any failure to comply with compeacatory time off provisions, liquidated damages, interest, costs, attorneys foes, injunctive or declaratory relief which Plaintiff has or might have, known or urrlmown, now existing, that either were or could have been Sled under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costa imw a m the Suure, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this SeWement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which ate released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and aisputed chtims, avoid litigation, and obtain a peacefiil resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly derried. O. Plaintiff understatds and agrees that Plaintiff may have suffered damages that arepresentiy utrknown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past Srilurc or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the Cormty denies any and all liability and that this SeWement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or wnsistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNA ~ PLAIN F !DATE SOCIAL SECiJRI'I'Y NCJMBER: PLAINTIFF'S MAII.ING ADDRESS: AP RO D G D: -'-1G2 ATTORNEY FOR ~ ~;/RNE//!/y OR CO OCR O 1 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agrcement (hereinafter referred to as the "Settlement Agreement's is by and between Jetirey Hirai (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojXawai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed [hat 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ 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 plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at [raining sessions, (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff For missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment paymenu of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the re*~+p~*t~g four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which wID in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintit3's share of the gross settlement amount is $2,637.87. Of Plaintiff s total amount, $34 Lti4 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount Of Plaintiffs total amount, $341.64 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trttst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $341.64 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $34 L64 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $341.64, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the [rust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $888.63 and litigation costs ofS41-O6. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the payments made [o the Plaintiff. Apart from making the payments in Paragraph F, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiff s hrdividual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chaptu 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the talus, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlemrnt Agreemrnt and accepting the paymrnt of monies pursuant m this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may N the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreemrnt, the terms and conditions of this agreement shall no[ be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that [he temts of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are m compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Setflemrnt Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or cattses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreemrnt between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlemrnt Agreement exist TLis Settlemrnt Agreemrnt is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that PLtintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all clavns, known or unlmowq present or future, that PLuntiff has or may have against the person and rntiles released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that plaintiff is of legal age and legally competrnt to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any repres~enftat~io~n of any kind or character not expressly set forth herein. ~l.~LfA?-~JL- ~c~ ~~.5- ~O~l OF PLAIN'ITFF DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: APP G - _ //~J ATTORNEY FOR P ~ ATl'ORNEy F C ~QD C~ \ J J~' COMPROMLS& SEITLEMBdV'1', urrr ys~ AND ILVDEMNTi'Y AGREI~' A. This Compromise SaWentmt, Release. and lndemnitY Agrxmeot (hereinafter referred m n the"Settlement Agreemeot'~ ie by mdbelween 1VIIehed HN (hereimfhrr refeaed m n "Pleintif~ and the Cotmty ofHaavafi, Hawm'L Those collectively refeaed m herein n "the Caaaty' shell include the County of Hawm'i, Hawm'i, its elected officials, employee, agents, end servants, pest and present, their , eaeigns, ataesaora in iateres~ end all others who az any time have been in privity with them or any of tbem. This Settlement Agreement arises hem a sattlamaotmachedm the lawsuit of Spr{neerv Coenry ofAatvcl'{ Civil No. 02-00289 ICSC, riled in the united Stain District Court for the Dimict ofHawm'i (referred m heroin n the "Litigation'q, and represents the mtal compromise, settlement, and mleau of all the claims arising from the Litigation. B. WIGS, Plaintiff has claimed that the County has violated Ore Fair Labor Standards Act (FI,SA) and Chapter 80 of the Hawei'i Revised Stam[es (collectively referred m as'•the Statutes' in one or moo: of Ote following manners; (1) by feiliag m property compensate Pleintifffor overtime worked by reason of its failure m include in Ore calculation ofPhrintif3's regular rate of pay all such compeoeatien es is required by Statutes; (2) by not compensating PLrinttffforpre-shift and/or poet-shift briefing periods or otlxr pre-shift orpoat-shift periods of arodG (3) by not c~plyiug with the compensatory time offprovisiom of the Smtutee n they mlate m the accrue! and/tr otrlizetion of compensamry time o$ (4) by PL+intiff m pazticipam in mandatory medical evaluations or examiaetione without the payment of compensaton; by rot compensating Plaintiff for all hours worked n en instruemr or student at training sessions; by sot rxmpensatmg Plaintiff for all time worked inwork-related bevel; f7) by rot compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiffformissedand/or mtemrpted meal lxriads; (9) by not compensating Plaintiff for the time spent claeaing end maintaining County-issued vehicles; (10) by not compensating Plaintiff far the time spent queGfying with 5rmnas; end (11) by sot aOterwisa enmpensatng Plaintiff for hours worked on the County's behaft; C. WHEREAS, PLtiatiff has consented to join the Litigation seeking m reooverunpaid overtime compensation, liquidated damages and ettamays fen on account of rite alleged fatluro ar refusal of Ora County m properly wmpemate Pleintifffor all time wodted fw ar en bahelfof the County, end has mined the Iaw Sans of Winer, Meharla & Devem, LLP and Aitchison do Vick (refetxed to collectvely n "PLtmti>fa' Coumef~ m prosecute the litigation; and, D. WHEREAS. bona fide dispatn end controvasiq existbatween the per6ess, both as m liability end the amount of damages, if say, and by reason of such dispatm and oonnoveraies the parties hereto desire m compromise and settle all claims.end causes of action of any kind which Phtintiffhn or may have in the future arising out of or refitted m any past>ia7ure m mhtsal on the part of the County m fully and completely campeneete Plaintiff for all overtime hours wodred and m comply with the compememry lima offprovisioa of the Stamtas; E. NOW, THIItEFORE, Sor and in coasidetution of the mntael promises and agreesamh berein contained, including the recitals ea Cuthhereinabovgandthe menetery conaideratian m be axcheaged, the patties agree n follows: F. The tins] aggregate sdtlemmt ematmt 1nr all Pleiati138 in this matter is S1~26,923.05, payable in five separate instalhneiat payments of 5265,384.61. The first payment wr71 be payable within 30 days of final approval of this Agreement by the Court; the remaining four peymoah wrTl be made annually on the strcceasive amivetserin of the Scat payment G. The Coenty wr71 pay the settkmeot amounts m a trust account m be set up and managed by Plaintiffs' co-counsel Sim of Winer, Mehenla dt Devtms, LLP, ]scared in Honohriu, Hawm'i, which will in /um diabtttae the eppropriahs payments m the Plaintiffs. Attomey'e foes and litigetien cr>ats wiII be satisfied by Plaintiffs out of the amounts received from the Cotmty. ;i Plaintil}'s share of the gross settlemem amount is 55,845.95.Of Plaintiff s torsi amount, 5757.12 will be distributed m Plaintiff from the oust ect:Olmt within 30 days from the deposit inm the trust eccoent of the Scat iastalhnent en the gross settlement amotmt OfPlaintiffa total amount, 5757.12 will be distrt'bnted m Plaintiff from the trust account within 30 days from the deposit into Ure bust account of the second installment on the gross settlement amount t7f Plaintiffs mrei amaum, 5757.12 wr71 be distributed m Plaintiff from the trust scanner within 30 days from the deposit lam the tout account of the thirdmstallment on Ore gross setlemem amount Of Plantffs loin] anmunf, 5757.12 will be distributed m Plaintiff ham the tmst accoum within 30 days from the deposit into the trust account of the 6oorth iustallmem on the gross setOemem amount The balance of the rota] due m Pleinti~ 5757.12, wIIl be dietrrbuted to Plaintiff from the truer account within 30 days linen the deposit rein the trust account of the fifth installment oa Ore gross settlement amotmt Under the terms of Plaintiff s atmroey's fee agreement wiOt Plaintif3's' Counsel, Plaintiff is obligated m pay atmmey's fees of 516935 sad ]itigafien cosm of 591.00. Plaintiffs Atromey's Fees and Litigation Costa wrTl be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymenu made m the Plantil Apart from malting the payments in Paragraph F, above, the County shall have no obligation m Plaintiff to ensuro that the Plainti$'s individual distrtbuticn is made. I. Plaintifl's1vrO be solely responsible for the payment of any income or other taxes ou the emounu paid m or on behalf of Plaintiff J. PLtintiff s execution of this Settlement Agroement end aocepteacs of the monetary enmpeneation deecnbed herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or anuses of action of any kind whosoever for back wages, unpaid straight time compeosation, tmpaid overtimo compenaatioq any failum m campky wi0t compensatory time off provision, Gquidattd damages, interest, cosec, atmmeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or utrknown, now existing, that either wew or could have been tiled under the Fair Iabot Standards Ac[ and/or Chapter 80 of the Hawar'i Revised Stattttes. This relcnse ialudes ell such claims or causes of action for attormy's fees or casts, now or in the Cutrue, whether assachxl in this litigation a rot Plaintiff agrees that the County has established 16e Section 207(k) partial overtime exemption undo the FLSA. K By agreeing [o the terms of this Settlement Agreement end arxxpting the payment of monies ptuauant to this SoClemen[ Agttemen~ Pleinti8'egrees to end dace hereby SAVE and HOLD I7ARMT FeS the persons and entities released herein and agtrxs to ]NDE[vINIFY and DEFEND such person and entities from say and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plainti$ or by another individual or entity on Plaintiff s behalf, based upon any theory of [ecovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate setdement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, rice terms and conditions of this agreement shall not be refenxd m by either party in the further litigation of this matter. N. It i9 expressly understood end agreed that rice terms of this Agreement act conuactual and not merely recitals and that the agreements contained heroin and the conrideratron transferred are m compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments merit nor releases or other consideration given shall be consmred es mm admission of liabrlity, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have su1£ere~damages that ere presently unlmown or that maybe discovered in the future. Nevertheless, PLuntiff acknowledges that the soma m be paid inconsideration of t&a Settlement Agreement are intended to and shall release mmd discharge mmY and all FLSA, Chapter 80, or other clainte, demands, or causes of action of any kind whatsoever arising out of or related to any past fmlure or refusal on the paR of the County ro properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if frrrtlrer understood and agreed that the County denies any mmd all liebrb'ty and that this Settlement Agreement, ie not mm admission of liablity, but mm agreement to avoid future costly litigation. P. This Set[lemem Agreement contains the entire agreement between the parties. It supersede any and all Prior agreements, aztaogtmenffi, or tmdorstmmdmgs between the parties on ell subjects in any way related to the rra~aaM;,,.. or occurtence described in this Setdement Agrxmeat No mat unde[stmmdmgs, statements, promises, or inducements contrary to as consistent with the terms of this Settlement Agreement exist This Settksnent Agreement is not subject to any moditiption, waiver, of addition. Any chmmge in this egreemert may only be by means of a writing signed by all parties. Q. The undesigned Plaintiff warrants that Plaintiff has read this Setflement Agreement and fully tmderetmmds it to be a compromise end settlement and release of all cra+~s, known orunlmown, present or future, that Plaintiffhas or may have against the person mmd entities released, arising out of or relating to mmy pest facture or rofusal oa the part of the County ro properly calculate and Pay overtime compensation tv Plainti$'for all overtime home wodked. Tho undersigned Plaintiff werrmmb that Plainfiffis of legal age and legally competent to execute this agreement mmd that Plaintiff does so of Plaintiff s own free well and accord without relimmce on any representation f any or expressly set forth herein. -~L l~- ~ZO - GAL - SIGNATURE OF PLAINTIFF DATE SOCIAL SEC[iR1TY NiIMBER PLAINTIFF'S MAILING ADDRESS: APP _ Z ATTORNEY FOR PLAINTIFF ~ ATTORNEY F CO '1~~v L C COMPROI~IISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refemd to as the "Settlement Agreement") is by and between Robert Hironaka (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regular mte of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked ur work-related travel: (7) by not compensating Plaintiff for the time spent ¢t standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the [vne spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refiisal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fumy of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Pktintiff 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 fully and completely competsate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including [he recitals set forth hereirtabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for al] Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments [o the Plaintiffs. Attorney's fees and htigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $4,919.67. Of Plaintiff s total amount, $637.15 will be disuibuted to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $637.15 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $637.15 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $637.15 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $637.15, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tms[ account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $L6S7.31 and litigation costs of $7559. Plaintiffs Attorney's Fees and Litigation COSLC will be deducted nn a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plainulf~. Apart trom making dte payments in Paragraph F, above, the County shall have no obligation [o Plaintiff to ensure that the Plaintiffs individual distnbution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any S 0 p 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been 51ed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, now or is the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under fhe FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the even[ that the Court does not approve this agreement, the tents and conditions of this agreement shall not be referred to by either party in the further htgation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related m any past failure or refusal on the part of the County to properly calculate and pay overtime wmpensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agrxments, arrangements, or understandings between the parties on all subjects in any way rehtted to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own freewill and accord without reliance on any representation of any kind or character not expressly set forth herein. ~~~0 ~-z~-~~ SIG TURF OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIF'F'S MAILING ADDRESS: APP OVE G ~ED: ATTORNEY FOR P ATTORNEY O COL2~~ ~Q~~ n Cf? J J~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Darren Horio (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, them transferees, assigns, successors in interest, and all others who at any time have been in privity with [hem or any of them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, fled in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff 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 Plaintiff for pre-shifr and/or post-shift briefing periods or other pre-shifr or post-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an ins[mctor or student at training sessions, (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & V ick (referred to collectively as'Tlaintitfs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 land 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, "THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made awually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Deveas, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments [o the Plainaffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement anrount is $5,350.56. Of Plaintiff's total amount, $692.96 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $692.96 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $692.96 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $692.96 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $692.96, will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaimiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,302.46 and litigation costs of $3319 Plaintiff s Auomey's fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments madc to dre Plamtitl- Apart from making the paymen is in Paragraph F, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Curare, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plavttiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlarown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificadoq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, knovm or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the paR of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any kind or character no[ expressly set forth herein. ..w ~ d4' d3~~`~ ATURE OF PLAINTIFF DATE SOCIAL SECURffY NUMBER: PLAIN'ITFF'S MAILING ADDRESS: APPR ATTORNEY FOR P IFF TTORNEY FOR OUNTY SEA' 2 ' 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement AgreemenP') is by and between Derwin Ignacio (hereinafter referred m as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawal'i, Hawal'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v County ojHmvai F, Civil No. 02-00289 KSC, filed in [he United Stales District Court for the Distract of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes'") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shin or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hoots worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for t}te time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearrrts; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 Cully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $3,678.22. Of Plaintiff s total amount, $476.37 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount Of Plaintiff s total amount, $476.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $476.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $476.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $476.37, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the [errtts of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,239.10 and litigation costs of $17.26. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-mta basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of [he County from any and all claims, demands, or causes of action of any ,LQbt ~7 N c land whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the tents of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the furtter litigation of this matter. N. I[ is expressly understood and agreed that the terms of [his Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be continred as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shalt release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modi5cation, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agrcement and fully understands it to be a compromise and settlement and release of all claims, ]mown or unknown, present or future, that Plaintiff ]vts or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNAT[1RE OF PLAINT'IFT DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII,ING ADDRESS: APPR ED: ATTORNEY FOR ATTORNEY FO COUNTY ,Lc~~ r, s't c COMEROMISE SETTLEMENT, RELEASE AND INDEMNII'1' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Gregory Ikeda (hereinafter referred ro as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors th interest, and all others who at any time have been th privity with them or anv of them. This Settlement Agreement arises from a settlement reached in the jawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. I3. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Ac[ (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (I) by failing to property compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 oft; (4) by reyuiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensa[atg Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked thwork-related travel; (7) by not compensating Plaintiff for the time spent th standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining Four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in cum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s share of the gross settiement amount is $7,833.67. Of Plaintiff s total amount, $1,014.55 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,014.55 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tins[ account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,014.55 will be distributed to Plaintiff from the trust account within 30 days tiom the deposit mto the [cost account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,014.55 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,014.55, will be distnbuted to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plain[it~t~s' Counsel, Plaintiff is obligated to pay attorney's fees of S2.fi38 9fi and litigation costs ofQ121.95. PlaintitTs Attorney's Fees and Lineation Costs will be deducted on a pro-rata basis by Plamtiffs~ Counsel from each of dte paymenL~ made to the Plainnft- Apart from making the payments m Paragraph F, above, dte Comrty shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for [he payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County tram any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might Gave, known or unlmowa, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all clavns, demands, or causes of action which are released by [his Settlement Agreement but which may in the future he asserted by Plaintiff or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. in the event Iha[ the Court does not approve this agreement, the terms and conditions of tins agreement shall not be refened to by either party at the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contracNal and no[ merely recitals and Iha[ the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in nay way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wanants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. sk,Q~. _ x,_22-0~ SI A F PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP RO A G D: ATTORNEY FOR PLAIN'T'IFF ATTO Y F' COUT ~~Qt~ ~ c ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and betwcen Travis Ing (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawal'i. Those collectively referred to herein as "the Count}' shall include the County of Hawai i, 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 them. This Settlemrnt Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States Disttict Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collecitvely referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include al the calculation of Plaintiffs regular mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with [he compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaht[iff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by rot compensating Plaintiff for missed and/or interrupted meal periods; (9) by not .;ompensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute [he litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies [he parties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on [he part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with [he compensatory time offprovision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. - H. Plaintiff s share of the gross settlement amount is $4,464.16. Of Plaintiff s total amount, $578.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $578.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $578. l6 will be distributed to Plaintiff from the trust account widtm 30 days from the deposit into the trust account of the thud installment nn the gross settlement amount. Of PlaintifFs total amount, $578.16 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $578. l6, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the teens of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S Ls03.86 and litigation assts of $A9 49. Plaintiff's Attorney's Fees and Litigation Costs will he deducted nn a pro-rata basis by Plaintif}'s' Qnnscl from eadr otdte payments made to the Plamtit7. Apart from making the payments in Paragraph P, above, the County shall have no obligation to Plaintiff to ensure drat the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible foe the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compeasatioq any failure to comply wittt compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revived Statutes. This release includes all such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. R. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS rite persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any t}teory of recovery, whether at ]aw or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court In the event that the Court does not approve this agreement, the teens and conditions of this agreement shall no[ be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refirsal on the part of the County to properly calculate and pay overtime compensation to Pktintiff for all oveRime hours worked as described in this Agreement It if farther understood and agreed that the County denies any and all liability and that this Setflement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior p agreements, ariangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any madificatioq waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Setflement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmown or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that PLtintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own fine will and accord witrtout reliance on any representation o any kind or character not expressly set forth herein. !v- g~-dw SIGN TURF OF P DATE SOCIAL SECURITY NUMBER PLAINTIFF'S MAII.ING ADDRESS: APP AG D: ATTORNEY FOR PLAINTIFF T{ ORIYE-Y FO~C~ OCR 15 200y COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. Ibis Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Veraoa Ing (hereinafter referred to as `Tlaintiff') and the County of Hawaii, Hawal'i. Those collectively referred to herein as "[he Coun[}~' 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 them. This Settlement Agreement arises from a settlement reached in the ~ywsui[ of Springer v. County ojXawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Stamtes") in one or more of the following manners (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Sta[u[es; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefmg periods or other pre-shifr or post-shifr periods of work; (3) by not complying with [he compensatory time off provisions of the Statutes as they relate to the accrual and/or utilizatioo of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (]0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (refemd to collectively as'Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $4,180.77. Of Plaintiff s total amount, $541.46 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $541.46 will be distributed to Plaintiff from the nrtst account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $541.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $541.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $541.46, will be distributed to Plaintiff from the trust accotmt within 30 days from the deposit into the [mst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,40ft.39 and litigation costs of $65.OR. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymenLS made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensatoq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or is the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) pttrtial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the CouR. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the SeWement Agreement are intended to and shall release and discharge any and all FISH, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as descnhed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the paRies. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modiScatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmown or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past falltue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~~G(/iJ2~/yli SIGNATURE OF PLAIN"FIEF DATE SOCIAL SECT JRITY NUMBER: ll _ PLAINT'IFF'S MAILING ADDRESS: APP O GRE _ ~ ATTORNEY FOR PL O Y FOR O . t r CJ`~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Don Ishii (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, [heu transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the Distract of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Lineation. 6. WHEREAS. Plaintiff has claimed chat the Counry has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stam[es; (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate in mandatory medical evaluations or examinanoas without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or intenupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of Snal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. H. Plaintiffs shaze of the gross settlement amount is $2,118.55. Of Plaintiffs mta] amount, $274.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he first installment on the gross settlement amount Of Plaintiff s total amount, $274.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $274.38 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into fhe trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, .$274.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross se[ement amount. The balance of the total due to Plaintiff, $274.38, will be distributed to Plaintiff from the wst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 5713.68 and litigation costs of 832 98. Plaintiffs Attomey't Fees :md Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' Couascl Gom rich ~~I thr payments made to the Plainu fl. Apart Gum m;ilcing the payments m Paragrtph 1, ubo~e, the County shall have no obligation to Plainutl to easure that the Plaintit~'s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plainutl. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation any Eaihrre to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declazatory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the tuture be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. Tbis agreement is contingent upon fmal approval of this agreement by the CouR. In the event that the Court does not approve this agreement, the terrns and conditions of this agreement shall no[ be referred ro by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze conttactual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sttms to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or cattses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described is this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and setlement and release of all claims, known or unlmown, present or future, that PLtintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff' for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any rep ration of any kind,Or ch cter not expressly set forth herein. L// SI ATURE OF PLAINTIFF DA SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: / ~ AP D AG D: ~ , ~r ATTORNEY FOR PLAIN'T'IFF ATTORNEY F COUN'T'Y $ 3 0 2004 COMPROMISE SET"I'LEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Randal Ishu (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for [he District of Hawai i (referred to herein as the "Li[igatiod'), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include m the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by no[ compensating Plaintiff 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 Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related Navel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missedand/or intermp[ed meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of dte County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with [he compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. H. Plaintiffs share of the gross settlement amount is $13,149.91. Of Plaintiffs total amount, $1,703.07 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the tmst account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $1,703.07 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,703.07 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $1,703.07 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $1,703.07, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the [rust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $4,429.86 and IitSgation costs of $204J 1. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, dte County shall have no obligation to Plaintifhto ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any SEP 2 '7 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime cempensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declarntory relief which Plaintiff has or might have, known or ualmowq now existing, that either were or could have been filed tinder Ste Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such claims or causes of action for attorney's fees or costs, now or in the fugue, whether asserted in this litigation or not Plaintiff agrees that dte County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant ip this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the considerntion transferred are to compromise doubtful and disputed claims, avoid litigating and obtain a peaceful resolutioq and that no payments made nor releases or other considerntion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all IZSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past faihue or refusal on the par[ of the Cowty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed is this Agreement. It if fiuther tmderstood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occutnence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, Imown or uttknowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or charncter not expressly set forth herein. z z -o y SIGN OF PLAIN'T'IFF DATE SOCIAL SECURITY NUMBER: _ PLAINTIFF'S MAILING ADDRESS: APP O G ED: ATTORNEY FOR PLAINTIFF TTORNEY FO COUNTY SEP 2 7 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between John Kahalioumi (hereinafter referred to as "Plaintiffs and Ute County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include [he 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojAawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of al] the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Sta[u[es (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not competrsa[ing Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `TlaintifEs' Counsel") to prosecute dte litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the paRies agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $5,770.39. Of Plaintiffs total amount, $747.33 will be distributed to Plaintiff' fiom the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $747.33 will be distibu[ed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $747.33 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $747.33 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $747.33, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,943.89 and litigation costs of $89.83. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aU such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by [he Court. In the event that the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred to by either parry in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreemer:[ aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past faihree or refirsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, anattgements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agrcement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNrCTI1RE OF PLAINTIFF DATE SOCIAL SECLIRI"['Y NUMBER: PLAINITFF'S MAILING ADDRESS: AP O D: ` A RNEY FO P IFF ATTORNEY F C OC~ ~ ~ 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indeatnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Belinda ICahiwa (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refernd to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the )awsuit of Springer v. County ojliawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fav Labor Standards Act (ELBA) and Chapter 30 of the Hawaii Revised Sautes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include ut the calculation of Plaintiffs regulaz m[e of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shifr or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Samtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") u prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire u compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related u any past failure or refttsal on the patt of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considem[ion of [he mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a tmst account ro be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in loin disburse the appropriate payments to the Plaintiffs. Attoney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $4,329.77. Of Plaintiff s total amount, $560.76 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount. Of Plaintiff s total amount, $560.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $560.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $560.76 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the nest account ofthe fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $560.76, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's nttomey's- fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,45RS9 and litigation costs of 567.40. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unimown, now existing, that either were or could have been filed under [he Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff. or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by [he Court. In the event [hat the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. [t is expressly understood and agreed that [he tears of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfeaed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied., O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. NeveRheless, Plaintiff acknowledges that [he sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to dte transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff waaants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of dte County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff waaants that Plaintiff is of legal age and legally competes[ to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any repre11sentation of any kind or chazacter no[ expressly set forth herein. S NATURE OF PLAINTIFF DATE SOCIAL SECURITY NUb1BER: PLAIN"I'(FF'S MAILING ADDRESS: .APP O A _ ~ ATTORNEY FOR PLA NTIFF ATTORNE FO COUNTY sEP 2 7 loon COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Stanley Kama Jr (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the ]pwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 utilisation of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hottrs worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seelang to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refirsal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, ff any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any land 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ruin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $7,194.83. Of Plaintiff's total amount, $931.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $931.82 wdl be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $931.82 will be distributed to Plaintiff fiom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amotmt. Of Plaintiffs total amount, $931.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $931.82, wil] be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,423.75 and litigation costs of $112.00- Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made [o the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaramry relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, mw or in dte future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the seffiement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the ternts and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the [erns of this Agreement are contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temrs of this Setflement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff' for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own flee will and accord without reliance on any rep ta 'on of d o character no[ expressly set forth herein. ~sO.OG- O~~ I O DATE SOCIAL SECURI NUMBER: _ _ PLAINT"IFF'S MAII.ING ADDRESS: -T APP ~ ATTORNEY FOR PLAIIJ'T'IFF ATTORNEY FOR O U OCj 1 11~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement Agreemrn[") is by and between Roger Kalua (hereinafter referred to as "Plaintiff') and the Counry of Hawaii, Hawaii. Those collectively referred 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 tune have been m privity with them or any of them. This Settlement Agreement arises from a settlement reached in the Jawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has clauned that the County has violated the Fau Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiff's regulaz mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shifr or post-shift periods of work; (3) by not complying with [he compensatory tune off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmcmr or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related [ravel; (7) by no[ compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining Counry-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireamu; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation sceking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred m collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related m any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and m comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetazy consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the first payment. G. The County will pay the settlement amounts m a [nut account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $2,462.44. Of PlaintifYs total amount, $318.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount Of Plaintiffs total amount, $318.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $318.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $318.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $318.91, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $829.53 and litigation costs of $38.33. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made [o the Plaintiff. Apart from making the payments in Paragraph F, above, the Cowrry shall have no obligation to Plaintiff to ensure [hat the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or urilmowv, now existing, that eiUrer were or could have been filed under the Fav Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement :A_reemem but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory oCrecovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the event [hat the Court does not approve dtis agreement, tare terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees Urat Plaintiff may have suffered damages that aze presently unknown or Urat may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other clauns, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refirsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in this Agreement. It if fiuther understood and agreed that the County denies any and all liability and [ha[ this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occunence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. Ibis Se[ement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants Urat Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord wiUrout reliance on any representation of any kind or chazacter not expressly set forth herein. z 3-~Y SIGNA OF PLAINTIFp DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: " ' - ATTORNEY FOR PL IFF TTORNEY FOR COUNT SEP 2 7 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Paul Fukuda (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz mte of pay all such compensation as is required by Stam[es; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or exantinatiotns without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in staidby sums; (8) by not compensating Plaintiff for missed and'or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover tmpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Thtintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and catues of action of any kind which Plaintiff has or may have in [he futttre arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary considerntion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in Rve separate installment payments of $265,384.61. The fast payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive artniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $25,77054. Of Plaintiff's total amount, $3,337.59 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $3,337.59 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $3,337.59 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the third installment on the gross settlement amount Of Plaintiffs total amount, $3,337.59 will be distributed to PlaintiR~ Rom the tout account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $3,337.59, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of PlaintiR's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $R,681.42 and litigation costs of $401.17. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by PlainuRs' Counsel from each of the payments made to the PlaintitT. Apart Gom making the payments in Paragraph F, above, the County shall have no obligation to Plaintith to ensure that the YlaintitPs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other tares on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action 1~A4 c'~ cY U`~ kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or urilarown, now existing, that either were or could have been filed under the Fair Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Stam[es. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement .Agreement but which may in the tumre be assartcd by Plaintiff. or by another mdiv~duul or amity on Plaurti$~~ behalf, based upon any theory of recovery, whedter at law or in eymty, and whether made by way of subrogation, conuact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze eonuaemal and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums m be paid in consideration of the Settlement Agreement aze intended to and shall release and dischazge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as described in Otis Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in [his agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, [hat Plaintiff has or may have against the pe nand entities released, arising out of or relating to any pas[ failure or refusal on the part of the County to properly calculate and pay ov~ime compe tion to Plaintiff for al] overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and leg lly compel to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any repi esentation any kind or character not expressly set forth herein. - ~-22' r~ S NATURE LAINTIFF DATE , SOCIAL SECURITY >lLJMBER: t PLAINTIFF'S MAILING ADDRESS: AP RO L- rAN .D: I ATTORNEY FOR INTIFF ATTO Y Ft9R t 1~~~ ~ ~ ' J~~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Chadwick Fukui (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Counry" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present, they transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and relea_ce of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawai' i Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff for pre-shifr 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 accmal and/or utilization of compensatory time oft; (4) by requiring Plaintiff to parttcipa[e in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the Counry's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, ff 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 which Plaintiff has or may have in the future arising out of or related to any past failtrre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in Eve separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $5,822.70. Of Plaintiff s total amount, $754.11 will be distributed to Plaintiff from [he trust account within 30 days Erom [he deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $754. I 1 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tryst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $754. I 1 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $754.11 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff; $754.11, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tru.;t account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with PlaintitFs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,961.57 and liti~,ation costs of $9Q64. Plaintiffs Attomev's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Ap:ut From making the payments in Paragraph F, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any r~ ~ 2~~4 Jt-t J kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agrceing ro the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to [NDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Sattletnent Agreement but which may in die future be asserted by Plaintiff or by another individual or amity on PlamtitPs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration Vansferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or tmderstandings between the parties on all subjects in any way related to the transaction or oecutrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements conttary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The tndersigned Plaintiff wannts that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, azising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent ute [his agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any reprffsentation of any kin ch act t expressly set forth herein. SIGNATURE OF PLAIN'T'IFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: - APP O D A ED: , A ORNEY F F ATTORNEY FO CO v`~ g 0 10p4 COMPRONIISE SETTLEMENT, RELEASE AND INDEMNTJ'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Llewellyn Fukui (hereinafter referred to as "Plaindff~ and [he County of Hawaii, Hawaii. Those collectively referred to herein as'Yhe 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 bcen in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County oJNawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawai i (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (ELBA) and Chapter 80 of the Hawaii Revised Samtes (collectively referred to as "the Statutes")alone or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff 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 [hey relate to dte accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fueanns; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in dte future arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amotmts to a trust account to be set up and managed by Plaintiffs' co-cotrosel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $12,905.69. Of Plaintiff s total amount, $1,671.44 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $1,671.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tntst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,67 L44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,671.44 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tnrs[ account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,671.44, will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,347.59 and litigation costs of S20Q90. Plaintiffs Attorney's Fees and Litigation Coscs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made [o the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaimiff to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid svaight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such ctavns or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement Plaintiff agrees to and does hereby SAVE and E{OLD HARMLESS [he persons and entities released herein and agrees [o INDEMNILY and DEFEND such person and entities Gom any and all claims. demands, or causes of action which are released by this Scalemcnt :Agreement but ~rlnch mev in the Inmre he ?s_<crred b} Plainu ft, or by another mdicidual or enure on Plaintiil', behalf, based upon any theory of recovery, whether at law or m equity. and whether made by way of subrogation. contract, assignment, or otherwise. L. This agreement is contingent upon 95"/0 of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the evem that the Court does not approve rhts agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. 1[ is expressly understood and agreed that dre ter,TS of this Agreement are convactual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. I[ if further understood and agreed [hat the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Setdement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between [he parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read [his Settlement Agreement and fully tmderstands it [o be a compromise and settlement and release of all claims, known or utrlmown, present or future, that Plaintiff has or may have against [he person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or char~~a-/c/ter not expressly set forth herein. ~~''c~/C fir?. ~ f. 77n_~~ ~ O 3D SI NATURE OF .AINTIPF DATE SOCIAL SECURITI' NUY(BER: PLAINT 'S MAILING ADDRESS: AP 2OV :AN) GR_ ~ ~ ~ ATTORNEY FOK PL:yINTIFF / .ATTORNEY Fe CO oC~ ~ 41~0'~ COMPROI~IISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between John Gandolf, Jr (hereinafter referred to as "Plaintiff 7 and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Countyr' shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation_ B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stam[es (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 S[am[es as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees oa account of the alleged failtue or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as "Plaintiffs' Counsel's m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controvetsies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and catrses of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the rP aa~g four payments will be made annually on the successive anniversaries of the first payment G. The County will pay die settlement amounts to a tmst account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tam disburse die appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. H. Plaintiff s share of the gross settlement amount is $9,655.20. Of Plaintiff's total amount, $1,250.46 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the first installment on the gross senlement amount Of Plaintiff s total amount, $1,250.46 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,250.46 will be distributed to Plaintiff from the oust account within 30 days from the deposit into [he tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $1,250.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,250.46, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of $3.25258 and litigation costs of S 150.30. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a fu0 and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure to comply with compensatory tune off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or m the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumrc be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. Phis agreement is contingent upon 95% of the Plaintiffs in the Litigation conserving to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either parry m the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considem[ion given shall be consimed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently trnlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stuns to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past faihue or refirsal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oml understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtone hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazac[er not expressly se[ forth herein. SI ATURli OF PL F DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP D A - ~ - ATTORNEY FOR PL F ATTO Y F C OCT 0 u 1~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Raymond Gandolf (hereinafter referred to as "Plaintiff ~ and the County of I-Iawai'i, Hawaii. Iltose collectively referred [o 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the clavns arising from the Litigation. B. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff' for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent quahfying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation sceking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime bouts worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate instalhnen[ payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive annivetsazies of the fast payment G. The County will pay the settlement amounts to a trust account to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in [um disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs share of the gross settlement amount is $7,329.76. Of Plaintiff's total amount, $949.29 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $949.29 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $949.29 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on Ute gross settlement amount. Of Plaintiffs total amount, $94929 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $949.29, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the bust account of the fifth installment on [he gross settlement amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $2,469.20 and litigation costs of $114.10. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made to [he Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any SEP 8 0 2~~4 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or [nigh[ have, known or unlmown, now existing, that either were or could have been Filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by [he Court. Tn the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Lability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently tmlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and aL FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and [hat this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litgaton. P. T7»s Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Setflement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. I1te undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent [o execute this agreement and that Plaintiff does so of Plaintiff's own &ee will and accord without reliance on any representation of a~y ki~nd-or character not expressly set forth herein. c~~f~~7~` 9- Z 7 -o d SI ATURE OF P AINTff'F ~ DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: AP O G D: ATTORNEY FOR AINTIFF FO~~ sEP s o 2ooa COMPROMISE SETTLEMENT, RELEASE AND INDEMNIT]' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement's is by and between Alexander Graves (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred [o herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the Izwsui[ of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (refetred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Samtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regular mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory tune off; (4) by requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions, (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, if any, and by reason of such disputes and controversies [he parties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-couttsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's shaze of the gross settlement amount is $2,688.64. Of PlaintifFs total amount, $348.21 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the tins[ account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $348.21 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $348.21wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $348.21 will be distributed to Plaintiff fiom the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $348.21, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 5905.73 and litigation costs of 541.85. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with campeasatray time offprovisioos, liquidated dnmagea, interest, cosh, atlomeys fxs, inju>xtive or declunrory mlief which Plaintiff has or might have, ]mown or unlmowq now qrlsting, that Dither wem ar caild have hem filed under the Fair Labor Standardv Act and/or CLapter 80 of the HawazS Revised Statutes. This release includes aIl loch claims or ceases of action for attormy's fees or costs, now or in the futue, whether asserted in this litigation or not Plaintiff agrees drat dre County has established the Section 207(k) Partial overtime e:amptiw under the FLSA. K By agreeing to the terms of this Setdemmt Agmement and accepting the paymem of monies pursuant ro this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein end agrees ro INDEMNIFY and DEFEND such person and entities fiam any and all claims, demands, or catLSes of action which ate mkased by this Setlemmf Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s beheld kissed upon any theory of recovery, whether at law or m equity, and whedter made by way of subrogetioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to We settlement and executing appropriate settlement releases. M This agreement is contingent upon free] approval of this agreement by the Court In the event that dre Court does not approve this agreement, the terms and conditions of this agreement shell trot be referred to by either party in the fiuther Gtigetion of this matter. N. I[ is expassly understood and agreed drat dte terms of this Agreement are contractual and not merely recitals and that the agrcemmts contained herein and the consideration transferred are to wmpromise doubtful and disputed claims, avoid liogaooq and ob~in a peaceful resolutioq and drat no payments made nor releases or other consideration given shall be coasttued as an admission of liability, all liability being expressly deniert O. Plaintiff tmderstends and agrees drat Plaintiff may have suffered damages drat am presmdy unlmown or that may be discovemd in the future. NeveNreless, Phrinti$ aclmowledges that the lures to be paid in consideration of the Settlement Agreement are intended ro and shall release and discharge any and all >''t ca, Chapter 80, or other claims, demands, of causes of action of any fond whatsoever arising oat of or related ro airy past far7flre ~ refusal an the peR of the County ro properly calculate and pay overtimo compeamti® to Plainti$'for all overtime horns worked es descnbedm this Agreement It if fitAher Imderstoed and agreed that the Cotmty denies any end all liabr7ity and that tlris Settlement Agreement, is not m admission of liability, but en agttxmmt ro avoid firhrra rrosdy litigation P. This Settlement Agreement contains the entire agreemem between the partial. It supersedes any and all prior agreements, atxeogemmb, ormderstandmgs between the parties on all subjects in any way related ro the ttaasection or occtmmce desar'bedm this Settl®mt Agremimt. No oral tmdustmdmgs, statements, prt+r+~~ or inducements conhary m Or con9i9leat with the terms of this Settlement Agreement exist This Settlemem Agreement is not subject ro mry mod~catioq waiver. or addition Airy chmges in this egre.~mt may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrmts that Plaintiff has mad this Settlement Agreement and fully understands it ro be a oompromisa and settlemm[ and mlesse of all claims, Imowa or unlmowq peasant or fuhue, that Pleintiffhas or may have against the person and amines released, arising out of or rotating ro any past fatlum or mfnsal on the part of the County in properly calculate and pay avertime compensation ro Plaintiff for all overtime homy wodred. The mdetsigned Plaintiff warsants that PleinCff is of legal age end legaIly competent b execute this agttxmem and that Plaintiff does so of Plaintiffs own free wr7l and accord without mlianw on my rep~resen~taJtion of my kind or character not expressly set forth hcreia. SIC'lP ATURE OF PLAIN'I7FF - DATE SOGTAL SECURPI'Y NIJIvffiER: PLAINTIFF'S MAII.ING ADDRESS: R A ATTORNEY FOR AINTIFF ATTORNEY F C oc~ ~ 104 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referted to as the "Settlement Agrcememt") is by and betwcen Anthony Guillermo (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refened to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached iry[he lawsuit of Springer v. County ojKawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shiftand/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 Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of wmpetrsation; (5) by wt compensating Plaintiff for all hours worked as an instmc[or or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & V ick (referred m collectively as'Tlaintiffs' Couttsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of any kind which Plaintiff has or tray have in the future arising out of or related m any past failtue or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and is consideration of the mutual promises and agreements herein contained, including the recitals se[ forth Itereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the lust payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' cocounsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. - H. Plaintiffs share of the gross settlemeut amount is $1,501.70. Of Plaintiff's total amount, $194.49 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $194.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $194.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $194.49 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $]94.49, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the tetras of Plaintiffs attorney's fee agreement with Plaintiffs' Couusel, Plaintiff is obligated to pay attorney's fees of $505.88 and litigation costs of $23.38. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Pazagraph F, above, the Couuty shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constim[e a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or catrses of action for attorney's fees or costs, now or in the future, whether asserted m this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of morries pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in rite future be asserted by Plaintiff. or by another individual or entity on Plaintit2 s behalf, ba.<ed upon any Oteory of recovery, whether at law or in egmty, and whether made by way of subrogation, contract, assignment, or odterwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of [his Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transfersed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supe[sedes any and all prior agreements, aaangements, or tmderstandings between the parties on all subjects in any way related to the transaction or occuaence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with [he terms of this Settlement Agreement exist. This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read [his Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, known or uolmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any pas[ failure or refusal on the part of the County [o properly calculate and pay overtime competsation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any d or character not expressly set forth herein. S[GNA OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP ROV .LD: 11~/I ATTORNEY FOR ~AINTIFF A"TTO~ RN~-~OC~ ~ :2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between James Gunman (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shifr 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 Plaintiff [o participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby status; (8) by not compensating Plainfiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fitms of Winer, Meheula & Devens, LLP and Aitchison & Vick (refered to collectively as `Tlaintitfs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorneys fees and litigation costs wdl be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiff s share of the gross settlement amount is $4,542.67. Of Plain[if;'s total amount, $583.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tots[ account of the fast installment on the gross settlement amount. Of Plaintiff's total amount, $588.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rant account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $588.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $588.33 will be distributed to Plaintiff from the tots[ account within 30 days from the deposit into dte [rust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $588.33, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,530.31 and litigation costs of $70.72. Plaintiff s Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plainnff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for [he payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a frill and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ~ ~ 0 2~p4 S~~' kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees Utat the County has established the Section 207(k) partial overtime exemption under Ute FLSA. K. By agreeing to the terms of [his Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by tttis Settlement Agreement but which muy in the future be asserted by Plaintiff. or by anotirer urdividual or entity on Plaintiff ~ behalf, based upon any theory oC recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In [he event Iha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this maner. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in Ure future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of Ure Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid furore costly litigation. P. This Settlement Agreement contains Ute entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between [he parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the temts of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or utrknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on Ure part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any represen on of any kind or character not expressly set forth herein. / _ ~ ~7 SI OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: ` i PLAINTIF'F'S MAILING ADDRESS: APP VE ? J / ~ ATTORNEY FOR PLAINTIFF TTORNEY FO COIN"I'Y c(\ J ~ 1pp4 JV COMERONHSE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. Tltis Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Mark Haggerty (hereinafter referred to as "Plaintiff") and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in [he United Stales District Court for the District of Hawai i (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged faiitrre or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "PLtintiffs' Counsel") to prosecute the litigation; and, D. WI-IEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the m*A~~+*g fora payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a ttttst account to be set up and managed by Plaintiffs' cocounsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,632.30. Of Plaintiff s total amount, $470.43 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $470.43 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $470.43 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $470.43 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fourth installment on [he gross settlement amount. The balance of the total due to Plaintiff, $470.43, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,223.63 and litigation costs of $5654_ Plaintiff s Attorney's Fees and litigation Costs will be deducted nn a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been Sled under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Cuttue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the ternrs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assigtunent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Coun. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime competsation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if fitrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modiScatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or uttlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or refitting to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked T7te undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. _ o~~ ice' a~~y /S[Cr1gATURE OF PI'IFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: APP AND 7 ATTORNEY FOR PLAIIJ"CIFF ATTORNEY FOR OUNTY o~~ 1 a 1004 ` COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Arvid Hara (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been ta privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofKawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failwe to include in the calculation of Plaintiff's regular mte of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shifr or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate [o [he accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at ttaining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireamvs; and (11) by not otherwise compensating Plaintiff for bouts worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failwe or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimrs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failwe or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the ,P.~,A~r;.,g fow payments will be [trade annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,389.83. Of Plaintiffs total amount, $439.02 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff's total amount, $439.02 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on [he gross settlement amount. Of Plaintiffs total amount, $439.02 will be distributed [o Plaintiff from the tins[ account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $439.02 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the tntst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $439.02, wdl be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth instalhnent on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51,141.94 and litigation costs of 55~-77. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apari from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all cleans, demands, or causes of action of any Idnd whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aB such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies ptusuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon Erna] approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and [he considemtion transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever easing out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties oa all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temvs of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representatioVn of any kind or character not expressly set forth herein. ~~~r \~c~r- 1,, t Ot-I' SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NiJMBER: PLAINT'IFF'S MAILING ADDRESS: , APP A ED: - ATTORNEY FOR AIN'I'IFF ATTORNEY F C 1pp4 oC.~ 1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Jeremie Evangelista (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively referred to herein as "the County" shall include the Counry of Hawai i, Hawai i, its elected officials, zmployees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises fmm a settlement reached vtthe lawsuit of Springer v. County ojKawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Samtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is requved by SIaN[es; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shifr or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Samtes as [hey relate [o the accnral and/or utilization of compensatory time off; (3) by reyuo~ing Plaintiff to participate iu mandatory medical evaluations or examinations without the payment of compensation; (5) by rot compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in starrdby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fveanns; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fvms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") [o prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory Tune off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepata[e installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Cotut; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tam disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is 57,767.37. Of Plaintiff s total amount, $1,005.97 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the fast installment on [he gross settlement amount. Of Plaintiff s total amount, $1,005.97 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the tins[ account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,005.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third insalbent on the gross settlement amount. Of Plaintiffs total amount, $1,005.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,005.97, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attomeys fees of ~2,616.62 and litigation coats of 51'_0.92 PlmnnfPs Attomev's Pees and 1_itieutton Costs will be deducted on a pro-rata basis by Plainti l7 s' Counsel Gom each of the payments made n, the Plauuil C ,Apan (rum making the payments m Paragraph P, above. dtc County shall have no obligation to Plaintiff to insure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of acfiorttgf any c kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by anodtec individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, convect, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve Ihts agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no paymenLS made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plainffff may have suffered damages that are presently unknown or [hat may be discovered m the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in considemtion of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime houus worked as descnbed in this Agreement. It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modificatioa, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of dre County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent [o execute this agreement and [hat Plaintiff does so of Plaintiff s own free will and accord without reliance on any resentation of any kind or character not expressly set forth herein. n / ' /~-zJ - U~/ SIGNA F PLARJTIFF DATE ~ SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: ' ' APP O RE ATTORNEY FOR PLAINTIFF TTORNEY FOR O r0. t ' Oct 11 04 02:07p p.2 COMPROMISE SETTLEMENT, RELEASE AND INDEMNI T 1' AGREEMENT A. This Compromise Settlement, Release, and Indemnity ~ ~ mer~ment (hereinafter referred to as the "Settlement Agreement") is by and between Earl Hatada (hereinafter referred to as "Plaintiff') ar:~.i the County of Hawaii, Hawaii. Those collectively referred to herein as "Ihe 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 5t any time have been in privity with them or any of them. This Settlement .Agreement arises from a settlement reached in the lawsuit of5'prinRv. r C'ourrry ofHrnvoiS. Civil No. 02-00289 KSC, filed in the United States Disvict Court fnr the District of 1 lawai i (refe i~~ed to herein as :~e `Liti~,atind'1, and represents the total compromise, settlement, and release of al] the claims arising from the Litigation. B. WHEREAS. Plaintiff has claimed that the County has violated the Pair Labor Standards Act (ELBA) and Chapter 80 of the Havvai'i Revised Statutes (collectively referzed to as "the Statutes") one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure t ~n:,lude in [he calculation of Plaintiff's regular rate of pay all such compensation as is required by S[atu[es; (2) by not compensating P :rntiff for pre-shift andr'or post-shift briefing periods or other pre-shift or post-shift periods of work: (3) by no[ complying with the compers-atory time off provisions of the Statutes as they relate to the accrual and/or utilization of compensatop~ time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plat t~ff for all hours worked as an instructor or student at training sessions; (61 by not compensating Plaintiff for all time worked in work-relart ; ravel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interruf : 'meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (l0) by not compensating Plaintiff for the time spent qualifying with firearms; and (I ] ) by not otherwise compensating Plaintiff for hours worked on the Count-'s behalf; C. WHEREAS, Plaintiff' has consented [o join [he Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or re': sal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of W iu: r, Meheula &Devens, LLP and Aitchison & V ick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties he to desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out r' . related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours w~ :-ked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchan,:d, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiff; ~ ~ tats matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within. ~ days of final approval of this Agreement by the CouR; the remaining four payments will be made annually on the successive anniversaries cf the first payment. G. The County will pay the settlement amounts [o a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in tum disburse the appropriate payments [o [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs our ~f the amounts received from [he County. H. Plaintiffs share of the gross settlement amount is $ I3.("i ).99. Of Plaintiffs total amount, $1,68754 will be distributed to Plaintiff from the trust account within 30 days from the deposit into :he trust account of the first installment on [he gross settlement amount. Of Plaintiffs total amount, $1,687.54 will be distributed to PlaintiP from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. C Plaintiff s total amount, $1,687.54will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust acu.ant of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,687.54 will he distributed to Plaintiff from the test account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. 1~io: balance of the total due to Plaintiff, $1,687.54, will be distributed to Plaintiff from the trust account within 30 days from the deposit into ~'~.e trust account of the fifth installment on the cross settlement amount. Under the terms of Plaintiff s atomey's fee agreement ~+,~ith Plaint : Cotmsel, Plaintiff is obligated to pay attorney's fees of $4,3R9.46 anP h[igation costs of F20_-.R4. Plaintiffs Attomcy's Fccs' and Lii i ~ Costs will be deducted nn a pro-ruw basis by Ylainti(Fs' Cor-~sel IYom each of the payments made to the Plaintiff. ApatY from maki• ~ s payments in Paragraph F, above. the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distrlt is made. L Plaintiffshall be solely responsible for the payment of ;:ny income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff's execution of this Settlement Agreement and ^^ceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge o(th< •.'uunry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation unpaid overtime compensation, any failure to comply with Oct 11 G4 O2:08p 3 P• compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any am all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of to s. agreement by the Court. In the event that the Court does not approve [his ageement, the terms and conditions of this agreement shal I not t e referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all wbjects is any way related to the transaction or occurtence described in this Settlement Agreement. No oral understandings, statements, promiv : or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subju t to any modification, waiver, or addition. Any changes in ffiis agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiffhas or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtintc compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent [o execute this agreement and [hat Plaintiff does so of Plaintiffs own free will and accord without reliance on any represen~ f eny kind or er not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT F'S MAILING ADDRESS: A PR GREED: ) ATTORNEY FOR PLAINTIFF ATTORNEY OR COU Y ocj 1,j looa COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Garrett Hatada (hereinafter referred [o as "Plaintiff') and the Counry of Hawaii, Hawai i. Those collectively refeaed to herein as "the County" shall include the Counry of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed drat the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Samtes (collectively referred to as "the Samtes'")None or more of the following manners: (1) by failing to properly competsate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 S[amtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of [he County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and catrses of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with [he compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including dte recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on dre successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will m mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs wIll be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $3,897.61. Of Plaintiff s total amount, $504.79 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the Wst account of the First installment on the gross settlement amount. Of Plaintiff s total amount, $504.79 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the tins[ account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $504.79wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $504.79 will be distributed to Plaintiff from the trrst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff; $504.79, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaimiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,313.00 and litigation costs of $6Q67. Plaintiffs .4ttomey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the paymenni made to the Plainull. Apm-t from maktng the paytnen[s in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised StaNtes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and [he consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in dte future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failttre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chtims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failttre or refusal on Ute part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character no expressly set forth herein. G. SI NATURE OF PLAINTIFF ~ DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: P VED AED: ! r ~ ATTORNEY FOR AIN"I'Ih'F' ATTORNEY F C U ~i ~D~y OC~ ~ COMPROMISE SETTLEMENT, RELEASE AND INDENIlVPI']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreements is by and between Harley Hee (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who at any tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by no[ compettsa[ing Plaintiff for pre-shift and/or post-shift btiefmg periods or other pre-shifr or post-shift periods of work; (3) by not complying with [he compensatory time off provisions of the Stamtes as they relate m the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hoots worked as an instmctor or student at tmuung sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the tune spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred m collectively as'Tlaintiffs' Cottnsel'~ m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts m a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's shaze of the gross settlement amount is $15,438.72. Of Plaintiff's total amount, $1,999.50 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $1,999.50 will be distributed [o Plaintiff from the test account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,999.50 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,999.50 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the [rust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,999.50, will be distributed to Plaintiff firm the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $5,200.90 and litigation costs of 5240.34. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making lire payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall lie solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. 'Ibis release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to TNDEMNQ'Y and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred W by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. PLintff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the fhttrre. Nevertheless, Plaintiff acimowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of a~ kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate a~ pay overtime compensation to PLtintiff for all overtime bouts worked as described in this Agreement It if firrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement ro avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all or pri agreements, arrangements, or understandings between the parties on all subjects in any way refitted to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreentettt is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or utilmown, present or future, that Plaintiff has or may Gave against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that PLtintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any represent'a1tion onf any(k~ind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURfI'Y NUMBER: PLAINTIFF'S MAILING ADDRESS: APP G D: //~7 `/9 ATTORNEY FOR / ATTORNEY OR CO 2 2oea COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement AgreemenP~ is by and between Robert Hickcox (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refereed to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for [he District oti Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") ut one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory tune off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaietiff fcr missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented m join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fiems of Winer, Meheula & Devens, LLP and Aitchison & Vick (refereed m collxtively as "PLtiatiffs' Cotmsel'~ m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as m liability and the amount of damages, if any, and by reason of such disputes and controversies [he parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in considern[ion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considerntion to be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the re g four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. - H. Plaintiffs share of the gross settlement amount is $26,375.28. Of Plaintiff s total amount, $3,415.91 will be distributed [o Plaintiff from the erns[ account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $3,415.91 will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $3,415.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third insalhent on the gross settlement amount. Of Plaintiffs total amount, $3,415.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $3,415.91, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $R,885.14 and litigation costs of $41059. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made to the Plaintiff Apart from making [he payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, tmpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the furore, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement_ Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to [NDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action whtch are released by this Settlement Agreement but which may in the future he asserted by Plaintiff, or by another mdictdual or entity on Plamtiti's behalf, based upon ?ny theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or ulherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve t}us agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of thts matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferzed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refitsal on the part of the County to properly calculate and pay ovetime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, atrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in [his Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the tetras of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Atty changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully undetstands it to be a compromise and settlement and release of all claims, known or tmknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of [he County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The tmdersigned Plaintiff watrants that Plaintiff is of legal age and legally competent to execute this agreement and [hat Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. C~. 6~-czt-o4 SIGNS TURF OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: ~ - AP'ROV ~ED. - ATTORNGY FOR PLAINTIFF ~p~ CO Y 0~~ ~ h.1~oy COMEROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. Tt»s Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Henry Hickman (hereinafer referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Counry" shall include the County of Hawai i, Hawai'i, iLS elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who at any time have been m privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. Counry ofHmvai'i, Civil No. 02-00289 KSC, filed N the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Stamtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 requuitrg Plaintiff to participate m mandatory medical evaluations or exanrinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stems; (8) by not wmpensating Plaintiff for missed and/or inteaupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation sceking to recover tmpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cotuvsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of dre Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including [he recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversazies of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in mm disbtrrse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $32,536.43. Of Plaintiff s total amount, $4,213.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fvst instalhneat on the gross settlement amount. Of Plaintiff s total amount, $4,213.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $4,213.85 will be distributed to Plaintiff tiom the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $4,213.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $4,213.85, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the tlfth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $10.960.67 and litigation costs of $506.50. Plaintiffs Attorney's Fees and Litigation Costs will be deducted nn a pro-rata basis by Plaintiffs Counsel from each of the paymenu made to the Plaintiff. Apan From making the psyrnents in Paragraph F. above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of ap~QQ~ r kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or ta equity, and whether made by way of subrogation, convact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. v O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agrced that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the trutsaction or oecurrence descnbed in this Settlement Agreement. No oral understandings, statements, pro»tises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or trnlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that PLintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ,irJ _ 9-:z3 0, SI OF P AINTIFF DATE SOCIAL SECiJRi'I"Y NUMBER: PLAIIVITFF'S MAII,ING ADDRESS: APP AG ED: / ATTORNEY FOR AINTIF'F ATTORNEY R CO ~l 1~~~ ~`c~. J COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'1' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refemd to as the "Settlement Agreement") is by and between Gregory Kane (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the Uto[ed States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure to include in [he calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby scams; (8) by no[ compensating Plaintiff for missed and/or intetnrpted meal periods; (9) by rot compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireamvs; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 land 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, Tu>:'RFFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a bust account to be setup and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tutu disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. H. Plaintiffs share of the gross settlement amount is $2,653.63. Of Plaintiffs total amount, $343.68 will be dis[abuted [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fvst installment on the gross settlement amount Of Plaintiffs total amount, $343.68 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $343.68 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $343.68 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $343.68, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on [he gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $893.94 and litigation costs of 541.31. Plaintiff's Attorney's Fees and Litrgation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the paymeat~ in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. PlaintitPs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been 51ed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) Partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to [his Settlement Agreement, Plaintiff agrees m and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ [hat the Court does not approve [his agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the temts of [his Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of hability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, ariangemeats, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculau and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representa/t~io/nto~f any~kin~d for character not expressly set forth herein.~~,p~~' f~, SIGNA OF ~ -DATE SOCIAL SECURITY NUMBER: PLAII~ITIFF'S MAILING ADDRESS: APP O G ' ATTORNEY FOR PLAIN'T'IFF ATTORNEY F C UNTY ~ ~T p i 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNIT'1' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Guy I{aniho (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected otHcials, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes'") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff 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 Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at [raining sessions; (6) by not compensating Plaintiff for all tune worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (]0) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WFIE:REAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotursel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or reL~ted to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.6 i. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $9,363.55. Of Plaintiff s total amount, $1,212.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $1,212.69 will be distributed to Plaintiff from the trust account within 30 days fiom the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiff's total amount. $1,212.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,212.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $1,212.69, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attomey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,15433 and litigation costs of $145.76. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Ap~ut from malting the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon Erna] approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the paR of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned PLtintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representaption ofany kind or character not expressly set forth herein. r 1''`~~~ q•1'1-04- SIG DATE SOCIAL SECURITY NUMBER: PLAIIJ'fInFF'S MAILING ADDRESS: ' I ` APP O AG D: ATTORNEY FOR PLAINTIFF ATTORNEYI~R COON ~ ~T 0 ~ 10p4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Jemifer Kapahulueha (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Iiawai'i (referred to herein as the "Litigation"), and represents the total compromise, settlement, artd release of all the claims arising from the Litigation_ B. WHEREAS, Plaintiff has claimed that rite 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 Plaintiff 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 Plaintiff for pre-shift and/or post-shin 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 reyuiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accotmt of [he alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained [he law firnts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liabIlity and the amount of damages, 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 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 Cotmty to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time offprovision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, dte parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Cotut; the remaining four payments will be made annually on [he successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $2,140.90. Of Plaintiff's total amount, $277.27 will be distributed to Plaintiff fram the trust account w-iihin 30 days from the deposit alto dte tins[ account of the fast installment on the gross settiement amount. Of PlaintiRs total amount, $277.27 will be distributed to Plaintiff' f}om the trust account within 30 days from the deposit into the tuts[ account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $277.27 will be distributed to Plaintiff from the Wst account within 30 days from [he deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $277.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $277.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of PlaintiRs attorney's tee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of '5721 ~ I and litigation costs of 533.33. Plaintiff s Attorney's Fees and Litigation Coats will be deducted on a pro-rata basis by PlaimiRs' ~ ounsel from rich ul dte payment, made to dte Plauutff. Apart Crum making dte pavments in Paragraph f, above, the County ,hall have no obligation to Plaintiff to ensure that the Ylaimiffs individual distnbu[ion is made. 1. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might Gave, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terrrrs of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon £utal approval of Oils agreement by the Court. In the event that the Court does no[ approve this agreement, the teens and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the teens of this Agreement aze contmcmal and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, PLilntiff acknowledges that the stints to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the trartsaction or occurrence descnibed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with [he terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to property calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent m execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any resenta[ion oDf any kind or amcter not~i xpFessly set forth herein. ,.C~r?tti~ 0l~"-17/1/ - 2 ~-f ' Ll I AT[JRE OF PLAINTIFF DATE SOCIAL SECiJRIT'Y Ni1MBER: PLAINTIFF'S MAII.ING ADDRESS: AP O ED: ATTORNEY FOR PLAINTIFF ATTORNEY R CO SEP 3 0 104 COMPROMLSE SETTLEMENT, RELEASE AND 1NDE119NIT'N AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Norman Keamo (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Counry ojNmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accrnal and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff bas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WFIERF.,AS, bona fide disputes and controversies exist between the pazties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in dte future arising out of or related to any past failtue or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Sautes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the rema;o;ng four payments will be made annually on the successive anniversaties of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs wi31 be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $13,124.46. Of Plaintiffs total amount, $1,699.77 will be distributed to Plaintiff from the ttust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,699.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the must account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,699.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff's total amount, $1,699.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,699.77, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plain[ifPs attorney's tee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,421.29 and litigation costs of $204.31. PlaintitPs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel From each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the Counry shall have no obligation to Plaimiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall f~Q~r constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of actipp'of ~y r,.~ C. kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or nigh[ have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) paRial overtime exemption under the FLSA. K. By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by [his Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by [he Court. Tn the event that [he Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. I[ is expressly understood and agreed that the tetras of this Agreement aze contractual and not merely recitals and that the agreements contained herein and [he consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intrnded to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future wstly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occunence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay ov compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and leg c patent to ex ute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any repre en lion of any d or character not expressly set forth herein. 21-c9~ SIGN OF P F DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP OVE ED: - ATTORNEY FOR PLAINTIFF Tl ORNEy FI~It C(~U' 'Y ~ U ~n u`~ ~ ~ c COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between James Kelly (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the Distract of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") m one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or in[enupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with ftreanns; and (l l) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHERF,AS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failtre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stam[es; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth bereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $2,520.51. Of Plaintiffs total amount, $326.44 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the ftrs[ instalhnent on the gross settlement amount Of Plaintiff s total amount, $326.44 will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $326.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $326.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $326.44, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the teens of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $849.09 and litigation costs of 539.24. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to PlaintifT to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of tills Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compeasatio4 any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been Sled under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such chums or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrets to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in fhe furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the temrs and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no paymenu made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past Stilure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parries. It supersedes any and all or pri agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff wartants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, prrsent or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past faihue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own See will and accord without reliance on any representation of any kind or character not expressly set forth herein. q /1 9-~ 2-mot SI TURE OF PLAINTIFF DATE OCIAL SECURITY NUMBER: PLAINTIFF'S MAII,ING ADDRESS: ATTORNEY FOR PLAINTIFF TTf~~~ CO ~ COMPROMISE SETTLEMENT, RELEASE AND INDENINITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "SeWement Agreement") is by and between Apollo Kepo'o (hereinafter referred to as'Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred 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 tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the totes! compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stam[es") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of PlaintifFs regulaz rote of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with [he compensatory time off provisions of the Statutes as they relate [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (111 by no[ otherwise compensating Plaintiff for hotus worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join [he Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys foes on account of the alleged failttre or ref»sal of the County to properly compensate Plaintiff for all time worked for or on behalf of dte County, and has retained the law Emus of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 which Plaintiff'has or may have in the future arising out of or related to any past failtu~e or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Count; the remaining four payments will be made ann»ally on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account [o be setup and managed by Plaintiffs' co-counsel firrrt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $26,005.94. Of Plaintiffs total amount, $3,368.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $3,368.08 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $3,368.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $3,368.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into dte frost account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $3,368.08, will be distributed to Plaintiff from the frost account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of PlaintitPs attorney's fee agreement with Plaintiffs' Counsel, Plainliff is obligated to pay attorney's fees of 58,760.72 and litigation costs of $404.84. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rota basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff ~~L` J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described hereinahall constitute a full and complete release, acquittal and discharge of the Counry fmm any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, Imowv or unlmown, now existing, that eidrer were or could have been filed under the Farr Labor Standards Act and/or Chapter 80 of the Hawaii Revised Stanrtes. This release inclttdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the F7.SA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEIvtNIFl and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fetal approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descn'bed m this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, known or unimown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or rotating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any rep non of any kind or character not expressly set forth herein. SIGNA OF P IFF DATE SOCIAL SECTJRITY NUMBER: P MAII,ING ADDRESS: AP VE ED A Y FOR PLAINTIFF ATTORNEY F R CO t . , 10/11/2004 21:47 6889688014 KERR PAGE 01 COMPRpM1SE SETTI.EFIENT, RELEASE AND fNDFAIIdlt7' AGREEMENT A. This Compromise Srxtletneat, Release. and Itrdranniry Apecment (haeinafkr referred m as the "SeNemeat try end between Jews Kerr fher'eioaRer tefermd a a'RLsintiff~ and the County of Hawrt'i, Idawai'i. Throe Wllectively related tomt'' is herein n "the County" xhall Include this Coutsry Of Haasi'; ~~'4 its elected officials, tmployeea, agmtx, std aervnots, pea sod praoo; thci trsosfaees, assigns. successors in inures; std all others who u nay rites hsve bem in privity with them or nay of them. This Settlemrnt Agregmient arises from a settlement «aohed in the kweuit of Springer v Cowry oJNawaYt, Civil No. 02.00289 KSC, filed m the tJrured Ststes IAstrict Coun for the DieMm of Hswai'i (mfemd m herein as the'tiugaboa'~, and reprcsean the mat compromix, settkmen; turd rcksse of all the cleans arising 6om the Litigation. B. WHEREAS, Plaintiff has clemtcd tbu the County tine violued the Fair Labor Standards Act (ELBA) std Chapter 80 of the Hawaii Revieod Salutes (collectively referred b as "the Sumtes'~ m one a tnorc of the folbwing mmaers: (1) by tailing w properly compe:nwte PLrirttiff far ovrrtime worked by reason of its faikae to inchde in the caleulruon of Plain4ff s rogulu rate of paY ~ such compensation u v required by Stemtss; (2) by not coaipenesting Pkintiff for pre-shin and/or you-shift briefing periods or orbs pre-shift or you-shift periods of work: (3) by »a complying with the wmpetssuory time off provisions of the Salutes se they relate b the accrual and/or utilization of conrpeuvmry tune off; (4) by requiting Plaintiff m participate is maodstoty medical evalsatiom err eaaminatiom without the prymem of compessation; (5) by not compensating Pkmtiff for all hours worked u w uutrucmr or student u Veining seatioos: (6) by nor eompenutiog PLUaRff for all time worked kwork-related travel (7) by not compensating Pleinti8' for the tune spent is sastlby etanie; (8) by not eomperoaturg Plamuff for mixxd armor ioteaupted meal periods; (9) by nos compenrtiog P1.iotiH for the time xpem cleaning and mainaiawg County-isaied vehickc, (10) by mt compensating PlaintifY'for the time spent qusli[ymg with firearms; and (I 1) by not otherwise comptnsating Plaindff for boon worked on the County's behalf; C. WHEREAS. Plaintiff hu coaaeated m join the litigation seeking m recovv unpaid oveatime comperuatioq hquldsted damsga and atmnicys fees on accarnt oCthe alleged fiiloro err refusal of the Comfy m properly comparate Plaintiff for aU time worked Ctx or on bebaitof the County, sod has retained the taw fi®a of Wine, Meheula & Devrns, LLls sod A(Wtisoa & Vick (rofared m oolkerivety ax "Plemtiffi' Coitmer~ m pttwxiire the 1higadon; and, D. WHEREAS. bona fide disputes end t:cotrovetsia exist between the pattia, both m m lirbility and the atnotau of damga, if any, and by reason of such disputd and aontrovanies the polies hereto desire b rampranise and xtde aft claims sod Gnae! of action of any kind whkh Plaintif5'hu or may hive in the (linos arisuig au of tx related to any pau f>tihne or reftaal on the part of the Coimry m tu11Y and rrsmpletely Plaintiff for ell ovtatime hags worked sad to comply with the cotnpensarory time oHpeovieien of the S4tuks; E. NOW, THEREFORE, for a>d io comltkntion of the moron! promisee and agrenmean herein contained, including the recitals set forth hereinebove, std the morwtaty consideration m be eachmged, the pubes sgree a+ tolbws: F. The lost aggregate seNemeat amount Cor all Plaiauffa in this matser ie S 1,326,923.05, payable io Sve sepatm uualhtrent paytrseate of 5265,384.61. The fire payment wiU be psyeble adtliio 30 days of foal aPPsoval of that Agrecrneat by the Court the rawiaing fan p?ymettte will be made annurlly as the successive gapivenaries of the fast paymem. G. The County wr71 pay the xettlewent atnamb m a Vito account m be set up sod mawgtd by Plaiatiffit' co-co®e1 fam of Winer, Mehnila g Devens, LLP, locaad w Hooohilu, Hawaii, which will m nun disbttrse the appropriate paymeob m the Plaintiffs. Atromey'x fens and litiga»on coos will lre suidrtd by Plaintiffs out of the amounts mceived from the County. H. Plaintiffs share of the gtou saulemmt amortrit is 55,466.65.Of Plaintiff a toast amount, 5708.00 will be distributed to Plaintiff from rlie post amour[ within 30 days from the deposit inb rho tout account t>f the brat installment m the gross senlomeat amount. Of PlsuihH's tool amour; 5708.00 wit) be dismbuted b Plainpff from the trust account within 30 dsys 6om the deposit iab the trust account of the secotd ioeallmait on the gross sealemmt emotmt Of Piamtiff x bat ameun; 5708.00 will be distnbuttd m Pleintif7 from t1x trwt account within 30 days from ibe deposit Inb the trtrat account of the Ihtrd irtstallmml on the gross xenlemeot amount Of Plaintiff's bwl amount, 5708.00 will ba di+tributed m PlainuN from the trust xcoum within 30 days 6mn die depost imo the oust account oCthe fourth installment on die gross settlement amormt The balance of the torsi dac to Planned; 5708.00, will be diembured m Plaintiff from the trust accotuu within 30 days from the deposit lob the trust account o(the fifth i~tNlment oa the gross setlement amount Undtr the terms oC Plaintiff s atmmey's fee agreement with Plauttiffa' Counsel, Plsintiff i. obligated m pry sttomey's fees of S 1,841.37 and litigation coats of 585.10. PlsintiH's Atiomey'a Fees and Litiganon Cosu will be deducts! on • pro-rua basis by PlamtiHs' Cotuiael tram cacti of the paymentt made to the Plairttiff. Apse 6om maldog the payments a Parsgoph F, above, the County shall have no obligation b PlanatiE'b ettaure that the Plaintid's individual distributan is made. I. PlamtiR shall 1>e solely resporuiblo for the payment oC any income or other votes on the amouma pod to of on behalf of Plaintiff J. Plaintiffs caccuuon of ilsie Settlement Agreement and xceptanee of the monetary compensation dcscribtd herein stall cooautnte a (till and complete release, xquital and dixbarge of the County 6om any and all etaima, demancb, or causes of action of say OCT 1 2 2004 10/11/1004 11:4! 6809600014 KtKt1 YRbt t71 load whs4oetrtr C4r baelc wages, mPud auaight dm0 cotnpeesatbt4 uapad overawe tontpeaeattoq mY b ~Pb wtm eoaopasamry time off prt»iriooe, > damages. . ter. fees, ittjnncdve or dalaramry relief which Plaintiff hu or aright have. known or onlmowa. apw ertisdog, for tdtbar wax oretruld have hem 8kd tmdet the Fair tabor Staodatda Aq and/or Chyter Eo o[the Haws°t Revkod Statttta. Ibis lelwe iutchtda all axh ehtims or eataee of actbn for ateoraey's lba err et>ota, now a in the forum. whether eeaertedm this litigadoo or tent lhdmiffagrees rhr the Coutrty hn emblirbed the Secdoa 207Qr) pttttial overtime eaetnption tmdrr the FLSA K Hy agmeieg m the terrat of this Ssttlmaaot Agrcmamt and accepting the payment of ttttmies parauaat to this Sattkmmt Agrcernen4 Plaindff agrees ro and does hmeby SAVE and HOLD fiARMI,ESS the pertope and entities rckaeed herds std agrees ro 1NDph4JQ~Y sal DEFTTdD such person end entitin from my and all eWms, detamds, or eautax of acdon which aro rcleseed by Ibis Settlement Agteeatea but which tray iic the forum be aeserad by Plsmdff, or by mother individwl or etibry on Plaindff s behalf bored upon my theory of mcOVery, whether at law or in equiry, and whether trade by way of subrogadoq eontrut, astignmeaL a otherwise. L ]his agrcmmt u eontiogtan upon 9s°/i of the PLtintiffs in the Lidgatioe aaurntiag ro the settlement ant atecndng appntpriate settlement releases M. This agreement u coodngesu upon ftttal approval of this apeemem by the Court. In the event that the Court does rot approve this agteegeeat, the rams and coodidom of this agroomeat shag not be referred ro by either perry in the 16rdter lidgrion of the setter. N. fi ie exprcrly understood and agreed that the terms of dos Agre®an am coatractusl and not merely teeiatls and thr the agmemente catLiaed herein and ~e twasideratim nartrfurcd are m wmpmnrax donbdid and disputed cisims, svtrid lidgerios4 sal obtain: peacelid rceohtdoq sad dot no paymeaNS made nor rekasa or other eoneidentioa given shall b0 construed as m adtnisuon of liability, all ]iebiliry being expressly deniod. O. Plaintiff tmdasaartdc and agteq that PWmiff may have atlffaed damages that aro ptesaody amlatown err that maybe discoverod io the fume. Novadsekse, Phuntiff tcknowkdges the the soaoa ro be paid in ceomdariau of the Senlemmt Agteemem arc inoatded m and shall rckaee and dNeharge soy tttd a4 FLSA, CLapsar g0, or other daioas, dtmrtttda, a t:auet» of action of nay kind whsteower arising aft of tx rclaad to anY past fatltoe or tefitml tm the pan of the Camry to properly cakvdeee ttrd pay ovtudme oompeetadiea m Rl+natitf for all ovadme bows srvotlmd r desertbedm this Agrow,era It if flather mtderatood and agreod that the CaauY denies std aLL lability std that this Setth;mea Agretmau, is not m adtnirion of liability, but m ttgteemmt m avoid fltatre ~W'kde~ P.'l'hie $adement Agreement contain the eadrc egtermaot between dm parties. It aupatsedes my and all ilia ttgteemmu. suaogepaenq. a uoderatmdiep betwam the partly oo ap subjeeb is any way rchtted m the tranacdoa err treettrrertoe deacdbed in this Settbmeat Agrcmaeat. No ttnl aadtnaodktgs, ttuacmmo, prcmisee, tx hrdutxasma ooarrary a a oooaiyteae with the framer of this Settlement Agttxotan exist. This Sealatsent AgttepnmR i6 tsot ttuhject b my madificttdan, waive, err atklidoo. Any ebmgee in this apeemmt may ody be by mMea of a writi7eg sigmd by ~ P~ Q. The mdaaigoed PWntif[ wsttmta that PLiotiff bas read thit SatlnmKnt Agreetttem and fully tmdaanods it b be a compromise trod aetrlcmrat sad mines of all cLuns, known or rmlmown, present or Gtrote, that Phtittdffhu x ferny haw ttgttinst the person std entities rcleats:d, arising out of or relating m soy past 6ibm or tefued an the part of tht County m properly eakvlsb sal pay owtime eempatteadon m Plaiotifl'for all overtime hrttus aodred the tttadasig>kd Plaiudff wttmas thr Plaintiff $ of kcal ages and ktgapy rampermt to attxnu t~.i agreetvaeat and that PLtaptiff don >o of Phtindffs own flee witl sad acted without retimce ttn mY xpnamhdoat of any kind or ehsracter not atproe+ly net forth basest ! In^O~-dy tiIUNA OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: P 'S MAILING ADDRESS: O G ED: ATTORNEY FOR PLAINITFF ATTOR R COUI OCR 1 ~ lppq COMPROhIISE SETTLEMENT, RELEASE AND INDEhIlVTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Paul Kim (hereinafter refemd to as "Plaintiff") and the Counry of Hawaii, Hawaii. Those collectively refetred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached at the lawsuit of Springer v. County ojNawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. 8. WHEREAS. Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stam[es") in one or more of the following manners: (l) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compettsa[ion as is requved by Statutes; (2) by not compensating Plaintiff 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 requhing Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hoots worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Couttty-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (l l) by not otherwise compensating Plaintiff for hours worked on [he County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the fo[[[re arising out of or related to any past failtrre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fimt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in [um disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $1,500.00. Of Plaintiff s total amount, $194.27 will be dismbuted [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $194.27 will be disaibuted to Plaintiff from the tmst account within 30 days from the deposit into the trust account of [he second installment on the gross settlement amount. Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintitl's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 550531 and btigatron cults of 523_;5. PlamtitFs Atmrncy's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to dte Plainhft. Apart from mating the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ivnd whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any faihue to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been 51ed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or casts, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 9S% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terins of this Agreement are contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constrned as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmowv or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLtiatiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, knovvn or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own fret will and accord without reliance on any representati of any kind or character not expressly set forth herein. _ ~ Z ~ ~ d SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: AP O A D: A RNEY FOR PLAINTIFF ~ ATTORN~ O COU OCT p 1 2004 COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Alsa Kimttra (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, thew transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Nawai'i, Civil No. 02-00289 KSC, filed m the United Stales District Court for [he District of Hawaii (referred to herein as [he "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") m one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for [he time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on ilte County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firnt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintif4's share of the gross settlement amount is $2,414.07. Of Plaintiffs total amount, $312.65 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $312.65 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $312.65 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff's total amount, $312.65 wIll be distributed [o Plaintiff from the bust account within 30 days from the deposit into [he trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $312.65, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $R 1314 and litigation costs of $37.58. Plaintiff c Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Ylaindff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of [he County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might havo, known or unlmown, now existing, that either were or could have been filed under the Fav Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Cunue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agrcehtg to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the Cumre be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the tetras of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transfened are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlosown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that dte sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P.17tis Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occunence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or additiotr. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Setflement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any rep/~j~atio/n of arty kind or character not expressly set forth herein. SIGNATURE OF PLAIIJTIfF DATE SOCIAL SECURITY NUMBER: _ PLAIIJ'fIFF'S MAILING ADDRESS: APP A 1 ATTORNEY FOR P F TTORNEY R CO OC~ 1 100 COMPRONIISE SETTLEMENT, RELEASE AND INDENINITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Alston Kimura (hereinafter referred to as "Plaintiff 7 and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement azises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure [o include in the calculation of Plaintiffs regulaz rnte of pay all such compensation as is requved by Stamtes; (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "PLuntiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 Idnd which Plaintiff has or may have in the futtue arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory tone off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $4,458.72. Of Plaintiffs total amount, $577.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $577.46 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlemem amount. Of Plaintiff s total amount, $577.46 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of [he third installment on the gross settlement amount. Of Plaintiff's total amount, $577.46 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $577.46, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fifth installment on the gross settlement amount. Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,502.03 and litigation costs of $69.41. Plaimiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rnta basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, !mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temts of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNff'Y and DEFEND such person and entities fiom any and all claims, demands, or causes of action which aze released by [his Settlement Agreement but which may irr the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court. Tn the even[ that the Court does no[ approve [his agreement, the terms and conditions of this agreement shall not be refened [o by either patty in the father litigation of this matter. N. It is expressly understood and agreed that the temrs of [his Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in wnsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all ovtrtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agtements, arrangements, or understandings between the parties on all subjects in any way related to [he inmsaction or occurrence descnbed in this Seffiement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, !mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The tmdersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not expressly set fotUr herein. i r - - SIGNA'I'[JRE OF PLAII~ITIF'F DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAII.ING ADDRESS: APP O G ED: ATTORNEY FO AIN'I'IFF' TTO Y F c~j 1~y r ~ ' COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and betwern Lawrence Kobayashi (hereinafter referred to as "Plaimtiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, they transferees, assigns, successors in interest, and all others who at any time Gave been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plain[iffhas claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referted to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 reyuiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an ins[mctor or student at training sessions; (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cotrnsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabovq and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounu to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of [he gross settlement amount is $2,337.34. Of Plaintiffs total amount, $302.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $302.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $302.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $302.71 will be distributed to Plaintiff from the [nrst account within 30 days from [he deposit into the tmst account of the fourth installment on [he gross settlement amount The balance of the total due to Plaintiff, $302.71, will be distributed to Plaintiff from the trnst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of $787.39 and litigation costs of $36.39. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ~~~h c kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injtmctive or declaratory relief which Plaintiff has or might Gave, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Euture, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement ,-agreement but whteh may ht the furore be asserted by Plaintiff, or by another individual or emity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in eyuity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to 6y either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfeaed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and al! FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related m any past failure or refusal on the part of the County to properly calculate and pay overtone compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Setflement Agreement exist.lhis Settlement Agreement is not subject to any modification, waiver, or addition, Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants [hat Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or uttknown, present or futwe, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. the undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute [his agreement and that Plaintiff does so of Plaintiffs own &ee will and accord without reliance on any representation of any kind or character not expressly set forth herein. -s`-_--. _ SIGNATTJRE-OF LAINTIFF DATE SOCIAL SECURITY NUMBER: PLAfN"['IFF'S MAILING ADDRESS: APP OVE - _ - i ATTORNF,Y FOR PLA IFF ATTORNEY FO CO r ~~~i ~ T COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Cory Koi (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referted to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (R) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearrrts; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked fot or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as"Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the pazties hereto desire to compromise and settle all clauns and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including dte recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the *P*++~+~+~g four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $5,441.46. Of Plaintiffs total amount, $704.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $704.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $704.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $704.73 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $704.73, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obhgated [o pay attomeys fees of S I.R33.08 and litigation costs of ~~R4.71. PlaintitPs Attorneys Fees and Litigation Costs will be deducted nn a pro-ra[a basis by Plaintiffs' Counsel from each of the payments made to the Plamtiff_ Apart from mating the paytents in Paragraph P, above, the County shall have no obligation to Plaintiff to ensure that the Plaintitl's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other takes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any r li `t_~ c' ' kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or tenses of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the CouR In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failtrre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that [his Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the tmnsactioa or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, ]mown or uttlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtrre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation any kind or c cter no[ expressly set forth herein. _ ~Zj-O~ SIGNA F PLAINTIFF DATE SOCIAL SECiJRI'I'Y NUMBER: PLAIN"T'IFF'S MAII.ING ADDRESS: APP O A ~~f-{/~E~,.---// ATTORNEY FOR P TA~~~~~~~'CJIJIYt/ v ~QGt~ r ci N COMERONIISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreemen['~ is by and between Grant Kojuna (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit ofSpringer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stam[es (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by no[ compeusating Plaintiff 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 [hey relate [o the accrual and/or utilization of compensatory time off, (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby status; (8) by no[ compensating PlaintifT for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hoots worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory tune off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in [um disburse the appropriate payments to the Plaintiffs. - Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $4,926.06. Of Plaintiff s total amount, $637.98 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $637.98 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $637.98 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into [he tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $637.98 wlIl be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $637.98, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,659A6 and litigation costs of $76.68. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for [he payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a futl and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD IIARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s' behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve [his agreement, the terms and conditions of this agreement shall not be referred to by either party in [he further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioa, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in dte future. Nevertheless, Plaintiff aclmowledges that the sums to be paid m consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as described in this Agreement It if fiuYher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff wamants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. _~7 ~Z 3 ~a~f SIGN OF PL IFF DATE SOCIAL SECURITY NUMBER: PLAINFIFF'S MAILING ADDRESS: APP OVE D: ~Z!// ATTORNEY FOR PL IFF ~ O Y F R CO COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. 'Phis Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Gerald Kosaki (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been m privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojliawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work, (3) by not complying with the compensatory time off provisions of the Sta[u[es as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an insWCtor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked ur work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9,1 by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff [or the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join dre Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (refereed to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agrcement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ruin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $5,977.18. Of Plaintiff s total amount, $774.12 will be distributed to Plaintiff from the nest account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $774.12 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $774.12 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $774.12 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $774.12, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plainnft's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,0135fi and litigation costs of $93.05. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from aach of the payments made [o the Plaintiff. Apart from making the paytents m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff ~Qq~ J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described here}}qq sHal constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or cau~~f action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Farr Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes atl such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNffY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plain[if£, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, convact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Cotut. In the even[ that [he Court does no[ approve this agreement, the temts and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calmlate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the Cotmty dories any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement wntaivs the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Setflement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, presort or future, that Plaintiff has or may have agaitut the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth hereinQ SIG ATURE OF P AINTIFF I DATE SOCIAL SECURITY NUMBER: PLA]NTIFF'S MAILING ADDRESS: APP ATTORNEY FOR PLAINTIFF A~Y~ - F~iR CpLr1 SCP 2 7 1004 COMPROMISE SECTLEMENT, RFr.F.ACE AND INDI :LVINII'Y AGREEMENT A. This Compromise Settl®ent, Release, and ]ndemaity Agrumeot ('hatirta8er roferred W as the "Settlement Agreemeot'~ ri by and between Thomas Koyanagi (hereinafter roferred to as "Plaintiff ~ and the County of Hnwar'i, Hawaii Those collectively roferied W herein as "the County" shall include the County of Hawat"i, Hawat'i, its elected officials, employee, agents, and servsat9, pest and present, their nansfbree, assigns, successors in interest, end all others who at my time have been in privity with them or any of them This Settlement Agreement arise from a settlement reached in the lawsuit of Springer v. Catur[y ajHawaiti, Civt7 No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to heroin as the "Litigation"), end represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter SO of the Hawaii Revised Statutes (collectively referred to u "the Statutes") in one or mote of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its fiu7ure ro include in the calculation of Plaintiff s regular mte of pay ell such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pra~shift and/or post-shift briefing periods or other pre-shift orpost-shift periods of worlq (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to the accntal and/or utdizatioa of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinadotts without the payment of compensation; by not compensating Plaintiff for all hours worked as w instntcror or student az training sessions; by not compensating Plaintiff for all time worked inwork-rotated travel; (7) by not compensating Plaintiff for the time spent in standby slants; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods; (9) by not compensating Plaintiff for the time spent clewing and maintaining County-issued vehicles; (10) b)' not compensating Plaintiff for the time spent qualifying with firearms; wd (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented ro join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeye fees on account of the alleged farTuro or refusal of the County [a properly compensate Plaintiff for all time worked for or oa behalf of the County, end has retained the law firms of Winer, Meheula & Deveos, LLP and Aitchison & Vick (mSeaed to collectively as "Plaintiffs' Counse!'~ m prosewte the litigation; end, D. WFIEREA.S, bona Hde disputes end controversie mdst between the parties, both es to liabIliry cad the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to wmpromise wd scale all claims and causes of action of air kind which Plaintiff bas or may have in the future arising nut of m related ro any pest failure ar refirsel on the part of the County to fully end completely compensate Plaintiff for all overt®e bolas worked and to comply with the compensatory time off provision of the Stantfes; H NOW, THEREFORE, for wd in consideration of the mutant promisee wd agreements herein contained, incltuling the recitals set forth herei»ebove, end the monetary coasidemtion m be excbwged, the parties agree u follows: F. The total aggregate settlement amount for all Plaintiffi in this matter is $1,326y23.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 3D days of final approval of this Agreement by the Coari; the remaining four payments will be made annually on the successive annivtasazie of the firs[ payment G. The County will pay the settlement amounts to a oust aaotmt to be set up and managed by Plaintiffs' co-counsel firm of Winer, Mehetila & Devens, LLP, located in Honolydu, Hawaz'i, which wID in rum disburse Ote approprieto payments to the Plamtif3s. Attorney's fees wd fitigation costs will be satisfied by Plaintiffs tent of the amounts tmeived from the County. H. Plaintiff's share of [he gross settlement amount is $1,782.94.Of Plaintiff s total amount, $230.91 will be distributed to Plaintiff fiom the oust account within 30 days from the deposit into the trust accotmt of the first installment on the grass settlement amount Of Plaintiffs total amount, $230.91 will be distributed ro Plaintiff from the trust account within 30 days from ttre deposit into the taut account of the second installment on the gross settlement amount Of Phtntiff s total amount, $230.91 will be distributed ro Plaintiff from the trust acwun[ within 30 days fiom the deposit into the roust account of the third installment oa the gross settlement amotmL Of Plaintiffs total amount, $230.91 will be distributed to Plaintiff from dte tats[ account within 30 days fiam the deposit into the trust account of the toroth installment on the gross settlement amowt The balwce of the total due to Plaintii~ $23D.91, will be disuabuted to Plaintiff firm dte trust account within 30 days item the deposit into the trout account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attoroey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated m pay attnroey's fees of $600.62 wd litigation costs of $27.76. Plaintiff's Attorney's Fees wd Litigation Costs wfll be deducted on a pro-mta basis by Plaintiffs' Counsel from each of the payments made to die Plaintiff: Apart from malting the payments in Pamgmph F, above, the County shall have no obligation to Plaintiff to ensure that [he Plaintff's individual distribution is made. I. Ylaintifi shall be solely resporrstble for the payment of any Income or other taxes nn the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlemwt Agreement and acceptance of the monetary compensation decnbed herein shall constitute a full wd complete release, acquittal and discharge of the County from wy wd all claims, demwds, or causes of action of wy OCT 1 4 2004 kind whemoever fhrbeck wages, nopaid ahaiBht lima twmpereation, tmpmd ova4me compmmtioo, say fatlme m comP1Y wig campenteomy time oepmvisioas, llgttidaoed demagas, iatarst, enats, atoomeys ~ ~ at decla<atoty relief which Plaintiff has or miQ6t have, (mown arudmowq now ertis~g, that eithswete or eould haw been 5kdutrder the Fns Labor Standards pct andlor Chapte BO the Hawn'S Revised Stehrtes. This mkaao includes all such ckima or causes of action Sot attomey'a fem or coati, now or in Iha 8ttote, whether assectedm this litigation ~ sot Plaintiff agrees that the Comty has eatabtisbed the Section 207p~ parttid overtime exemptinn aruiQ the FLSa S. Ey agrxiog to the terms of this Settlement Agreement and accepting the payment of monies puavant m this Setlement Agrxment, Plaintiff ate to and does hmeby SAVE and HOLD HARMI.FSS the persons and entities released herein and agrees to It mENII~IIFY and DEFEND such person and entities fmm my and all claims, demands, or causes of action which am taleasirl by Wis Settlement Agreement but which may in the future be asserted by Plaintifiy or by another individual or entity on Plaintiff s behei~ based upon my theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, esvignment, or otherwise. L This agreement is contingent upon 95°/. of the Plaiatiffi in the Litigation consenting to the settlement sad executing appropriate settlemeatreleeses. M This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this eft, the te®s and coaditiona of this agreement shell not be mfeaed to by either party in the further litigation of this matter. N. It is axpmsaly understood and agreed that the terms of this Agreement am contrachral and not merely recitals end that the agreements contained herein and the consideration transferred are to compromise doubtful end disputed claims, avoid litigation, and obtain a peaceful tztointioa. and that m payments made na releases or other consideration given shall be constrrced es en ad¢rissioa of liability, all liabiL'ty beiaB expressly denied O. Plaintiff~decsmnda and agreav that Plaintiff may haw suffered damages that are presently tmlmown or that maybe discavmedm the fatme. Nevertheless, Pi®t~acknowledges that the sums m be peidm consideration of the Settlement Agreement ace iW®ded b and shell release sad dischuge anY and ell FLEA, Chapter S0, or other claims, demenda, m caosa of action of any kind vvhatroever arimg out of orrelated to any pest farlme orte[uael oa the part of the County m properly celenlste sad pay overtime compenaetioa to Pleia~for all overtime boom wari¢d u desm'bed in this Agreement u if fmthQtmdecaoood and agreed that the Ccuaty denim say sod all liebAity and that this Settlement Agreement' is not en admission ofliebth'ty, bat en agreement m avoid tulme cosdy litigation. P. This Setll~ent Agreement contains the errtim agreement between the patties It supersedes any and ell prior agteemmta, eaaogamenta, ormdetatendmgs between the patties on all wbju~i m a~ way related to the tcaaeectim err ox~ence desenbedm this Sattkmen[ Agreement No oml mdastendmga, atatemants, ptomivas, or indents contrary to or cansisaot with the terms of this Battlement Agreement exist This Battlement Agreement is not subject to eny modification. waiver, or addition A>ry chmgav is this agreementmay oatybe by means of a writing signed by alt parties. Q. The nodemigrud Plainti$'wa~als that Plaintiff hav read this SettlementAgnxment end tally unde~smnds it to be a wmQzomise end setlement and release of all claims, ]mown orunknawa, present or fvnne, thatPlaintiffhas or may haw against the pampa and entities released, arising sot of or relating m soy past faDme or refiual oa the pact of the Comty to propedy ulcalak mdpay overtime eompeosdion to Phtiatifffor all overtime hags wed The ffidemigned Plaintiff warmats thetPkintiff a oflegal age end legally wmpet®t b atcaacte this agreemam and that PLtintiff dons eo of Pleirui$'s own free wrl! and acaerd wifhotrt Ialiaoce ai atry repcesentetirm of say kind r character sot expressly set forth heroin. IGNATUILE OF DATE SOCIAL SECURTI'YN[iIvIBER: PLAIIV'IIFF'B MAII.ING ADDRESS: r APP G ATTORNEY FOR P ATTOI C ^ R 0 OCT 1 4 2004 COMPRONIISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement Agreement's is by and between Eric Kunitomo (hereinafter refereed to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Cotmt~' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fan Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ [raining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plantifffor the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the County, and Iras retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as m liability and the amount of damages, if any, and by mason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts m a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in rum disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $1,847.25. Of Plaintiff s total amount, $239.24 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $239.24 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tout account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $239.24 will be distributed to Plaintiff from the mrst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $239.24 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $239.24, will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of + $622.29 and litigation costs of $28.76. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behaff of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and~complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, ]mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this htigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlemrnt Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and rntities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may ta the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreemrn[ is contingent upon 95% of the Plaintiffs in the Litigation cottsrnting to the settlement and executing appropriate settlemrn[ releases. M. This agreemrn[ is contingent upon feral approval of [his agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that [he agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid liti¢ation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presrntly unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreemrnt are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLtiatiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlemrnt Agreement, is not an admission of liability, but an agreemrnt to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings betwern the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Seffiemrnt Agreement and fully understands it to be a compromise and settlement and release of all claims, ]mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~~7 ~w SIGNATURE OF PLAINTIFF ATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: - - APP O D: ATTORNEY FOR PLAIN'T'IFF ATTORNEY R CO ~ , ACT p i 2004 COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Kel Kunitomo (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hm~~ai'i. Civil No. 02-00289 KSC. filed in the United States District Court for the District of Hawaii (referred to herein as the Litigation"), and represents the total compromise. sculemcnt. and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff 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 Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instntctor or student at [raining sessions; (6) by not compensating Plaintiff for all time worked inwork-related [ravel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with fi~earins; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison 8r Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he patties, both as to liability and the amount of damages, if ate, and by reason of such disputes aM controversies the parties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and m comply with the wmpensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of 5265,384.61. The first payment will be payable within 30 days of final approval of [his Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula 8c Devens, LLP, located in Honolulu, Hawaii, which will in [urn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $1,865.48. Of Plaintiffs total amount, 5241.60 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he first installment on the gross settlement amount. Of Plaintiff's total amount. $241.60 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Wst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $24 L60wi11 be distributed to Plaintiff from the [rust account wR[hin 30 days from the deposit into the [rust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $241.60 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tntst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $241.60, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintifff is obligated to pay attorney's fees of $628.43 and litigation costs of $29.04. Plaintiffs Attorney's Fces and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. 1. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge oC the County from any and all claims, demands, or poses of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to rnmply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Ptaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Ad and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207 (k) partial overtime exemption under the FLSA. K. By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuam to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims. demands. or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on PlaintiR's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contrail, assignment, or otherwise. L. This agreement is contingent upon 95% oC the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and wnditions of this agreement shall not be referted [o by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat ehe Berms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff urderstands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge arty and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to arty past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies arty and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes arty and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to ibe transaction or oceurrence desen'bed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to arty modification, waiver, or addition. A~ changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and [hat Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kinyd or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP D: ATTORNEY FOR AI'['IFF ATTO Y R OLRTP~~~ OCT 1 4 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNI77' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referted to as the "Settlement Agreement's is by and between Scott Kurashige (hereinafter referred [o as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Stutdazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 [o the accrual and/or utilization of compensatory time off, (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without rite payment of compensation; (5) by not compensating Plaintiff for all hours worked as an ins[mctor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fnms of Winer, Meheula & Devens, LLP and Aitchison 8r Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, TI-IIItF.FORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all PLtintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rP'~+A++++++g four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $18,390.63. Of Plaintiffs total amount, $2,381.80 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $2,381.80 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $2,381.80 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into [he trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $2,381.80 will be distributed to Plaintiff from the trrrst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $2,381.80, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 56,19532 and litigation costs of $28629. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could Gave been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies ptusuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and weed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be consmred as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, ar causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmowa or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay ovemme compensation to PLtintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any Idnd or character not expressly set forth herein. SIGNATURE OF PL DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O G ED: ATTORNEY FOR PLAIIVTIFF ATTO Y F OCT 0 1 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Paula Ann JeLsma (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred [o herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fau Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 [o the accrual and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; 0) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (refernd to collectively as'Tlaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failtrre or refusal on the paR of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the muttral promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,97 ].98. Of Plaintiff s fetal amount, $514.42 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $514.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $514.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on [he gross settlement amount Of Plaintiff s total amount, $514.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $514.42, will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of .S 1,338.05 and litigation costs of $61.83. Plaintiffs Attorney's Fees and Lineation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart tiom making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtone compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes alt such claims or causes of action for attomeys fees or costs, now or m the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o [NDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by [his Settlement ,agreement but which may in the future he asserted by Plaintiff; or by another individual or entity on PlaintifFs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignrrten[, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed clauns, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Lability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and disclrarge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the par[ of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute [his agreement and that Plaintiff does so of Plaintiff s own Gee will and accord without reliance on any repnse akion of any kind or character not ex ressly set forth herein. 1 L~~ ~ - .mss SI ATURE OF PLAINTQ F D TE SOCIAL SECLTtITY NUMBER: PLAINTIFF'S MAILING ADDRESS: - - - AI'P A AG D: ATTORNEY FOR IFF ORNEY FO O / t' ~ L~~1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Leo Jitchaku (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed N the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed [hat the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Stamtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by aot compensatine Plaintiff for missed and/or interrupted mral periods; (9) by not compensating Plaintiff fx the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueamts; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reasoa of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failtre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of [he gross settlement amount is $2,158.94. Of Plaintiff's total amount, $279.61 will be, distrbuted to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $279.61 will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $279.61 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $279.61 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tout account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $279.61, will be distributed [o Plaintiff fiom the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 572729 and litigation costs of $33.6 L Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary competsation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or uttknown, now existing, that eidrer were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of [he Hawal'i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but whtch may m the future be asserted by Plaiutifl~. or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity_ and whether made by way of subrogation, contract. assignment, ur otherwise. L. This agreement is contingent upon 95% of the Plaintiffs ht the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the temrs and conditions of this agreement shall not be referred to by either patty in the further linganon of this matter. N. It is expressly understood and agreed that the terms of this .4greemen[ are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolmion, and that no payments made nor releases or other consideration given shall be construed as an admission of Lability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 8Q, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains [he entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in [his Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or futwe, that Plaintiff has or may have against the person and entities released, arising out of or relating to any pas[ failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own &ee will and accord without reliance on any represen ~ d or character not expressly set forth herein. i Sl'GNA LAINTIFF DATE SOCLL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: n APP OVE AC _ED: ATTORNEY FO ~AINTIFF - ATT~(?R C~~ti~~ OCZ 18 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Peter Jose (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has 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 [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Samtes; (2) by not compensating Plaintiff for pre-shin 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 [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical zvaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fveazms; and (I 1) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of dte County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cottnsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of [he mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.OS, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in lain disburse the appropriate payments to the Plaintiffs. Attorney's fees and htigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,329.68. Of Plaintiffs total amount, $431?3 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into [he trust account of the fast installment on the gross settlement amount Of Plaintiff's total amount, $431.23 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $431.23 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $431.23 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $43 L23, will be distributed [o Plaintiff from the must account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1.12 L68 and lineation costs of $51.83. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel From each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, dte County shall have no obligation to Plainnfhto ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities liom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by [he Court. In [he even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refened [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements cor.[ained herein and the consideration transferred are to compromise doubtfid and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Phtintiff acknowledges that the sums to be paid in considemtion of Ote Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime horns worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, anangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist'ILis Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. T7te undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Pktintiffs own flee will and accord without reliance on any representation of an>y kind or character not expressly set forth herein. ~J~ 9 ~~/os/ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: AP VE D: A Y FOR PLAIN'T'IFF ATTORNEY F CO OCT 0 8 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. Tltls Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Russell Lee (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "[he 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 them. This Settlement Agreement arises fiom a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawai i (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stam[es (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shifr or post-shift periods of work; (3) by not complying with [he compensatory time off provisions of the Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amotmt for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' cocounsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross setflement amount is $5,074.00. Of Plaintiff s total amount, $657.14 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $657.14 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the bust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $657.14 will be distributed m Plaintiff from the tmst account within 30 days from the deposit into the ttust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $657.14 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the [rust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $657.14, will be distributed to Plaintiff from Ure trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,709.30 and litigation costs of $78.99. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. c^~ J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall , ` constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any t. kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existutg, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court. In [he event [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the [emus of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred aze [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff' acknowledges that the sums to be paid in coasidemtion of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior a p greements, arrangements, or understandings between the parties on all subjects in any way related to the traosactioa or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The tmdersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any re~pr^efs'en,,tati'on of any kind or chazacter not expressly se[ forth herein. V^~'+~G/ ~PiLc~ n/2J/~ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII.ING ADDRESS: APPR VE D: ~ ~ ATTORNEY FOR AIIJTIFF ATTO Y FO C c COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafrer referred to as the "Settlement Agreement") is by and between Samuel Lee (hereinafter referred to as "Plaintiff and the County of Hawaii, Hawaii. Those collectively referted 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referted to as "[he Statutes") in one or more of die following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefing periods or other pre-shifr or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Samtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiting Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (]0) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Earns of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and [he amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The first payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlemenr amount is $2,278.96. Of Plaintiff s total amount, $295.15 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tins[ account of the Fast installment on the gross settlement amount Of Plaintiff s total amount, $295.15 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $295. l5 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $295.15 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into dte trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $295.15, will be distributed to Plaintiff from the trrvst account within 30 days from [he deposit into dte trust account of the fifth installmem on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of $767.72 and litigation costs ofS35 -18. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payment, made to die Plaintiff Apart from mating the paymentti in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of r c ~ kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with competrsa[ory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under dre Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under [he FLSA. K. By agreeing [o the [emts of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD I{ARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff; or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid furore costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the temrs of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or tmlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The tmdersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any ~ or character not expressly set forth herein. _ -~3 SI NA OF P AIN'IgF DATE SOCIAL SECURITY NUMBER: PLAIN'TIFF'S MAILING ADDRESS: 1- APP ~ ATTORNEY FOR PLAINTIFF ATTORNEY R CO 1 N COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Loy Ian Lee (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Stamtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stamtes, (2) by not compensating Plaintiff 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 Stamtes as they relate to [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plairtlff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may ]rave in the future arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration m be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $],326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account m be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. H. Plaintiff s shaze of the gross settlement amount is $7,010.04. Of Plaintiff s total amount, $907.88 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $907.88 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into [he [mst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $907.88 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $907.88 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on [he gross settlement amount The balance of the total due to Plaintiff, $907.88, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,361.50 and litigation costs of $109. l3. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Ylaintitl' Counsel from each of the payments made to the Plaintiff. Ap~-t from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clauns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to fhe terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaimiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, conuact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of [his agreement by the Court. In [he event that the Court does not approve this agreement, the tents and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. I[ is expressly understood and agreed that the teens of this Agreement aze contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or tnedersandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in [his agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully tmderstands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have agaipst the person and entities released, arising out of or relating to any pas[ failure or refusal on the part of [he County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation/off any kind or chazacter not expressly set forth herein. t~t~ SIGNATURE OF PLAINTIFF ~ DATE SOCIAL SECURITY NUMBER: ~v PLAIN"TIFF'S MAILING ADDRESS: ~ , r APP VE GR D: ATTORNEY FOR PLAINTIFF ORNEY FOR O COMPROMISE SETTLEMENT, RELEASE AND 1NDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indetnniry Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Stacy Leialoha (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, their ttansferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises tiom a settlement reached m the lywsui[ of Springer v. County ojlimvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Ac[ (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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the tune spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fow payments will be made annually om the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse [he appropriate payments to ilte Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $5,111.85. Of Plaintiffs total amount, $662.04 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the tins[ account of the fust installment on the gross settlement amount Of Plaintiff s total amount, $662.04 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. OFPlaintiffs total amount, $662.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiff's total amount, $662.04 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $662.04, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the [ms[ account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,722.05 and litigation costs of $79.58. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to enswe that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of [Iris Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under dre FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting dre payment of monies ptus~rant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in [he future be asserted by Plain[ifT or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred ro by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be contanred as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any aad all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to property calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agrcement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent wish the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or urtlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime wmpensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any repreJsentation o(~fp~an~y~kin~d o~r character not expressly set forth herein. SIGNA OF PLAINTIFF DATE SOCIAL SECURITY Ni1MBER: PLAINTIFF'S MAII,ING ADDRESS: APP VE ED: G''~// /n/ ATTORNEY FOR AIN'I'IFF / ~T/~ OCT 0 1 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Michael Leite (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the ~wsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or u[iliaation of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for al] hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fumy of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Cotrasel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Deveas, LLP, located in Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $5,744.04. Of Plaintiffs total amount, $743.92 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $743.92 will be distributed to Plaintiff from the [test account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $743.92 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $743.92 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the ws[ account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $743.92, will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S (,935.02 and litigation costs of $89.42. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff: Apart froth making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure ro comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might Gave, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the futtuo, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temts of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plain[iffagrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferzed aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shalt release and discluugc any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occtrrrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, lmotvn or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plainti8's own free will and accord without reliance on any representagon y kind or character not expressly se[ forth herein. y'--~1~ q ~ z ~ ~ SIGNATURE OF PLAINTIIF DATE SOCIAL SECT.JRI'I'Y NUMBER: t t ~ - _ ~ PLAINTIFF'S MAILING ADDRESS: AP O AG ED: _ ATTORNEY FOR PLAINTIFF ATTORNEY O CO S~~ 2 ~ 2aea COMPROMISE SETTLEMENT, RELEASE AND INDEMNI'T'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referted to as the "Settlement Agreement's is by and between Thomas Letttlle Jr (hereinafter referred to as `Plaintiffs and the County of Hawal'i, Hawaii. Those collectively referred to herein as "the Count}' shall include [he 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 them. This Settlement Agreement arises from a settlement reached in the jawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred ro herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fvearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation sceking to recover unpaid overtime compensation, liquidated damages and attorneys foes on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked far or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison 8c Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failtrre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel Earn of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments [o the Plaintiffs. Attorney's fees and htigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $4,614.98. Of Plaintiffs total amount, $597.69 will be distributed to Plaintiff from the bust account within 3G days from the deposit into the trust account of the fast installment on the gress settlement amount. Of Plaintiffs total amount, $597.69 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $597.69 will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amotmt. Of Plaintiffs total amount, $597.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into dte trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $597.69, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of $1,554.67 and litigation costs of $71.84. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation [o Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of [he County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, wsis, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowa, aow existing, that either were or could have been filed uadec the Fait Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Sectioa 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaimiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the CouR. In the even[ that the CouR does not approve this agreement, the temts and conditions of this agreement shall not be referred to by either party m the fiuiher litigation of this matter. N. It is expressly understood and agreed that the terms of [his Agreement are contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the paR of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement coatains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may orily be by means of a writing signed by all parties. Q. The tmdersigned Plaintiff warrants [hat Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtu or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any rep//esentation of any kind or character not expressly se[ forth herein. 9~.~ /v -o rJ -cam y SIGNATURE OF PLAINTIFF DATE SOCIAL SECURTPY NUMBER: PLA]IVTTF'F'S MAILING ADDRESS: i - APP O A AG D: ATTORNEY FOR PLAINTIFF / ATTORNE OR Cc~L~ j~~Y OCR 1 11pp4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Jeremy Lewis (hereinafter referred to as "plaintiff") and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the jawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff 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 Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueatms; and (11) by not otherwise compensating Plaintiff for hours worked on the Cotmty's behalf; C. WI-IEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, ITIEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,737.01. Of Plaintiffs total amount, $483.99 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fust installment on the gross settlement amount Of Plaintiffs total amount $483.99 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $483.99 will be distributed to Plaintiff from the tms[ account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $483.99 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $483.99, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,258.90 and litigation costs of $SR. l7. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel fmm each of [he payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other [axes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described here~tt shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, dem5nds; orcairses of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, ]mown or urrlmown, now existing, that either were or could have been 61ed under Ore Fair Labor Standards Act and/or Chapter 80 of Ore Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County bas established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the temrs of this Settlement Agrcement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Couzt In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in [he further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges Orat Ote sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any azrd all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff' for all overtime hoots worked as described in this Agreement It if further understood and agreed that dre County denies any and all liability and that Oils Settlement Agreement is not an admission of Lability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent wiOr the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by aL parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and a,uy understands it to be a compromise and settlement and release of all claims, ]mown or ualmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on Ote part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own tree will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~"~l'- 21 -O~ SI OF PL TIFF DATE SOCIAL SECURITY NiIMBER: PLAINTIFF'S MAII.ING ADDRESS: /"J `V' AP O AG D: ATTORNEY FOR PLAIN'T'IFF' A ORNEY FO CO .L^t`~{ w ~i1 N . Oct 11 04 04:S1p Will Ritchison 503-282-5877 p-3 COMPROMISE SETTLEMENT, RELEASE :1ND INDEMhTTY AGREEMENT A. This Compromise Settlement, Release, and lndemniN Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Charles Lindsey (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Flawai'i, 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 [hem or any of them. This Settlement Ay~eement arises from a settlement reached in the lawsuit of Springer v. Cnunn' alHnnzri'i, Civil Nu. 02-1)0289 (<SC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total _ compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fatr Labor Standards Act (FLSA) and Chapter 8G of the Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manntrs: (I) by failing ro properly compensate Plaintiff 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 Smtutes; (2) by not compensating Plaintiff for pre-shifi 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 provisiors of the Statutes as they relate to the accrual andior utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintifffor the time spent cleaning and maintaining County-issued vehicles; (10) by nol compensating Plaintiff for [he time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for Lours wonted on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys ftes on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheuln & Devens, LLP and Aitchison 3c Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bane fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 whicL 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 frilly and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision ofthe Statutes; E. YO W, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as Follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is SI,3?b,973.05, payable in five separate installment payments of 5265,384.6!. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive arudversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawai which will in rum disburse tF.e appropriate payments to dte Plaintiffs. - Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $!1,403.15. Of Plaintiffs total amount, $1,476.84 will be distribuced to Plaintiff from the oust account within 30 days from the deposit into the trust account of the first installmem on the gross settlement amount. Of Plaintiffs total amount. S1A7(i.44 will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into [he'trust account of the second installment on [he gross settlement amount. Of Plaintiff s total amount, $1,476.84wi11 be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,476.84 will be distributed to Plaintiff from the trwt account within 30 days from the deposit into the trust account ofthe fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,476.84, wil! be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attomey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,841.42 and litigation costs of $177.51. Plaintiffs .4ttomey's Fees and Litigation Costs will be deducted on a pro- rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the paymem of any income or other taxes on the amounts paid ro ur on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Aytreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County tiom any and all claims, demands, or causes of action of any kind whats«vcr for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to con[ply with Oct 11 04 04:S1p Will Ritchison 503-282-5877 p_4 wmpensatory time off provisions, liquidated damages, interest, costs, aaorneys fees, injunctive or declaratory rehet which 1'lamtiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes o(action (or attorney's fees or costs, now or in the future, whether nssened in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. h. By agreeing [o the terms of This Settlement Agrezmem and accepting [he payment of monies pursuant m This $et[Iemem Agreement. Plaintiff agrees [o and does hzreby SAV E and HOLD HARMLESS the pcroons zed ensues released herein and agrees m INDEMNIFY and DEFENU such person and entities lium any and all claims, demands, or causes of anion which arc released by this Settlement Agreement but which may in the future be asserted by Plaintiff or by anuthzr individual or entity on Plaintiff s behalf; based upon any theory of recovery, whether at law or m tyuity, and whether made by way of subrogation, contract, assignment, or otherwise. L. "this agreement is comingent upon 959' of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Coun. In the event that dtz Courz does not apprcvc this agreement, the terms and conditions of this agreement shad net be refeecd w ty eidt~r party is :he frn:i:er iiligatict: o this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that [he agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevett'lteless, Plainriff acknowledges that the sums [o be paid in consideration of [he Senlement Agreement are intended to and shall release and discharge any and nl I FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all ovenime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that [his Settlement Agreement, is not an admission of liability, but an agreetent to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any tied all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to die transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the tetras of this Settlement Agreement exist. This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this ageement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and amities released, arising out of or relating [o any past failure or refusal on [he part of the County to properly calculate and pay ovenime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on anv representation of any kind or character not expressly set forth herein. SIGNATURE OFPLAIN1•=_ DATE SOCIAL SECURITY NUMBER: PL.AINTIFF'S M.llL1NG ADDRESS: - ~ APP O G RE w ~ - ATTORNEY FOR NTIFF TTY~~R OLl TY ~C c 1 O LQO'1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement Agreement") is by and between John Lowney (hereinafter referred to as "PlaintifF') and the County of Hawaii, Hawaii. Those collectively referred m 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawar'i, Civil No. 02-00289 KSC, filed in the United States District Cout for the District of Hawaii (referted to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising fmm the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firsts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred m collectively as `Thtintiffs' Cottnsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parries hereto desire m compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related m any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fimr of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of [he gross settlement amount is $2,251.10. Of Plaintiff's total amount, $291.54 will be distributed to Plaintiff from the tms[ account within 30 days from the deposit into the [rust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $291.54 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust accotmt of the second installment on the gross settlement amount. Of Plaintiffs total amount, $291.54wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $291.54 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $291.54, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on [he gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $758.34 and litigation costs of $35.04. PlaintiYFs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plain[itti''s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensation, any failure to comply with Oet 14 04 OS:OOa " p.2 kind tahataoever for bads wages, mpaid straight ume oampmaaticn, onpeid overtime campensatitm, any some b campy with oampmeatay time ~'ptovisfom, ligddamd dtaoaga, interne. Doers, attnmeys fee, igjuoctiva err decbrmtory relief which Phtntiff hu err rrtij6t ban0. known m uolmown, now ertiaiog, that etthra were a Dodd Gave bees Sled ender the Fair Labor Standards Act aodrar Chapter SO of the HawuS Revised Staltttea 7Lia rekaae inchda all rsrlr claims or causes of actin fa attoroey'a fen oncosts, now or m the Rttwt, whether saatd'm this litigation or rol Pkdotiff a®~em that the Cowry hss eatebiiehed the Sectioe 207 exemption under the FLSA. (k) Pared overtime K. Hy agrxing b the tetme of this Satlwent Agreement and acmplmg We payment of monies putauaat b thin Settlement Agroematt, Pbtntiff agrtxs b cod does hereby SAVE and HOLD HARMLESS the persons and entitim tdwed herein and agrem to INDEMNIFY and DEFEND such person and entitim from any cod all claims. demmds, or eausm of action which ate released by this Sedemem Agreement but which may in the futrue be asserted by plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whedrer made by way of mbrogation, contract, assignment or oWerwise. L. This agreaaent is contingent upon 95%of the PLuntiffs in the Litigation consenting b the settlemem and czecutiog appropriate aealemrnt ralessa. M. This agreement is contingent upon Snel epprtfvwal of this agreement by We Court. fn the event that the Corm dam not spprove this agreearrcot, the tans and conditiam of thin a~eemmt shell not be refeaed b by aWa party m the further liflgatien of this matter. N. It rs eapressy understood and agreed thu the tams of this Agreement are contractual and not merrly recitals std that the agreements cooraioed 6aeia sad the cotnidersdoo 4artafened are b compromise doubdul and di4puted cleiass, avoid litigatioq and obtain • peaceful resolution, and Wet m paymcoh made nor releases or other consideration given she116e coasuued as an admission of liability, all liab7iry being acprmsly denied O. Plaintiff nndersunds and eErces diet PLtintiff may Gave suffered damagm that are pteseacly unknown or that maybe discovered in the forum. NwaWeleas, Phintiff aclmowlcdges that the atmn b be pnidm cortsitkaation of the Settlement Agteermot ate intended b and shall release and discharge any and all FTSA, Chapter B0, or other chums, demands, or rAtt9eb of action of any kind whabaver erring out of err reWed b any past fidlum err rothW m the pert of th Catrnty m propaiy calurlate sad pay overtime tompemwion b Phtiotiff8ar all orettime bouts worked as destxi6edm this Agreaneat. It if Suthertroderatood and agreed Wet rho Coturty denim soy and all LaMTity and Wert Wis Sankmmt Agmernatt, is trot as admiesiw of liability, but m agreement b avid fvaue caadY P. This Setllernent Agrewem cea4im Wo entire agrxmwt between rho partite. I<sirpetaedm airy and all prior agrtxmeats, arraogemaob, or wdasteodmy belaroea the paAim ou all atbjacts in any way relatd m the aansaetion or ooameace dmrn'bedm this Setdemmt Agreemaoe No awl wderstandmgi, ahtmenb, promieu, of ioWrcementa contrary b or wmistem wiW tlse tam+of tlus SanlemeolAgtarmm exist. Thin Setfkwemt Apeemmtr not sabjeer b any moditicatioq waiver, oradditirm. Any chmgm in Wier agretatmt may arty be by trrema of a writing signed by a0 parties. Q. The eoderaiptad PLtintiff warrants that Phtiatiffhas read Wis Sedement Agrtxuteat and fatty undmwnds it b be a txratpromite and sertlement and mkaee of all cVkos, (mown or trtrlmown, preacot or faaue, Wet Plaintiff hat or cosy have against the permu and eaeeia releasod, atrdog oat Dior rehting b any past Car7um err refuml m We part of the Cowry b properly mlerdaoe and pry wartime mmpenmtiw b Pktintiiff fa all overtime bows tworked. The wdersigaed Plaintiff warreob that Plaintiff is of legal age and legally ootopesmt b eecat this agreement and 16a[ Plaintiffdoea so ofPlaintiff s own freewill and accad wiWout reliance w a~ tepanoRatioreFa¢1 char ctr nM eKforth herein. ,~c~ V SIGNAT[1RE OF DATE SOCIAL 3E NIIMBFR S G ADDRESS: AP O , ATTORNEY FO ATIO F COUNI~~ . l~~y ~ 1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between George Makua (hereinafter refemd to as "Plaintiff') and the County of I-Iawai'i, Hawaii. Those collectively referred 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 [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 [o properly compensate Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensamry time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rrma;*;~g four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a [rust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will m fain disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s share of the gross settlement amount is $3,317.60. Of Plaintiff's total amount, $429.67 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $429.67 will be distributed to Plaintiff from the Imst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $429.67 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $429.67 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trttst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $429.67, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $l,l 17.61 and litigation costs of $SL65. Plaintiffs Anomey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of PlaintifT. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compersaton, unpaid overtime compensating any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or utilmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such chums or causes of action for attorney's fees or costs, now or N the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Cottrt. In [he event [hat the Court does no[ approve this agreement, the terns and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed clavns, avoid litigating and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if furder understood and agreed that the County denies any and all liability and that this Setflement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and filly understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that PLiintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for alt overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally wmpetent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any rep ration o y or character not expressly set forth herein. D9aaa ~ SI F P DATE SOCIAL SECURITY NUMBER: PLAIN'TIFF'S MAII,ING ADDRESS: , APR G ED: ATTORNEY FOR PLAINTIFF ~RNEY~ CO SEP 2 9 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Gabriel Malatd (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. chose collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release oEall the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (ELBA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shin 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 Stamtes as they relate to the accrual and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by not compensating Plaintiff for all hours worked as an inswctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of food approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a ttvst account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $1,500.00. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $194.27 will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of [he total due to Plaintiff, $194.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $505.31 and litigation costs of 523.35. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. L Plainflff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall coastimte a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. "Ibis release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrtxs that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, convact, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that [he Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the considem[ion transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement wntains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this SeWement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temas of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any represe lion of any ki/nd~o~rfchamcter not expressly set forth herein. /1 nn~~ SIGNA OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: APP O A d2EED: - T ' L _ ATTORNEY AINTIFF JTTORNEY F R O COMPROMISE SETTLEMENT, RELEASE AND INDEMNTfY AGREEMENT A. "Phis Compromise Settlement, Release, and Indemnity Agreement (hereinafter refetred to as the "Settlement Agreement") is by and between Mark Mangibin (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WfiEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 offprovisions of the Statutes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent N standby stains; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by no[ competsating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueamrs; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtune compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or relaud to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive atmiversaries of the fast payment. G. The County will pay the settlement amounts to a tins[ account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s share of the gross settlement amount is $3,074.54. Of Plaintiff's total amount, $398.19 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fust installment on the gross settlement amount. Of Plaintiff s total amount, $398.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $398.19wi11 be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $398.19 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plain[ift; $398.19, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintitis' Counsel, Plaintiff is obligated to pay attorney's fees of $1,035.73 and linganon costs of$47.R6. Plaintiff's Attorney's Fees and Litigation Costs will be deducted nn a pro-rata basis by Plaintitls' Counsel from each of [he payments made to the Plaintiff. Apart from making the paymen~s in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claons, demands, or cattses of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtone compensation, any failure to comply with Oot 13 2004 9:01 MP LRSEHJEI hHX P.a kod whaboevar 6or back wages, napaid flow caaapemuios~ ttrga>id overt®e ooatpeneation, say Lihrre to comply with °amD~D~'tme o$'Ixowioas. Liquidated demaga, io0etaet. eoals, aWxneYa 4ea. ityum4w a deolQalory relief which IMec~$haa err taigh 6ava, kaotva or nolmowq ntrw sdiatiog, that either were oroonld been Bled ~ Fair Labor Steodards Actaod/or Chapter 80 of the Hawat'i Raviaed StaWlea'Ihis relate inolttdas eLL nosh shrine a wuaa of ecl'ton Sot HOaney'a fees err otntr, mw err m the tbttue, wl>elher asserted is thi litigation or mt Plaiuiff agrees that the Coaaty bas eatabNched the 3action 207(k) partial overtime asemptios under the FL.SA. K BY agtaing to dse tmma of tlsv Settlement Agteettrmt and aeaeptiog the payment of momee pursuant to this Settlement Agmement, Ptsiotiff ague to and does hereby SAVE and HOLD uaaads FSS the person sad ernities mleased herein and egraea b 1ND~Y sad DEFEND such parsers sad entities from any and el l claims, domands, or causes of satins which em released by this Settlement Agreement but which may is the foram be asserted by Pleinifff, or by atwther individual or entity on Plaintiff s behalf, based upon eY d>cory of recovery, whether at law or inequity. sad whethm~ made by way of ett6ta$ation. oaotract, assignment, err omawise. L Ibis apeement is upon 95Y. of the PLinti$'s in the Litigation oonssntiag m the addemeal sad executing appaopriate erettkment releasers. M'Dm agmemem is camtiaigoat upon fens[ approval of this agmement try the Court In the event that the Court done sot approve thus agteemem, the terms sad eoaditiom of this egnxmeat shall mt be referred oo by either party is the further litigation of drier matter. N. It is esptnsly waleruood end agreed that the cams of this Agreement ens tonuac4ra! and not m e~enis cotrtsioed heneia sad the cwodaetioo ttaaeferred em to en adY tecitah and that the mpromiae doubtful and dispmed claims, avid litigation, sad obtain a peacefld teaolutioa, a>d that m paymrao made nor rekasa or other co~deratien gittm shall be ooasGtted ere ao admission of Hebility, all liability being expreedy denied. O. Plsia4ff undastends and sgrom Ihet PLtmtiff tnay have aulered damages that em presently tmlatowa err that maybe diswvered is the future. Neverthekaa, Plsitliff aelmowledga that the erns to be paidm ooosiiderttion of the Settlement Agreement ace cseoded m and tbail rNeate and dpchrge tiny and all FLEA, Chaplet 80, or other cbrims, deaoands, or oaoen of action of any ldod wheooever taisuag oat of amleted so say pct fatltae a te(iual m the pn of the Cauaty b properly ulwlate sad pay overtime eootpmtsatioa m Plelmlff foe ell overtime bows wodoed • dacabcd is this Agreement It if feather nndenlood sad agtecd that tlrc Cody deaiee aayand aLL tiebr7ity and that this Settlement Agreement, is sot m admission of ]iability, but m apeement m avoid firtae ~Y P.'This Settkmmt Agreement eontaim the entire egtetenant between the psrties. It supaaedes any sad aBprior agre®eoo, aaaegesoegts, or nodaamdiags between the pttiea m all subject in any wiry related m the treoeactioa err ot:cutrenoe deecrtbedm thin Settlemetu Agtaroeat. No onl naderpaadiogs, ahem®b. Ptamiaes. or indsoematri oontraryto or t with the 1©ms of this Settlement Agreement ~ 17ils Sett>emmt Agreement is mt wbjeet m ®Y modificatiaa, waiver, a addition. AnY clumgea in this a@tewmtmaY only be by means ad's atitiag signed by sR peAiw, Q.1Le trsdasigaed PkmtiB'werraota thst Pla3nti$ba rend this Settlement Agcement sod fulty utdaataods itlo be a exagno®iae and aetdem®t and rdeese of all claims, lmowa err ®Imowv, pmeeat or fupure, thrt Plaintiff has a may have egaiael the parson end entities released, atisitrg nod oecrmtatirrg to any past fatltae or tefasal ao the part e>t'the County to proprrly aladem sad Par overtime oompmarion to PlainNfffor au overtime boon wodood.'Ihe tandasigtmd Plaotiffwammis that Plaintiffi. oflegat age and lega8y competent to axeeste this agmemaat sad that Plsinti$doea so nfPlaiotrll'a own free well and xezaa without teh'soce rm any ,epee.mtatioo of atryLtiad err char.eleraw expressly set forth haters ~i~KJ//~ - oa. s. 2004 SIl3NA'fURE OF PLAINTlFp DATB SOCIAL, SF,Cl1RfiY NUMBER: PLAIIdTIFF'S MAII.RdG ADDRESS: ATTORNEY FOR ~~K'rr~~ CO OCT 1 2 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Ernest Matsumoto Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refenrd to herein as "the Count}' shall include dte 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 them. This Settlement Agreement arises from a settlement reached in.the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure to include in the calculation of Plaintiffs regular mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shin and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time offprovisions of the Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or in[ermpted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaitting County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hotus worked on the County's behalf; - C. WF~REAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained [he law funs of Winer, Meheula & Devens, LLP and Aitchison & V ick (referred m collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Flaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - _ H. Plaintiffs share of the gross settlement amount is $4,872.76. Of Plaintiffs total amount, $631.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $631.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he lmst account of [he second installment on the gross settlement amount. Of Plaintiff s total amount, $631.OSwi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $631.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $631.08, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,641.50 and litigation costs of $75.35. Plaintiffs Altomey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for [he payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff 7. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with _ OCT-12 04 11:26 FROM:FICPD RDMINISTRRTION 868-%1-6865 70:503 28i' Syr{ rraae:ei oompau+wory thne offprovisiom, dquidated damag«, iotnesr. coats, anorneys ftes, iajtroedve M tteclataary relief which Pleneiff has M might have, Iotowrt W tmlmoew, tww eaiadog, that eghe wac or could have beam filed nada the Fab Lbor Stattdarda Act atttVM Chepw.r BO of the Elawat'i Revised Stahu«. This tekast: irtchtdea all catch elairru M txus« of stbon fM ttmraey'a fen or costs now a m the forme, whaha aseartd in this dtiption or nor. Plaiadffagroes thu the County bd establishod the Seetigt 207(Ic) partial ovadme exemptiea under the FLEA. K. AY ttgteeiag to the alma of thin SeNeanent Agttxrttatc and accepting the paymen[ of mortice pursuant to thin Sealeateat Agreement, Plaintiff ttgtees to aM does hereby SAVE and HOLD HARMLESS the paaom and endriw tekned hecao and agre« to INDF].4~lFY and DEFEND wch ptaaon and attitica from my cad all cLims, tlanaads, a afros of sctioa which art: mleasad by this Sealentent Agttxment but which may N the future be axcereed by Plaiatiti; M by another individual or entity on Plaintiff s behalf, yased upon any theory of recovery, whether u law or in equity, and whether made by wry of aubroguion, connacC acsigtemwt o[ otheravise. L. This agreement u e:ontingtat upon 95"/. of the Plaintiffs in the Litigation coaseatiag to the seNemeat and tacwting sppropriaa aatlement releases. M. Thu agreement iv emtingent upon final approval of thi+ agreement by the Coon. Ia the event that the Cewn do« nm spprove this agreement, the terms and conditions of this agrtxmeot ttwll not be referred to by tadxr party in dte further Titigatitm of this matter. N. Tt is exprtccly understood and agreed that the terms of dtia Agrcemeut see crmtrxtual cad cot trxrcly rccitaic and that the agreements eantained heroin and the eonsiekrotioa trattsfened are to compromise doubtful and dLcputed claims, avoid litigating and obaie s peottful resolution, cad that ao payments made troy rokas« or other coasiderrdon given shall be conawed as as adroissioa of liability, a0 lisbihry being eapreaily tfeaied. O. PlaimB'tatdtaauads and agrm that Plaiadff rosy have suffered etamag« that aro presently tmknowa M that maybe dis:overod io the future. N.~athckss, Plaintiff rdmowktlges thu the wtae to be paid in wasidaadon of the Srtdemertt Agreement ate wteadd m and xhaU nltzae anti discharge mY and ad FLSA, Chapter 80, ar odta claims, dernaatls, or causes of action of my kind whaUOeva atitmg out of W related ro mY pea faittae a rdirfel oa rho part of the Ctxtttry a ProPedY takvlate and pay overtime coarpwatieo ro Phtiatiff for ell overtime boron wodtcd ae d«uibed is this Agreemed. It if litrtha Yndetsanod and a¢rxd that the County drnia my cad all dabiliry ant thsr this Settlement Agttxmem, u not as admission of liabidry, but m agreement m avoid {acre curdy titi8stioa. P. This Setdtmeo[ Agmmeat contains the entire agrcemeat betwcea the perti«. It strpasedea my cad all prier agmemcats, errutgtsueots, or tmdentstdiags baween the parti« on sd aubjectt in any way tetrad to the trarnactiou a occunoxe deaen'bed m this Settlemem Agrttentent No teal uaderwaadiaga, atatemenn. Promises, ur ioducemenn twmrvy to M twaaitatsa with the Lama of this Settkmem Agteemarc aeist. Thin Sertlement Agreement is tnt subjtx t b coy madi5cation, waiver. or addidata. Any tdtmg« is this agtammt auy only be by memo of a writing signed by aTl parti«. Q. The ttadasigttad Plaintiff wuraats thu Plaintiffhss read Chia Sealertrent Agrtxmau and {ally ttodaatanda it m be a etanpttatniee and eealement std release of ell clsiau, loaovvn or tmlmowa, present ar lbtttne, that Platndff has or tnry have ttgainet the person std amides released, arising out of M relating m say past fuloe m rcfuaal on the put of the Couary tD pro'pedY cakutaa and pay ovate mmpmxadoa to Plaintiff for all overtime bouts worked The tmdersigned Plaintift'wartmta thu Plaintiff is of legal age sod ke+lb compeanc a aeewte this egreeromt and that Plswtiffdeua so of Plainti8's own {roe will and accord without rel®nce on mY reptdetaatioa of my kitd oruhsrecter cot ely cot forth 6eten~ SIGNATURE Of P[.AIIJI7FT' ~ DATE - SOCIAL SEC[TRl'IY NIAviBER: PLAIIV7TFF'S MAILTAIG ADDRESS: APP O i( ATCORNEY FOR P .F / ATTp ~Uh~~Q,~~ OCR 1 ~ 1ppa COMEROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referted to as the "Settlement Agreement") is by and between Tyson Matsumura (hereinafter referred to as "plaintiff') and the County of Hawaii, Hawaii. Those collectively referred [o herein as "the Coant}~' 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 them. This Settlement Agreement arises from a settlement reached in [he lpwsui[ of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litiga[iod'), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor S[andazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Sta[u[es") in one or more of the following manners: by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shin briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at [mining sessions; (6) by no[ compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (81 by not compensating Plaintiff for missed and/or interrupted meal pericds; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; - C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "PLaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments ro the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s share of the gross settlement amount is $5,078.87. Of Plaintiff s total amount, $657.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of [he fast installment on the gross settlement amount Of Plaintiff s total amount, $657.77 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $657.77 will be distributed to Plaintiff from the [nut account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $657.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $657.77, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth instalhnent on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of $1,710.94 and litigation costs of $79.06. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Cuunsel from each of the payments made kt the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a futl and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any OCT 2 ~ 2~~4 kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failuue to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been Sled under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statures. This release includes all such chums or causes of action for attorney's fees or costs, now or in the futtue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the tents of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Cotut does not approve [his agreement, [he terms and conditions of this agreement shall not be referred to by either party in [he further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that the agreemenu contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if fitrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificauoq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all chums, lmown or unlmowq present or future, that PLUntiff has or may have against the person and entities released, arising out of or refitting to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own See will and accord without reliance on any representa ' ? of any kind or character not expressly set forth herein. c,lL, ~c7 - d /-U `f SIG A OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: APP OVE G D: c. ATTORNEY FOR AIN'I'IFF' ATT Y R CO OCT 2 ~ 1004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the'Settlement Agreement's is by and between Ty Medeiros (hereinafter referred to as `PlaiatifP') and the County of Hawaii, Hawaii. Those collectively refernd 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Counry ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Lineation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with [he compensatory time off provisions of the Stamtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ traoong sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tone spent qualifying with fireatms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover tmpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 Cotmty to fully and completely wmpensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a [rust account to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and fitigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $9,113.95. Of Plaintiffs total amount, $1,180.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,180.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [mst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,180.36 will be disuibu[ed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $1,180.36 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,180.36, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,070.25 and litigation costs of $141.88. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel fiom each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other farces on the amounts paid to or on behalf of Plaintiff Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall ,,`'~~p~t~ constitute a full and complete release, acquittal and discharge of the County from any and all claiats, demands, or causes of acdPn of anYu c' land whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fau Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plain[iffagrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities fmm any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may ur the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Coun. In the event that dte Court does not approve [his agreement, [he terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all Lability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on aL subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unknown, present or future, that Plaintiff has or may have against Ute person and entities released, arising out of or relating to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned PLtintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. S[G TURE OF PLAIIVTIF'F DA SOCIAL SECURITY Ni JMBER: PLAIN"I'IFT'S MAILING ADDRESS: APP ED: ~ ~ ATTORNEY F AINTIFF ATTORNEY F CO . Lr~ t, ~ , COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Stephen Meek (hereinafter referred to as "Plainti~~ and the County of Hawaii, Hawaii. Those collectively referred 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 is privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Counry ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "[he Stamtes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff 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 Stamtes; (2) by not compensating Plaintiff 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 Stamtes as they relate [o the accrual and/or utilization of compensatory time off; (4) by requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmcmr or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; ' C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &c Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as m liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts [o a trust account to be se[ up and managed by Plaintiffs' co-counsel 5rm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,500.00. Of Plaintiffs total amount, $194.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amotmt. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $194.27 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of [he third installment on the gross settlement amount. Of Plaintiff s total amount, $194.27 will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $194.27, will be distnbuted to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $505.31 and litigation costs of $23.35. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any ~r,t kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been 51ed ands the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aU strch claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under [he FLSA. K By agreeing to We terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrces [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNQ~Y and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the furdter litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contrnctual and not merely recitals and that the agreements contained herein and the considerntion transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described is this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior p agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that PLtintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representatior of y kind or character not expressly set forth herein. u SIGNATURE~OF PLAINTIFF ~ Z / SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII,ING ADDRESS: APP VE G D: ATTORNEY FOR PLAINTIFF ATTO Y F COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Andrea Mejia (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached th the lawsuit of Springer v. County ojHuwai'i, Civil No. 02-00289 KSC, filed in [he United States District Court for the Distnct of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settttlemem, and release of all the claims arising from the Litigation. 6. WHEREAS. Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes'")None or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Stamtes, (2) by not compensating Plaintiff For pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization ofcompensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for al] hours worked as an instructor or student at training sessions: (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent N standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; ((0) by not compensating Plaintiff for the time spent qualifying with fvearms: and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf: C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtone compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fnms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `TlaintifEs' Counsel") to prosecute [he litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related [o any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts [o a irtrst account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $9,170.04. Of Plaintiff s total amount, $1,187.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fvst installment on the gross settlement amount. Of Plaintiffs total amount $1,187.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $1,187.63will be distributed to Plaintiff from the wst account within 30 days from the deposit into the wst account oY the third installment on the gross settlement amount Of Plaintiffs total amount, $1,ISZ63 will be distributed to Plaintiff tiom the test account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,187.63, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the ternts of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of 53.089.15 and litigation costs of $14275. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Gom each of the payments made to the Plainufl~. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintitl~ to ensure that the Plaintiffs individual distnbuuon is' made. 1. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claons, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whethtt asserted in this litigation or not. Plaintiff agrees that the County has established [he Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAV E and HOLD HARMLESS the persons and entities released herein and agrees to INUEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which arc released by this Settlement Agreement but which may in t he future be asserted by Plaintiff, or by another individual or eNity on Plaintiff s behal f based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assigmnen i, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. [t is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration Vansferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that ate presently unknown or that may be diswvered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agtad that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement betwcen the parties. If supersedes any and aLL prior agreements, anangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the Leans of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or »nlmown, present or future, that PLtintiff has or may have against the person and entities released, arising out of or relating to any pas[ failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and [hat Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. - ~ pfd ~ p (~--®t-F, SIGNATURE O LAI F DATE SOCIAL SECURPI'Y NUMBER: PLAL~TIFF'S MAILING ADDRESS: APR A ,`,~~~/-7 ' .ATI~ORNEY fOR PLAI!V"llff. _ ~ _ q~y/ Ey (~~~~~-i!//e ~ 1pp~ 0 COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Patrick Menino Jr (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred 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 tltem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [he Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiting Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal perioas; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, 0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for horns worked on the County's behalf; C. WHEREAS, Plaintiff bas consented to join the Litigation seeking m recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained dre law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or tray have in the future arising out of or related to any past failure or refusal on the part of the Cotmty to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stam[es; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-couosel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $3,940.12. Of Plaintiffs total amount, $510.29 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount Of Plaintiffs total amount, $510.29 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s mtal amount, $510.29 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount $510.29 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on [he gross settlement amount The balance of the total due to Plaintiff, $510.29, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $1,327.32 and litigation costs of $61.34. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made to the Plaintifl~. Apart tram making the payments in Parasraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any ~ r' ` 2' Idad whatsoever for back wages, tmpaid straight time compensation, tmpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or ualmown, now existing, that either were or could have been 51ed under Ote Fav Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or entrees of action for attorney's fees or costs, mw or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiffagrtxs to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered datnages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as described in this Agreement. It if fiuther understood and agreed that the Counry denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties oa all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Seffiement Agreement is not subject to any modiScation, waiver, or addition Any changes is this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has mad this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked. The undersigned Pltintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein, C3'~ wl ~ ~ • ~--2 3- o~ SIGNATURE OF P'LAINTIFF' U DATE SOCIAL SECURITY NUMBER: PL MAII.ING ADDRESS: APP ATTORNEY FOR P TTORNEY FO COUNTY 'l~°~a ~ . c~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Cul Milldrum III (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred [o 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 m privity with them or any of them. This Settlement Agreement arises fiom a settlement reached in the Ipwsuit of Springer v County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Samtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Stamtes; (2) by no[ compensating Plaintiff 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 [hey relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WI~REAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime wmpensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Rlaintiffs' Courrsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a [rust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $1,704.11. Of Plaintiff s total amount, $220.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fast installment on the gross settlement amount. Of Plaintiff s total amount, $220.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tout account of the second installment on [he gross settlement amount. Of Plaintiffs total amount, $220.70 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on [rte gross settlement amount. Of Plaintiffs total amount, $220.70 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the [rust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $220.70, will be distributed [o Plaintiff from the [rust account within 30 days from the deposit into the test account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $574.07 and litigation costs of $26.53. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-m[a basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the paymenu N Paragraph F, above, the County shall have no obligation to Plaintiff` to ensure that the Plain[ifFs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fav Labor Stmdards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the [ernu of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to [NDEMN[FY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by [his Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assigtunent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does no[ approve [his agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the temrs of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agrcements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINT'IF'F DATE SOCIAL SECURITY NUMBER: PLAIN"FIEF'S MAILING ADDRESS: ~ APP D A ATTORNEY FO IFF ATTORNEY F R COTJ - O oCj 121~~y COMEROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Brian Miller (hereinafter refereed to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 [hem. This Settlement Agreement arises from a settlement reached in the Ipwsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has clavned that the Counry has violated the Fair tabor 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 Plaintiff 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 Samtes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensatine Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the tune spent in standby stains, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, 0) by not compensating Plaintiff for the time spent qualifying with fvearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. . H. Plaintiff s shaze of the gross settlement amount is $3,590.71. Of Plaintiff's total amount, $465.04 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $465.04 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $465.04 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $465.04 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $465.04, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of PlaintiYPs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S 1.209 fit and Litigation costs of $55.90. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to dre Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff [o ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kid whatsoever for back wages, unpaid shaight time compensation, unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or udmowq now existing, that either were or could have been 51ed under the Fair Tabor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or m the futwe, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Senlement Agreement, PLuntiff'agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration traasfetred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. PLuntiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff' aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FISH, Chapter 80, or other claim4, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensaton m Plaintiff for all overtime bouts worked as described in this Agreement It if furtiter understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, atrangcments, or understandings between the parties on all subjects in any way related to the transaction or occturence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlemem Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for aU overtime hours worked The undersigned Phrintiff warrants that Plaintiff is of legal age and leg patent to execute this agreement and that Phtintiffdoes so ofPlaintiffs own &ee will and accord without reliance on any ~y kin r ` of expressly set forth herein. ~'~'T~jt/Bt~ 22 ~~-L'~D~- SIGNATtTRE OF PLAII~'FIFF DATE SOCIAL SECiJRTI'Y NUMBER: PLAINTIFF'S MAILIlVG ADDRESS: ~ _ _ =i APP O ' ATTORNEY FOR PL F ATTORNEY F CO . ~ ~~0~ C(\~. J~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Kelly Minami (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises firm a settlement reached in the lpwsui[ of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arisin¢ from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regular rate of pay all such compensation as is requved by Statutes, (2) by not compensating Plaintiff 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 [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmcmr or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by no[ compensating Plaintiff for the tune spent qualifying with firearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'T'laintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, ff any, and by mason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, TT3EREFORE, for and in conssidemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Cotut; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $2,778.10. Of Plaintiff's total amount, $359.80 wIll be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $359.80 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $359.80 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $359.80 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $359.80, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the feints of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $935.87 and litigation costs of $43.25. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each oC the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and aU claims, demands, or causes of action of any C ~ 2RC~t ~~I ti ' kind whatsoever for back wages, unpaid straight time compertsatio0. unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive err declaratory relief which Plaintiff has or might have, known or trtrknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawat"i Revised Statutes, lLia release includes all such cLtims or causes of action for attorney's fees or costa, now or in the fugue, whether asserted is this litigation or not PLtintiff agrees that the County has established the Sxtion 207(k) partial overtime exemption under the FLSA. IC BY agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or inequity, and whether made by way of subrogatioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the CouR In the event that the Court does not approve this agreement, the temrs and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the considemton transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently uulmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, err other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County W properly calculate and pay overtime compensation to Plaintiff for all overtime hours workcd as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects is any way related to the trnosaction or occurrence descnTxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or wnsistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff watnats that Plaintiff has read this Settlement Agreement and frilly understands it to be a compromise and settlement and release of all chtims,lmown or unlmowa, present or futon;, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past faihue or refirsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned PLtintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that PLuntiff does so of Plaintiffs own five will and accord without reliance on any representation of any kind or ch/ara~cter not expressly set forth herein. NA OF PLAINTIFF DATE SOCIAL SECLJRI'I'Y N[IMBER: PLAIN'TIFF'S MAII,ING ADDRESS: APP ATTORNEY FOR P TTORNEY FO O ~ " 2(lQti ti COMEROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Wayne Mitsunaga (hereinafter referred to as "Plaintiff') and [he Counry of Hawaii, Hawaii. Those collectively refemd to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the Ipwsui[ of Springer v. County ojHawai'i, Civi] No. 02-00289 KSC, filed in the Onited States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff For overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireaans; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking tq recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 nay 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including [he recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaitilng four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $1,570.70. Of Plaintiff's total amount, $203.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $203.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Irus[ account of the second installment on the gross settlement amount Of Plaintiff s total amount, $203.42 will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $203.42 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff; $203.42, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fifth instalhnent on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees oC $52913 and litigation costs of 524.45. Plaintiffs Attorneys Fees and Litigation Costs wtll be deducted on a pro-rata basis by Plamliffs' Counsel t}om aach of the paymcros made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County firom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attamey's fees or costs, now or in the Cuture, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime ezemp[ion under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by Ote Court. Tn the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and dta[ the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future cosdy litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of kind or character not expressly set forth herein. lGla / o - I ~ SIGNA OF PLAII~PFIFF DATE SOCIAL SECLJRI'I'Y NUMBER I - r PLAINTIFF'S MAII,ING ADDRESS: APP VED , ATTORNEY FOR P F ATTORNE O CO OCT 18 2~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Matthew Miyasato (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as `Yhe County" shall include [he County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lywsui[ of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shifr and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $16,358.09. Of Plaintiffs total amount, $2, 118.57 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $2,118.57 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $2, 118.57 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trnst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $2,118.57 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tnust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $2,118.57, will be distributed to Plaintiff from the trust accoutrt within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's tees of $5,51 Q61 and litigation costs of $254.65. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel liom each of dre payments made to the Plamnff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintitl~ to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may N the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refened [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the teens of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently tutlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtone hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or cecurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or tmlmown, present or future, that Plaintiff has or may have against the person and entitles released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigoed Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PL ATE SOCIAL SECURITY NUMBER: < PLAINTIFF'S MAILING ADDRESS: / ~ APP OVE A RE ~ ATTORNEY FOR P IFF ~ORNEY CO i 1>'~~ n - r COMEROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement AgreemenP') is by and between Daniel Mlakar (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 a[ any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions, (6) by not compensating Plaintiff for all time worked in work-related navel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueamrs; and (1 I) by not otherwise compensating Plaintiff for hours worked on [he County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collxtively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have m the future arising out of or related to any past failuue or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $20,957.20. Of Plaintiff's total amount, $2,714.20 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $2,714.20 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $2,714.20 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $2,714.20 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $2,714.20, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of [he fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreemem with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $7,059.93 and litigation costs of $326.24. Ylain[if£s Attorney's Fees and Litigation Costs will be deducted on a pro-mta basis by Plaintiffs' Counsel from each of the payments made to [he Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constim[e a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory [vne off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or uolmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the futtue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of [his Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and al] claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf. based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the teens and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. [t is expressly understood and agreed that the teens of this Agreement aze contractual and not merely recitals and [hat the agreements contained herein and the consideration vansferred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the paR of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ [o be a compromise and settlement and release of all claims, Imown or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any pas[ failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PL.4~ F DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII,ING ADDRESS: L-- APP OV ED: ~~//77 /'J /~~r . ~ / ATTORNEY AIN"I"IFF TTTORNEY F C UN t~ OCT 0 1 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. "Ibis Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement AgreemenP') is by and between Kamuela Moraes (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors al interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement azises from a settlement reached in the kwsui[ of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as [he "Litigation"), and represents [he total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawaii Revised Statutes (collectively referred to as "the Statutes")alone or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff for pre-shift and/or post-shift btiefmg 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 [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all :ime worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Counry, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collxtively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.OS, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Deveas, LLP, located al Honolulu, Hawaii, which will in tutu disburse [he appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $1,511.97. Of Plaintiff s total amount, $195.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fcst installment on the gross settlement amount Of Plaintiffs total amount, $195.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $195.82 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the third instalhent on the gross settlement amount Of Plaintiff s total amount, $195.82 will be distributed [o Plaintiff from [he trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $195.82, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $50934 and litigation costs of $2354. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowv, now existing, that either were or could have been fded under the Fau Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whetlrer asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMMFY and DEFEND such person and entities from any and all claims, demands. or causes of action which are released by this Settlement Agreement but which may in the future be assened by Plaintiff, or by another individual or entity on Plaintitl's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate setflement releases. M. ibis agreement is contingent upon final approval of this agreement by the Court. )n the event [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat are presently unlmown or that may be discovered in the futuue. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This SeWement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. q-2_~j-- ~ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PL 'S MAII.ING ADDRESS: APP O D: - - 7 - ~ ATTORNEY FOR P AIIdTIFF ~ F C UNT~Y?~ vT ~ 16p4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Prentiss Moreno (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "[he Count}' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referzed to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interzupted meal periods; (9) by not compensating Plaintiff for [he time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula &Devens, LLP and Aitchison & V ick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by mason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversazies of the fast payment. G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula &Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $9,040.45. Of Plaintiff s total amount, $1,170.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he tmst account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,170.85 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the oust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,170.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $1,170.85 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,170.85, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 53,045.49 and litigation costs of $140.73. Plaintiffs Attorney's Fees and Litigation COSLS will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymen~s made to the Plaintiff. Apart from making dte payments in P;uagraph F, above, the County shall have no obligation to Plaintiff to ensure [hat the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory tune off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fav Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMN~ Y and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in dre future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. 'Phis agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of hability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges [hat the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calctate and pay overtime compensation to Plaintiff for all overtime hotus worked as described in this Agreement It if further understood and agreed that the Cotmty denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrartgements, or understandings between the parties on all subjects in any way related to the transaction or cecturence descnibed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read [his Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIG TURF OF PLAINT'IF'F DATE SOCIAL SECURITY NUMBER: PLAINT~F'S MAILING ADDRESS: , w APP O ED: ~ > / ATTORNEY FOR PLAINTIFF ATT ~c~~ ' M1L C t . t~ - . COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Renee Morinaka (hereinafter referred to as "Plaintiff') and dte County of Hawaii, Hawaii. Those collectively referred to herein as "the Counry" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, thew transferees, assigns, successors in interest, and all others who at any time have been in privity with [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plafntiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referted to as "the Stam[es") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiff's regular mte of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff 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 [hey relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without dte payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instmctor or student at training sessions, (6) by not compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireamts; and (11) by not otherwise compensating Plaintiff for hoots worked on the Counry's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the Counry, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 which Plaintiff has or may have in the futtrre arising out of or related to any past failure or refusal on the part of the Cotutty to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration to be exchanged, the parties agree as follows: F. T'he total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fora payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-couttsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and htigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $8,567.94. Of PlaintifFs total amount, $1,109.65 will be distributed [o Plaintiff from the nust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $1,109.65 will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,109.65 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,109.65 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,109.65, will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintitf's attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $2,886.32 and litigation costs of $133.38. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clavns, demands, or causes of action of any SE? 2 7 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) pamal overtime exemption under the FLSA. K. By agreeing to the [emu of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of [his matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid iitigation, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if funher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. Ic supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wamants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any rep o y kind or character no[ expressly set forth herein. q.a~--o ATURE OF PLAIN"CIFF DATE , SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: - t , APP OVE AG ATTORNEY FOR PL IFF ATTORNEY R O SEP 2 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Randy Morris (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referted [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims fatising from the Litigation. B. WHEREAS, Plaintiff has 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 Stamtes") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtone worked by reason of its failure ro include m the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 [hey relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7)' by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liabtlity and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related m any past failure or refusal on the part of dte County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remainotg fora payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $10,450.41. Of Plaintiff s total amount, $1,353.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,353.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,353.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiffs total amount, $1,353.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,353.45, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 53,520.47 and litigation costs of $162.68. Plaintiff s Attorney's Fees :utd Litigation Costy will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made to the Plaintiff. Apart frum making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, coszs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or ttnlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the [emrs of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, [he terms and conditions of [his agreement shall no[ be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and :he consideration transferred are to ccmpremise doubtful and disputed claims, avoid Gdgation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presendy unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as descn'bed in this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temrs of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a wmpromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refissal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warranzs that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own tiee will and accord without reliance on any representation of any kind or character not expressly set forth herein. 9-ys~ SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIVTIFF'S MAII.ING ADDRESS: ~ AP OVE A ATTORNEY FOR P IFF ATTORNEY FO CO c~i o : 2oea COMEROMLSE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refernd to as the "Settlement Agreement") is by and between Shaue Muramaru (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "[he Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory tune off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related navel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 land 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepaza[e installment payments of $265,384.61. The first payment will be payable within 30 days of feral approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from [he County. H. Plaintiffs shaze oF[he gross settlement amount is $5.601.24. Of Plaintiff s total amount. $725.43 will be dL~tributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $725.43 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into [he tins[ account of the second installment on the gross settlement amotmt. Of Plaintiffs total amount, $725.43 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $725.43 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [ms[ account of the fourth installment on [he Boss settlement amount. The balance of the total due to Plaintiff, $725.43, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,886.91 and litigation costs of $87.20. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making dte payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any sL~ s o 2aaa kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such clauns or causes of action for attomeys fees or costs, now or m the Cutttre, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursttant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf; based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the teens and conditions of this agreement shall not be referred to by either party in dte further litigation of this matter. N. It is expressly understood and agreed that [he terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration ttansferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all hability being expressly denied: O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges [hat the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any pas[ failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if fiuYher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between [he parties. It supersedes any and all prior agreements, anangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with dte terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The tmdersigned Plaintiff wanants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or trtiknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refitsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and [hat Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. - ~ x'27 - ~ SIG OF PLARJTIFF DATE r SOCIAL SECURITY NUMBER: PLAINTff'F'S MAILING ADDRESS: APP O G T ~ A Y FOR P F ATTORNEY F CO r.r") 11 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Verl Nakama (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refernd to herein as "the County" shall include the Counry 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regular mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or +nterrupted meal periods; (9} by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fiilly and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs share of the gross settlement amount is $1,635.22. Of Plaintiff s total amount, $211.78 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the oust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $211.78 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $211.78 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiff s total amount, $2l 1.78 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on [he gross se[ement amount. The balance of the total due to Plaintiff, $211.78, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 5550.86 and litigation costs of $25.46. Plaintiffs Attorney's Fees and Litigation CosLS will he deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the paymenLS in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to [his Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plain[ifPs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contrncma] and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or cases of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as descnTred in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the temts of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that PLuntiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not e~ set forth herein. O ~l J. ~--c:>~ SIGNATURE OF AINT DATE SOCIAL SECURITY NUMBER: PLAINT'IFF'S MAILING ADDRESS: APP OVE G 2 ATTORNEY FOR ffF ATTi'~CO sty ~ ~ 2ooa COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Robert Newcomb Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawoi'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS. Plaintiff has clarmed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamtes (collectively refered to as "the Statutes") in one or more of the following manners (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shiftand/or post-shift briefing periods or other pre-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff' for al] hours worked as an instmctor or student at training sessions, (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff For missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the Ivne spent cleaning and maintaining County-issued vehicles, (]0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Cottasel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, ff 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 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 fitlly and completely compensate Plaintiff for all overtime hoists worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration m be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts [o a tnrst account to be set up and managed by Plaintiffs' co-counsel fimr of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tam disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's share of the gross settlement amount is $1,744.81. Of Plaintiff s total amount, $225.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on dre gross settlement amount Of Plaintiff s total amount, $225.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amounC. Of Plaintiff s total amount, $225.97 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $225.97 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $225.97, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amoumt. Under dre terms of Plaintiffs attorney's fee agreememt with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $~87 78 and litigation costs of $27.16. Plaimiffs Attorney's Fees and Litigation Costs will he deducted on a pro-rata basis by Plaintiffs' ('ounsel from each of the payments made to the Plaurtilf. Apar from nud:ing dre payments in Paragraph P, above, she County vhall havr no obligation to Plaintiff to ensure that the Plaintiff s urdividual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff' has or might Gave, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aU such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agrceing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity nn Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or otlrer consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Setflement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist T7tis Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlwowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly se[ forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER PL 'S MAILING ADDRESS: APP OVE A A T- ATTORNEY FOR PLAINTIFF ORNEY FO , OUNTY pOj 0:~ 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafrer referred to as the "Settlement Agreement's is by and between Marshall Ney Jr (hereinafter referred to as "Plaintiff") and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. Countyy ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents rite total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one or more of the following mowers: (1) by failing to properly compensate Plaintiff 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 Plaintiff 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 compertsa[ory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent m standby status; (8) by not compensating Plaintiff for missed and,'or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with ftreamas; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover wpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Cowty to properly compensate Plaintiff for all time worked for or on behalf of the Cowry, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiff's' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime bouts worked and to comply with the compensatory time off provision of the Statutes; E. NOW, TFiEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made awually on the successive awiversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amowts received from the County. H. Plaintiffs shaze of the gross settlement amount is $8,224.OS. Of Plaintiff s total amount, $1,065.11 will be distributed to Plaintiff from [he tnrst account within 30 days from the deposit into [he tmst account of the first installment on the gross settlement amowt. Of Plaintiffs total amount, $1,065.11 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amowt. Of Plaintiffs total amount, $1,O6S.11 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,065.1 I will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust accowt of the fourth installment on the gross settlement amowt The balance of [he total due to Plaintiff, $1,065.11, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,770.47 and litigation costs of $ t 28.03. Plainti tf's Attorney's Fees and Litigation COSLS will be deducted on a pro-rata basis by Plaintiffs' Counsel From each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amowts paid to or on behalf of Plaintiff: J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Cowry tram any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fav Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o [he terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such pecson and entities from any and al] claims, demands, or causes of action which are released by this Settlement Agreement but whtch may in the Cuture be asserted by Plaimiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. Tlus agreement is contingent upon 95% of the Plaintiffs in the Litigation conserving to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either parry in the further litigation of tkus matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to comoromise doubtful and disputed claims, avoid lineation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlatown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between ilre parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements conttary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent [o execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any kind or character not expressly se[ forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUIvIBER: PLAIN"C 'S MAILING ADDRESS: APP O A A RE ~j ATTORNEY FOR FF ATTORNEY FO C OCY 1 2 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEIVIlYITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refemd to as the "Settlement Agreement") is by and between Mark Ohats (hereinafter referred to as "Plaintiffs and dre County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, they transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of [he Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at [mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Sans of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Courrsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 lied 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The Srst payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel Stm of Winer, Meheula & Deveas, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $6,793.54. Of Plaintiff s total amount, $879.84 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he [rust account of the fast installmem on the gross settlement amount Of Plaintiff s total amount, $879.84 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $879.84 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $879.84 will be distributed to Plaintiff from the tots[ account within 30 days from the deposit into the oust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $879.84, will be distributed to Plaintiff from the trust account within 30 days tiom the deposit into [he trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,288.56 and litigation costs of $105.7fi. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such clavns or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement agreement but wluch may in the future be asserted by Plumtiff, ur by another individual or entity on Plaintiff's' behalf, based upon anv theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferzed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges [hat the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement [o avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. I[ supersedes any and all prior agreements, arrartgemen[s, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff waaants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. _ ~ Septembe.r 22, 2004 SIGNATURE OF PLAINTIFF DATE SOCIAL SECURI (Y NUMBER: PLAINT 'S MAI G ADDRESS: - - - APP OV AN A F .D: ATTORNEY FOR NTIFF ~RN~~C~.'~~SL~JT~ ~ ~ 1~~y COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement AgreemenP') is by and between Robert Okajuna (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. chose collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lpwsui[ of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Samtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shin and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the competsatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensative Plaintiff for all time worked in work-related travel; by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover tmpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimrs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cormsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to Lability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desve to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a [rust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $7,056.82. Of Plaintiffs total amount, $913.94 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $913.94 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $913.94 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on [he gross settlement amount. Of Plaintiffs total amount, $913.94 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the irtrst account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $913.94, will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2.37726 and litigation costs of $109.85. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff: Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintit to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a Cull and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or uttlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temts of [his Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by anodter individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. Tn the event that [he Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. 0. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all riot a p greements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oml understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff waaants that Plaintiff has read this Settlement Agreement and fully tmderstands it [o be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusai on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own flee will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. o~ _ o9~a~-~ ~f SIGNATURE OF AINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP ROVE AG E ATTORNEY FOR P IFF ATTORNEY F R OUN ~ ~ ~~oy S~Q COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Leland Pa (hereinafter referred ro as "Plaintiff") and the County of Hawaii, Hawaii. Those collectively refernd to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related [ravel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintairring County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid ove[[ime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County m properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law fnms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cottnsel") m prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including Ute recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of [he fast payment G. The County will pay [he settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disbtuse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $3,858.29. Of Plaintiff s total amount, $499.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff's total amount, $499.69 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $499.69 will be distributed to Plaintiff from the [mst account wuhin 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $499.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $499.69, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifilt installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51,299.76 and litigation costs of $60.06_ Plaintiffs Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of thr payments made to the PlamufC. Apart Irom mnkmg the paymeots in Paragraph F, above, the Counry ,hall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether assened in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing m the terms of [his Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plnintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. 'This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refereed to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitais and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [ha[ Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevenheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to PLtintiff for all overtime hours worked as described in this Agreement. It if funher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of an kind or chazactersr expressly set forth herein. /C%UJ JC~ SIGNATURE OF PLAIN'T'IFF DATE SOCIAL SECURITY NUMBER: PLAIN"FIEF'S MAILING ADDRESS: i , APP O A RE ~ ~ ATTORNEY FOR PLAINTIFF TTORNEY FO C UNTY OCj 1 11~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Henry Pacheco Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who at any tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (pLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's• regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time offprovisions of the Statutes as [hey relate to the accrual and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions: (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and~or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with f rearms; and (1 t) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to Lability and the amount of damages, 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 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 fully and completely compensate Plaintiff For all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's share of the gross settlement amount is $14,209.68. Of Plaintiff s total amount, $1,840.32 will be distributed to Plaintiff from the mrst account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $1,840.32 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,840.32 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiffs total amount, $1,840.32 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,840.32, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the teRns of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,786_R7 and litigation costs of X22 L20. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plamtifls~ Counsel from each of the payments made to the Plainti tL ~'Apar[ from making the payments in Paragraph F, above, the County shall have no obligation to PlaimitT to ensure that the Plainuffs individual disu-ibution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shahlpn~ constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action Ot'~6rty r. c kind whatsoever for back wages, unpaid stmigh[ time compensation, unpaid overtime compensation, any failure to comply wiUt compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declam[ory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to [he temrs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities Crom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ [hat the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and [hat the agreements contained herein and the consideration transfersed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or outer claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plnintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all rior a P greements, arrangements, or understandings between the parties on all subjects in any way related to Ute transaction or occurrence descnbed in Uric Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants Utat Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlatown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants Urat Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. o~e/.t,ct,,, G . ~ ~t l2 z !fly SIGNATURE F PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O D A D: ATTORNEY FOR PLAINT"IFF ~ RNEy R O ~t ~~~y cue 2' J COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between James Pacheco (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the Uru[ed States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Sautes (collectively retetred to as "the Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include th the calculation of Plaintiff s regulaz rnte of pay all such compensation as is required by Samtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 accmal and/or utilization of compensatory tune off; (4) by requiting Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent th standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleatting and maintautittg County-slued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compettsa[ion, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related [o any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considerntion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay [he settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $4,325.26. Of Plaintiff's total amount, $560.17 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $560.17 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $560.17 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $560.17 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $560.17, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross se[ement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1.457.07 and litigation costs of $67.33. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plauuiffs' Counsel from each of [he payments made to [he Plainuff..Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff [o ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes o(a~~f of any r'-~ kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's foes or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid htgation, and obtain a peacefid resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. , O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all or a pri greements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. T7tis Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and [ha[ Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or charncter not expressly set forth herein. SIG A OF PLAINTIFF DATE SOCIAL SECURITY Ni JMBER: PLAINT'IFF'S MAILING ADDRESS: APP VE AG ATTORNEY FOR PL F TTORNEY F CC~cJN"I'Y r `~-1~'~ c'~ COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement'? is by and between Russell Paio (hereinafter referred to as "Plaiatitf~ and the County of Hawal'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all bouts worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies [he parties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs share of the gross settlement amount is $5,401.70. Of Plaintiffs total amount, $69958 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $699.58 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $699.58 will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $699.58 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into dte trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $699.58, will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,819.69 and litigation costs of $84.09. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintitfs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or urilmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or m [he future, whether asserted m this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and }{OLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims. demands. or causes of action which are released by this Settlement Agreement but whtch may in the future be asserted by Plamuff or by anodter mdivtdual or entity on Plaintiff s behalf. bused upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and [ha[ the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid (itigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. _ _ O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all poor agreements, arrangements, or understandings between the parties on all subjects in any way related to [he transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigtted Plaintiff warrants that Plaintiff has read [his Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without, reliance on any representation of any kind or chazacter not expressly set forth herein. ~ ~ SIGN TURF OF PL IFP DACE SOCIAL SECURITY NUMBER: PLAIM"IF'F'S MAILING ADDRESS: \PP VE A D ATTORNEY FOR PLAINTIFF~~~CSR (_OUNT 1pOy OCR ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Alton Penrose (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has clavned that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff for pre-sMft 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 [hey relate to [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by no[ compensating Plaintiff for al] time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked For or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Courtsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 land 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 fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabovq and dre monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the ,~a+n+~g four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a [rust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and Gtiga[ion costs will be satisfied by Plaintiffs out of the amounts received from the Counry. H. Plaintiffs share of the gross settlement amount is $1,500.00. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs rotal amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $194.27wi11 be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount, $194.27 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $50531 and litigation costs of $23.35- Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart Crom making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the Cormty from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with Oct OS 04 O3:OSp Will Ritchisort 503-282-5877 p.3 compensatory time offprovisions, liquidated damages, interest, costs, attorneys fees, injuncUVe or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or cotild have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawat"i Revised StamGS. This release includes all such claims or causes of actio¢ for atromev's fees or costs, now or in the furore, whether asserted in this litigation or not Plaintiff agees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of [his Settkment Agreement and accepting the payment of monies pursuant to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDE'rfN7FY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf. based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. Ibis agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon front approval of this agreement by the Coun. Tn the event that the Court does not approve this agreement the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the aereements contained herein and the consideration transfened are rA compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the furore. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreem~t aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any land whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future cosily fidgation. P. This Settlement Agreement contains the entire agreement between dte parties. It supersedes any and all prior agreements, ammgemenrs, or understandings between the paroles on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, prortrises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a w[iting signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has toad this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or un}mown, present or futtue, that Plaintiff has or may have against the perso¢ and entities released, arisi¢g out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chQmcter not expressly set forth herein. ~~`°r,~ /~in~.o-X~ .sue. ~o ~ o ~ a y SIGNAT[JRE OF PLAINTIFF DATE SOCIAL SECIIRI"IY i`lUIvIBER PLAINTLFF'S MAILING ADDRESS: :4PP O~ .Dt - - ATTORNEY FOR PLAINCIFF ATT0~c7R C U(~~fi,~'~~~~ 1/ OCR ~ 110p~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Kemeth Quiocho (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}f' shall include the Counry 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 them. This Settlement Agreement arises from a settlement reached in the (,awsui[ of Springer v. County ajHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Ac[ (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stam[es") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by StaNtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as [hey relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all bouts worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missedand/or in[ermpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accomt of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to comprotise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failttre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' cocounsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disbtrrse the appropriate payments to the Plaintiffs. - Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $12,611.79. Of Plaintiffs total amount, $1,633.38 will be disttibuted to Plaintiff from the trtrst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $1,633.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $1,633.38 will be distributed to Plaintiff from [he Vust account within 30 days from dte deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,633.38 will be distributed to Plaintiff from the trust account within 30 days Gorr [he deposit into the [test account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,633.38, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fiftlt installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,248.58 and litigation costs of $196.33. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County Gorr any and all claims, demands, or causes of action ~f gQy ~ ~ n r' ~ c. - kind whatsoever for back wages, unpaid straight time compeasatio4 unpaid overtime compensation, any failure to comply will[ compensatory time off provisions, liquidated damages, interest, costs, a[tomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmow4 now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) Partial overtime exemption under the FLSA. K By agreeing to the [emu of this Settlement Agreeaent and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assigmnent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In [he event that the Court does no[ approve this agreement, the tents and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently utrknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stttns to be paid in considemtioa of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in nay way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fnuy understands it to be a compromise and settlement and release of all claims, known or ualatown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Pktintiff does so of Plaintiff s own free will and accord without reliance oa any representation of ane! kind or character not expressly set forth herein. S ATURE OF PLAIN'T'IFF DATE SOCIAL SECURITY NUMBER: - - PLAINTIFF'SMAILING ADDRESS: ~ i ~ ~ AP G ED: ATTORNEY FO AINFIFF ~ ATTORNEY ~ R OUNT1 ^nti r„r. ~1. COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Duane Rapoza (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who a[ any tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fau Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Sta[u[es (collectively referred to as "[he Stamtes") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 tune off provisions of the Sta[u[es as they relate to the accrual and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (refesed to collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which PLtintiff 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including [he recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs wall be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of ia`te gross settlement amount is $5,?06.40. Of Plaintiffs total amount, $687.24 will be distributed to Plaintiff from [he [rust account within 30 days from the deposit into the trust account of [he first installment on the gross settlement amount Of Plaintiff's total amount, $687.24 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $687.24 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $687.24 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $687.24, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,787.59 and litigation costs of $82.61. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart fiom making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County tinm any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff' has or might have, lmown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to [he terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but winch may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does no[ approve this agreement, the temu and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. I[ is expressly understood and agreed that the [etms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or oecunence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIJ"I"IFF'S MAII,ING ADDRESS: - APPR ~ D- , ~ / ' r ATTORNEY FOR P AINTIFF ATTORNEY OR COON ~ 1004 OCj 0 Y COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between David Reis III (hereinafter referred to as `Tlaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referted to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") ta one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of [he Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all lima worked in work-related t[avel; (7) by rot compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the tune spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff' for [he time spent qualifying with fireamvs; and (I l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accotmt of the alleged failtue or refirsal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Deveas, LLP and Aitchison & Vick (refemd m collectively as `Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, TT~REFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in [um disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,812.93. Of Plaintiffs total amount, $493.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $493.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $493.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $493.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amotmt. The balance of the total due to Plaintiff, $493.82, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of ~$1,284.47 and litigation costs of $5936. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claiats, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or ttolmown, now existing, that either were or could have been filed under the Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the tents of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may N the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of [his agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the tetms of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of Lability, all Lability being expressly denied. O. Plaintiff understands and agtees that Plaintiff may have suffered damages that are presently utrknown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid Cuture costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnTxd in this Settlement Agreement. No ornl understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromise and settlement and release of all claims, (mown or unlalown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime competsaton to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally corn tent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any rep lion kind or c cter n ressly set forth herein. /Dc~ivc-~ SI A O PLAINTIFF DATE SOCIAL SECLIRI"I1' NLJIvIDER: P 'S MAILING ADDRESS: APP O ED: ATTORNEY FOR PLAINTIFF TTORNEY F R O OCR 1 ~ .~pp4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Floyd Richards (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred 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 [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for atl hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fueamts; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred m collectively as `Plaintiffs' Cottttsel'7 to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and [he amount of damages, 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 which PLtintiff has or may have in Ure furore arising out of or related m any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The mtal aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $7,825.07. Of Plaintiff s total amount, $1,013.44 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fast instalhnent on the gross settlement amount. Of Plaintiffs total amount, $1,013.44 will be distributed [o Plaintiff from [he tnrst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $1,013.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into ilte trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,013.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,013.44, will be distrtbuted to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,636.06 and litigation costs of $121.8 L Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Se[ement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of [he County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been fded under the Fair labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the F'LSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to [NDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or ta equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by [he Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in [he further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that are presently unlmown or that may be discovered m the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FZSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on dte part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked as described in this Agreement I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character n :g ly set forth herein. _ b9- z2-e4 S NATURE OF PLAIN~I"IFF DATE SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: i AP O D G ED: ~Z ATTORNEY FOR AINTIFF ATTORNEY P OR CO ^i c" y COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. "This Compromise Settlement, Release, and indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between John Rodrigues Jr (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with [he compensatory time off provisions of the Samtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without [he payment of compensation; (5) by no[ compensating Plaintiff fot all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accotmt of the alleged failure of refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies east between the parties, both as to liability and the amount of damages, 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 Idnd which Plaintiff has or may have in the furore arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the rrrnn~n~*g fotrr payments will be made annually on the successive anniversaries of [he first payment G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $2,392.08. Of Plaintiff s total amount, $309.80 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $309.80 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $309.80wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the frost account of the third installment on the gross settlement amount Of Plaintiff s total amount, $309.80 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tors[ account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $309.80, will be distributed to Plaintiff from the [nut account within 30 days from the deposit into the trust account of [he fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $305.83 and litigation cosu of $37.24. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid [o or on behalf of Plaintiff. 7. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under [he Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the futtrre, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtone exemption under the FZSA. IL By agreeing [o the [emrs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the temts and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the teens of this Agreement aze contmcmal and not merely recitals and that the agreements contained herein and the consideration transf rred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in considemtion of the Settlement Agreement aze intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies nay and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. Tills Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any Idnd or character not expressly set forth herein. i S ATURE OF PL DATE SOCIAL SECi.1ItITY Ni1MBER: PL 'S MAILING ADDRESS: APP OVE ED: ' ATTORNEY FO IFF ATTORNEY FOR O NTY OCR 0 2 7~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refereed to as the `settlement Agreement's is by and between Raymond Rowe Jr (hereinafter refernd to as'Tlainti£P~ and dre County of Hawaii, Hawal'i. Those collectively refereed to herein as "the Cotmty' shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, drew transferees, assigns, successors in interest, and aU others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "[he Stam[es") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in dre calculation of Plaintiff s regulaz rnte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 utiliu[ion of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, PLtintiff has consented to join the Litigation sceking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensau Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stautes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate setflement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The 5rst payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be [Wade annually on the successive amtiversaries of the firs[ payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received Crum the County. - H. Plaintiffs share of the gross settlement amount is $12,947.20. Of Plaintif f's total amount, $1,676.82 will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the bust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $1,676.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,676.82 will be distributed to Plaintiff from the Wst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,676.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fourth installment on [he Boss settlement amount. The balance of the total due to Plaintiff, $1,676.82, will be distributed to Plaintiff from the trust account within 30 days from [he deposit into [he trttst account of the fifth installment on the gross settlement amount Under the terens of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $4,361.57 and litigation costs of $201.55. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a Cull and complete release, acquittal and discharge of the County tinm any and all claims, demands, or causes of action of any OC1 0 u 1004 kind whatsoever for back wages, urtpaid straight time compensating unpaid overtime wmpensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or (night have, known or uttlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This [c]ease inchrdes all such claims or causes of action for attorney's fees a• costs, now or in the future, whether asserted in this litigation or not PLtintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiffagrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogatioq connact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In Ote event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising art of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as described in this Agreement It if further understood and agreed that the County decries any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that PLtintiff has read this SeWement Agreement and frilly understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned PLaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and Plaintiff does so of PLuntiff s own See will and accord without reliance on any rep atton of any kind or character not express set forth herein. ~ ~O O SIG OF PL DATE SOCIAL NiJMBER: ~ 4 ~ - - . PLAINTIFF'S MAILING ADDRESS: APP VE D: t - ATTORNEY FOR PL TTO Y FO C u 1~~`` 0 COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Myron Rosehill (hereinafter referred to as "PlaiutitF~ and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ travting sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (]0) by not compensating Plaintiff for the time spent qualifying with fuearrrts; and (1 l) by not otherwise compensating Plaintiff for hours worked on [he County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel's to prosecute the litigation; and, D. WF~REAS, bona fide disputes and controversies exist between the parties, bout as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failure or refusal on the paR of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be [Wade anntrally on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and htiganon costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiffs shaze of the gross settlement amount is $6,568.13. Of Plaintiffs total amount, $850.65 will be distributed to Plaintiff from the tmst account •.vithin 30 days from the deposit into [he trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $850.65 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $850.65 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $850.65 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $850.65, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the tms[ account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $2,212.63 and litigation costs of$102.25. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payntenu made to ~e Plaintiff. Apart from making the payments in Paragraph F. above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreementand acceptance of the monetary compensation described herein shall corvsntute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been 51ed under Ute Fatr Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes ap such claims or causes of action for aaomey's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies putsuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or ta equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the teens and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the considerntion transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considerntion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff' may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further tmderstood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the ttarrsaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The mdersigned Plaintiff warrants that Plaintiff has read this Settlement Agteement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or futtre, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of Ote County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally ~..ompetent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or charact of a reSsly set forth herein. rte. 6~~ 9~yy/a~ SIGNA OF PLAINTIFF DATE SOCIAL SECLJRI'I'Y NUMBER: ~ PLAII~'FIFF'S MAII.ING ADDRESS: APP ED: ATTORNEY FOR P F ORNEY FOR NTY COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred m as the "Settlement Agreement's is by and between Robert Sakata (hereinafter referred to as'Tlaintiff~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Cotm[}~' 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 [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all rite claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawai i Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shin periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and bas retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in comsidemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in Sve separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's shaze of [he gross settlement amount is $16,777.72. Of Plaintiffs total amount, $2,172.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $2,172.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $2,172.91 will be distributed to Plaintiff from [he trust account witltin 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $2,172.91 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $2,172.91, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 55,651.97 and litigation costs of $26 L 18. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unFmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawtti'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtone exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that dre Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Lability, all Lability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that maybe discovered in the futtre. Nevertheless, Plaintiff acknowledges that the sums to be paid in considemtion of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arxangemeats, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or utrknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. 09 z3 ~y SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIJ'fIFF'S MAILING ADDRESS: APP VE A ED: ATTORNEY FOR PLAIN"I'ffF ATTORNEY F R O SCP 2 2~~4 COMPROMLSE SETTLEMENT, RELEASE AND 1NDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Ernest Saldua (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred 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 is privity with them or any of them. This Settlement Agreement arises from a settlement reached in the Lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawai' i Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shin periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and aaomeys fees on account of the alleged faiittre or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or tray have in the future arising out of or related to any past failttre or refusal on the part of the County to fully and completely compensate Plaintiff foc all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $16,197.18. Of Plaintiffs total amount, $2,097.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the first instalhnent on the gross settlement amount Of Plaintiffs total amount, $2,097.73 will be distributed to Plaintiff from the Host account within 30 days from the deposit into the trust account of the second installment on [he gross settlement amount Of Plaintiffs total amount, $2,097.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $2,097.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $2,097.73, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $5,456.41 and litigation costs of $252.14. Plaintiff s Attomey's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the paymenu made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any r kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, a[[omeys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or cotild have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Stam[es. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or emity on Plaintiffs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the even[ that the Court does no[ approve this agreement, the temrs and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of [his Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the futtue. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hotus worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly hbgation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. - - 9--~~ --may GNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: APP OVE ED: ~ ATTORNEY FOR IFF ATTORNE FO CO ~ `L~~~~ r~ .'i c ( . COMPROMISE SETTLEMENT, RELEASE AND INDEMNTl'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Victor Saks (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lywsuit of Springer v. County oJHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "[he Statutes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rnte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 relatt to the acctval and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff foz the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearens; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the Counry to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Sans of Winer, Meheula & Devens, LLP and Aitchison 8t Vick (refereed to collectively as `Plaintiffs' Counsel's to prosecute the litigation; and, D. WFIEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past Stilttre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considerntion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of Snal approval of this Agreement by the Court; the remaining four payments wr71 be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation cosu will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $7,137.37. Of Plaintiffs total amount, $930.85 will be distributed to Plaintiff from the tntst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $930.85 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $930.85 will be distributed to Plaintiff from the trust account within 30 days Rom the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $930.85 will be distributed to Plaintiff from the tnrst account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $930.85, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of $2,42124 and litigation costs of $ t 1 l .R9. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by PlaintiRs' Counsel Rom each of the payments made to the Plaintiff Apart from malting the payments in Paragraph F, above, the County shall have no obligation [o Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall O0~ constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any,. ~ 1, cue ~ . J kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or weld have been Sled under the Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, mw or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the tents of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to dte settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the terms and conditions of this agreement shall not be referred to by either party in the furdter litigation of this matter. N. It is expressly understood and agreed that the tents of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfernd are to compromise doubtful and disputed claims, avoid litigation, and obtain a peacefiil resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, PLtintiff aclmowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any Idnd whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as descnlxd in this Agreement It if fiuther understood and agreed that the Cotmry denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the tents of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that PLtintiff has read this Setflement Agreement and sruy understands it to be a compromise and settlement and release of all claims, Imown or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past Srilure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that PLtintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PLtint_iffs own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF LAIN'I'IFF DATE SOCIAL SECURITY NUMBER: PLAII~'fIFF'S MAILING ADDRESS: AP OVE G D: ' ATTORNEY FO ORNEY FO OUNTY ~0~~ c`e~. loitsizoua lt:sa rna auaaaaasas urrrt,tann ~ uu[ COhtPROIVIISE SE7-PLEMEN7', RELEASE AND QVDEPII'If1'Y AGREEIY~Pi'f A This Ctmpromiee Settkmem, Retrace, and htdemairy Agreement (heteitufter roferred ro u the "Settlement ARrocmerst~ is by and between Dwtla Sampaga (hereiaefrar roferrcd ro as "PleiatitP~ and the Couary otHawli'i, Hawaii. Thox wllectivety rclected ro heroic as "the Cotmry" shall include the Cotmry of Hawaii, Hawaii, iw elected offitaals, emploYe:es, agents, ersd servmts, past and present, their trsnsfetees, assigns, successors in interest, ersd ell others who at my tuna have been in privily witkt them or my of them. Ibis SeWetnem Agreement arises fium a xrslemem reached is thelasvsttit of Sprutger v. County of Hawaii, Civil No. 02.00289 KSC, filed is the Unvcd Stares District Court fa the District of Hawei'i (refcrted ro ttercm as the "Litgstiod'), and represenu the total compromise, settlement, end release ot'all the claims arising linen the Litigation. 4. WHFSLEAS, Pkmtiff has claimed thnt We County has violated [he Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Swmtes (colkctvely referred ro as "the Swtuas") in orsc or rnoro of the following mme~era: (I) by [ailinE ro properly compensate Plaintiff for overtime worked by reason of iLS Lilurc to aclude in the calwlatoa of Plaintiffs tEgtda<mte ofpsy ell such compensation u is required by Stntuta; (2) by not wmpeasstigg Pleintff Lbr pre-shift and/or post-shift briefing periods oa other pro-shift or post-shift periods of work; (3) by not complying with the wmpenwory time off provisttm of the Swmta as they relate ro the eccttul and/or utilization of compeattacory time off; (4) by requiring Plaintiff ro participate in marsdarory medical evaluations or examiastons vrithout the payment of compensation; (5) by not wmpensatiag Plaintiff for all bolus worked as an instructor or atttdeat H training sessiom; (6) by nor oomparsatcg Plaintiff for al! time worked in work-rokted travel; (7) by not compeasatog Pleintift' for the tore sport to stmdby sotto: (8) by not Compmsatiag Platttff for missed arsd/or interrtrpted meal periods; (9) by rot compere ~+*+g Plaintiff for the time spent cleaning end maintaining Counry-issued vehicld; 0) by not wmpauaturg Plaintiff for dte »me spent qualifying with firearms; and (1I) by not otherwise compensating Plaiatff for bouts worked on the County; behalf. - C. WHFRF.AS, Plaiatff has corsseatad ro,loia the Litigation xekiog ro recover uagrsid overtime compensators, liquidated damages sad ttaoraeys tenon ata:ount of the alleged failttro or rofitsal of the Cotmty ro property compmvate PLimtff fa all time worked for or w behalf of the t.amry, sad bas rcwined the kw firms of Winer, Mebeak & Deems, LLP sad Airohiaon R Vick (ro&rred ro wllectivelY r "Pkiatif8' Cotmxl'~ ro proxenae the ?itigatiors; end, D. WHfiRP.AS, bona fido disputes and corstoversies exist bawew the pardw, both as ro Ilabtlity and the emomt of damages, if any, sod by reason of such dieptttes and controversies the parties hereto desire ro compromise and settle ail claims sod causes of action of aaY khil whidt PlafatltF'haa ormay have is the future atisuag out of ax rotued w nay past faihtro Ot refusal oa the part of the Cotmry ro fully end compktety wmpesmale Pkortff for all overtime hours worked and ro comply with the wmperssatory time off provision of the Stamtea; E. NOW, THERF.PORE, for and in coatidaaton of the mono! praoiaes and agreements herein wntained, including the tocitak set forth heroinabove, cod lire moactarY ~ronsideration ro be exchanged, the psrtics agree as follows: F. The row! aggrogme settlmrnt amount for all Plaitrtiffa m this matter is S 1,326y23.03, Payable in Hve sepsrale iastallmeat payments of 5265,384.61. The first paymnt will bo payable within 30 days of final approve! of thin Agreement by the Court; the rcmaudag four payments will be trade maaally oa the successive arsniversariea of the fast payment G. The Cotmry will pay the xnlemant amounts to a tout acoarsrt ro be setup sad mamged by PLintiffF' tp-counsel firm of Pricer, tvkbcula Qc Devem, LLP, located m Hoaohthy ffawai'i, which wig is rum diebtuse the approprlara paymma ro the Pleinti48:. Attorney's fees and litigators wars will be satisfied by PLdntiffs out of the amounts received from the Cotmry. H. Plniatiff s share of the gross xtikmrnt amoun[te f I,500.00.Of PlaiattfPs row! amount, S 194.21 at71 be distributed ro Plaintiff from the Oust awoum within 30 days from the deposit into the tout accotmt of the fort inswllmmt on the gross. settlement amotmt Of Plaitstff s total amount, E 194.27 will be distributed ro Plaintiff from the west accotau within ?0 days from the tlepocit into the trust account of the second inatallrtreat on the gross sutlemenr amount. Of PL»ntffs tow! amount, E 194.27 will be distributed ro Plaintiff from the ws[ accotau witlta 30 days from the deposit into the trust acctmm of the third inswltmmt on the gross settlement amount. Of Plaintiff s tool ®otmt, S 194.27 will be diattibutcd to Plaindtl' from the tnwt acwunt within 30 days fiom the deposit mW the total account of the Cotirt6 iastallareat m the gross earkmen[ amount The balance of the rota! due ro Plaintiff, E 194.27, vnL be diambuted ro Pki[ttff liars the trust account within 30 days firnn the deposit into the trust account of the fifth iastallmant ors die gross aettlemrnt amount. Under the tams of Plainttt s atromey's fee agteemrnt with Plsirstiffs' Counsel, Plaintiff u obligated ro pay atbmry's fees of 550531 and btgatoa eosw of 523.35. Plaindtl's Anomey's Fern and Litigators Costs will be deducted on ap~o-raw bobby Plaintffs' Counsel tram each of We paymrnw made ro the Plamtrff. Apart from making the paymenw in Paragraph F, above, the County shall have ao obligation ro Plaindtfro castor that the Plsirstffs individual dism'butoau made. 1. Plsintff xhsll be volely rcvponsrblc for tlx payment of any income a other taxes on tbt amounts paid to or oa behalf of Plaintiff 1. Plaintiff s execution of this Settlement Agreemrnt cad atxeptmce of the monetary comprnsatoa described herein shall watitute a fill and wmplete rolease, acquittal and discharge of the County from my and erg chime, demands, or causes of action of soy OCT 1 3 2004 lui iri cuva iz: uu ras euaaeaaoaa Vtt ll.GnAA yfJVVJ loud whsboever for book wags, tmlraid suai¢ht tlaae eompeasatioq ttapaid ovgtllme mmptmma4 aa]• fiiluro m ednply with oompenaaery time off ptovisiotrs, liquidated damages, ittteaesr, toss, attaneya fotx, m)troctiv'e or deolaamry mli~'tr'hieh PhrintiB'bea a might haw, known a umbtowq sow existing, that either were a could have been tlled tmdrr the Fair Iabar Stendadt Act and/or Chapter 80 of the HawaPi Revisal Stahua. 7hia release imhrda aU ouch ehilaa or tanpa of action fm atmmey'a fba or costa, ntntr or is the 6stmn, whether asaersed an this lidgatiou a ant, PlaiatiS agroea that the County hu e9teblislred the Bettina 207(k) pat4al overtime exempvoa urda~ the FLEA K. BY agrsecrg m the karaa of this Settlement A®teemeat and aecrytiag the payorcvt oCmoata pttttnwnt m this Settkmeot Agreement, PLintiff agrees w and does hereby SAVE and HOLD HARMLESS the penaas sad entities released herein sad agmes m ]NDEMNQ~Y sad DEFEND such person and entitia 1mm enY and all claims, demands, or rouses of action which aro reksued by this Battlement Agreement but which may in the future be asserted by Plaintiff or by smother individual of entity oa Plaintiffs behalf, based upon any thtory of recovery, whether at law or in equity, end whedrer made by way of subrogatioq conaact, at5igaaxnt, or otherwise. L. This agreement is contingent upon 95"R of the Plaintiffs in the Litigation coaseatiag m the sealement and executing appropriate setthanem roksuaGt. M. Ibis agttxment is coatiogent upon Soul approval of this agreesoeat by the Court. In the evem thaz the Court does not approve this agteemem, the tccats and conditions of thin attreemrnt shell not be tefemd m by either patty in the thither litigation of this matter. N. it is exprrssty uoderssood and agreed that the toms of this Agrtxmea[ aro contractual and sot merely recitals and that the agreements contained herein and the comidention traasfetred are m compromise tbubifu! and disputed claitas, avoid lidgatlaq and obtain a pacellrt resolution, sad that oo paymema made nm releases or other coasidaaaoa given shall be comtnred u as edmi®oa of . ' all liab0lry being exprauty dertied. _ . O. Plsiarit~'undetstaade and ogres that Plaintiff may have so8"ered damage the ere lxeaentlY uolmown or the may be discovered in rho future. Ncvathclese, Plaintiff aclmowkdges that the sums m be paid is caoaideratloa of the Seulteneat Agtaemrnt are lmmded to and shall rokxu and tliat:harge say sad all FLSA, 'tea ¢0, err otbc chums, demaada, or notes of aetien of enY kind whomever arising out of a related m aqy past 5abue or rotfasal oa the pert of the Ctwtuy to property oakrtLte sad P+Y owttmx cotnpeosatitm m PLtmtiff for all ovutinne hotrra worked ffi dercrtYed is this Agrameat. It itfurther wdeamod sad agreed the the Camay dories any and all liability surd that this 6adducm Agreement, is not an admission of liability. ben an agreement m avid fattae Gouty won. P. This 9ettlememt Agreement coataim the come sgtxmem behveat dre panes. L. aupetaeda atq sad al! prior ebb, snangemmn, or,mdasamdiogt betwear the partlea oa aV wbjeon in say wry rohtted m the ttmaeotim m occutroace dacabed in this Setgament Agreement. No oml ~ uelmeab, promisee, err irduoemeats aotmaty to m troneitteat with the tams of this Settkmem Agreement exiK. This Setr>ptaent Agreement ie not tatbjec[ m say modi8carioa, waiver, m addifion. way changes in dtls agreement tnaY ~lY ~ by sasses of a writing tigaed by all patties. Q. The tmdasigaed Phritrti$'watraata thtu Plakrtiffhea read this SestlemetY Agrament sad fully undaspndt it m be a eompromite and aantement and rokxee of all ohms, kntrwn or tmlmown, praaent a futmt:, dot Phtiatiffhes err may have against 16a person and entltics rolnaed, arisin¢ our of or relating m any past Stikae t7 teflieal m the part of the County m property e81et118te and pay over~e wmpensstlott to Plaintiff fa all overtime boon worked The medasigaed Phtiatiff warnma that Plaintiff is of legal age std legally ootapetent to execute this agreement aril tbat Plsintiff'daa m of Phoatitl;'a own See sv81 sad stead without rellmCe on arty tepreseawtioa of airy kimd of character not estprosaty set forth htuein.. 1~-~Z SIGN 7UREOFPLAWITFF DATE ~ SOCIAL SECURl1Y NUMBER P 'S MAII.ING ADDRESS: ~ - - APP O w - - ATTORNEY FOR P 7TORNEY FO CO OCT 1 3 2004 . , ' COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement's is by and between James Sanborn (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of [he following manners: (I) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular mte of pay all such compensation as is required by Samtes; (2) by no[ compensating Plaintiff 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 Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at paining sessions; (6) by not comper~ca[ing Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) Sy not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff' for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to rxover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law funs of Winer, Meheula & Deveas, LLP and Aitchison & Vick (referred to collectively as `TlaintifEs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failrue or refusal on the part of dte County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.6 i. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a post account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tom disbtuse the appropriate payments to the Plaintiffs. Attorney's fees and lipgation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff s shaze of the gross settlement amount is $1,980.58. Of Plaintiff s total amount, $256.51 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $256.51 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $256.51 will be distributed to Plaintiff from the gust account within 30 days from the deposit into the post account of the third installment on [he gross settlement amount. Of Plaintiff s total amount, $256.51 will be distributed to Plaintiff fiom the post account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $256.51, will be distributed to Plaintiff from the post account within 30 days from the deposit into the trust account of the fifth insalhent on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $667.21 and litigation costs of $30.83- PlaintiYPs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. Tltis release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temvs of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to dte settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of [his agreement by the Court. In [he event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of this Agreement are con[mctual and not merely recitals and [hat the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liabiity being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown of that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the paRies. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or cecttrience described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Setflement Agreement exist. This Settlement Agreement is not subject [o any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and seWement and release of all claims, known or uttknowq present or futtue, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally wmpetent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. Z 7-O~ IGNATURE OF PLAINTIFF DATE SOCIAL SECi7RI"I"Y NUMBER PLAINTIFF'S MAII.ING ADDRESS: APPR VE ATTORNEY FO ATTORNEY R CO QOy 0~1 ~ 1 1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreemea[ (hereinafter referred [o as [he "Settlement Agreement") is by and between Elston Seo (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawai i, Hawai'i, 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 them. iltis Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNawai'i, Civil No. 02-00289 KSC, filed u< the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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'") m one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or in[ertup[ed meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHEREAS, Plaintiff has consented to join [he Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fines of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'TLtintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtue arising out of or related to any past failure or refitsal on the part of the County to fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the ~p+~~~g four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from [he County. H. Plaintiff s shaze of the gross settlement amount is $5,782.69. Of Plaintiff s total amount, $748.93 will be distributed [o Plaintiff from the tmst account within 30 days from [he deposit into the tmst account of the first installment on the gross settlement amount. Of PlaindfFs total amount, $748.93 will be distributed to Plaintiff from the Host account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $748.93 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $748.93 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $748.93, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $ I,94R.04 and litigation costs of $90.02. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, [he County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any C~T 0 ~ 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlarown, now existing, that either were or could have been filed under the Eair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in [his litigation or no[. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS dte persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claws, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or o0rerwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consentatg to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, [he terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claws, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlarown or that may be discovered m the Cumre. Nevertheless, Plaintiff acknowledges [ha[ the stuns to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if fiuther understood and agreed that [he County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject [o any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or futtre, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any pas[ failure or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent toe ute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any represe lion of y kind or character not expressly set forth herein. lJ ti' o~-z-~~a~~ GNATURE OF PLAINTIFF DATE SOCIAL SECURITY WMBER: PL 'S MAILING ADDRESS: APP V .4 G -D~ - ATTORNEY F AINTIFF TTORNEY ~ COUNTYIL~, C ~T p ; 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the `5ettlemeat Agreement's is by and between Royce Serrao (hereinafter referred to as "Plaintiff ~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include [he 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represenu the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift brie£mg periods or other pre-shift or post-shin periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to the accrual and/or utili7a[ion of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for ail tame ~.vorked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fiream~s; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; G WHEREAS, Plaintiff has cottsented to join the Litigation seeking to recover u~aid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the pazties, both as to liability and the amotmt of dataages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the firs[ payment G. The County will pay the settlement amounts [o a trust account to be set up and managed by Plaintiffs' co-couasel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $3,056.53. Of Fiaintif£s total amount, $395.87 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $395.87 will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into [he trust account of [he second insalhent on the gross settlement amount Of Plaintiff s total amount, $395.87 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of the third installment on Ure gross settlement amount Of Plaintiff's total amount, $395.87 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $395.87, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tms[ account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51,029.70 and litigation costs of 547.SR. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid [o or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation des herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, deprapds,:or uses of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, anomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or mould have been filed under the Fair Labor Standards Ad and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the furore, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial oveRiate exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agrcement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be conswed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge a~ and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Setflement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Senlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally wmpetent to execute this agreement and that PLtintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~G'S~-- o~z-2 ~-oY SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIVTIFF'S MAILING ADDRESS: APP O D ' ~ ATTORNEY F F TTORNEY F CO n!1 r ~ ~ COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refemd [o as the "Settlement Agreement's is by and between John Shigemura (hereinafter referred to as "Plaintiff and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, they transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiffs regular m[e of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as [hey relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by no[ compensating Plaintiff For all time worked mwork-related trnvel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behaff of the County, and has retained the law tams of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, "THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rrma;n~ng four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $2,594.58. Of Plaintiff s total amount, $336.03 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $336.03 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $336.03 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the third installment on [he gross settlement amount. Of Plaintiffs total amount, $336.03 will be distributed to Plaintiff firom the ttvst account within 30 days from the deposit into the [rust account of the fourth installment on [he gross settlement amount. The balance of the total due to Plaintiff, $336.03, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $874.05 and litigation costs of 540.39. Plaintiffs Attorney's Pees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any 1~~4 ;C~ 2 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time offprovisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Phtintifl'has or might have, known or unlmowa, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaz"i Revised Statutes. This release includes all such claims or causes of action for attomey's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNffY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may N the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently uolmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid is considemtion of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PL~intiff for all overtime hours worked as descnbed in this Agreement It if fiuther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, aaangements, or understandings between the parties oa all subjects in any way rotated to the transaction or cecurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temrs of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all cL~im¢, known or unlmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned PLiiatiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own bee will and accord without reliance on any representation of any kind or character not expressly set forth herein. 6~ S A AINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIVTTFF'S MAILING ADDRESS: APP O ED: ATTORNEY FO ATTORNEY F C UNI'Y~/~ She ~ h ~pp~ COMEROMISE SETTLEMENT, RELEASE AND INDEMNTfY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Julian Shiroma (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Cotmty" 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in [he United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry 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 Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at [mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent :n standby starus; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover tmpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Earns of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and cattses of action of 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 fully and completely compensate Plaintiff for all overtiate hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and [he monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four paymenzs will be made annually on the successive anniversaries of the first payment G. The County will pay [he settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $20,158.10. Of Plaintiff's total amount, $2,610.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total amount, $2,610.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $2,610.71 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of [he third installment on the gross settlement amount. Of Plaintiff's total amount, $2,610.71 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due [o Plaintiff, $2,610.71, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $6,790.74 and litigation costs of $313.80. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel fiom each of the pa}anenzs made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintitl's individual distribution is made. I. Plaintiff-shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clavns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, Imown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in [he future, whether asserted m this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and zntities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but whtch may in the Luture be nssened by Plaintiff, or by another mdividuai or entity on Plaintitl's behalf, based upon any theory of recovery, whether at law or m egmry, and whether made by way of subrogation, connact, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintift~s in the Litigation consenting to the settlement and exewting appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are conuacmal and not merely recitals and that the agreements contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or [hat may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended [o and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related [o any past failure or refusal on the part of the Cotmry to properly calculate and pay overtime compensation to Plaintiff For all overtime hours worked as described in [his Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains [he entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read [his Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrutts that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. - 9-~ o y S NATURE OF PLAR'JT[FP DATE ' S/OCL~L SECURl'fY NUME3ER: PLAINTIFF'S MAILING ADDRESS: :yI'1' (t~ Ai D ARE .D' ATT~ORPLAINTIFF ---~~R-~~(~ ~N~Y~ COMPROMISE SETTLEMENT, RELEASE AtND INDEMNITI' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement AgreemenP') is by and between Thomas Shopay (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofNawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement, and release of all the clauns arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes'") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shifr and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to [he accrual and/or utilization of compensatory time otT; (4) by requiring Plauttiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby slams, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the hfigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related m any past failtue or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and mazraged by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of Gie gross settlement amount is $5,348.50. Of PlaintifFs total amount, $692.69 will be distributed to Plaintiff from the trust account within 30 days Crom the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $692.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $692.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit imo dre trust account of the third installment on the gross settlement amount. OC Plaintiff s total amount, $692.69 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $692.69, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the eross settlement amount. Under [he terms of Plamuff s attomev's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay auomey's fees of S1 401 ad lio!!:uum co.L: nCSS ~ ~6. Pluntld~-<!Wornc~/. Pecs and Liueatinn Coals ~~~ill he deducted ~m ? pro-rata basrc be Plainul7a~ Counxl than curb u~ the pacntcni., math io thr PlatnW ~Ap.ua liom nuikmg the p.rnneni. in Paragraph I . ?boce_ the (omnv .hull hug e no obligation to PlamtifT to ensure that the PlaintifT's individual distribution is made. I. Plaimiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or cn behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action oft y n r - . ~ ~~~4 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or aright have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agrceing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMN~Y and DEFEND such perm and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of [his agreement shall no[ be referred to by either party in the further litigation of this matter. N. [t is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and [he consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently uulmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PLtintifl's own free will and accord without reliance on any representati y kind or chary not expressly set forth herein. L~ opt, Z3-U 1 SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: P 'S MAILING ADDRESS: i APP O E A A D: ) ~ ATTORNEY FOR PLAINTIFF TTO Y F C COMPROMISE SETTLEMENT, RELEASE ANU [NDEMN[1'~" AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Kimo Siemann (hereinafter refersed to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred 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 m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises firm a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the Distract of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shifr braefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with dte compensatory time off provisions of [he Stamtes as they relate to the accma] and/or utilization of compensatory true off; (4) by requuirtg Plaintiff to participate iu mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and'or interrupted meal neriods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; 0) by not compensating Plaintiff for the time spent qualifying with fireaans; and (11) by not otherwise compensating Plaintiff for hours worked on [he County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the paRies agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the first payment. G. The County will pay the settlement amounts to a tmst account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula Bc Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $3,571.74.Of Plaintiff s total amount $475.53 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $475.53 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $475.53 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total anrount, $475 ~3 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of dre total due to Plaintiff, $475.53, will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the trust account of [he fifth installment on the gross settlement amount Under the [emir ofYlmnufl-s a(tomey'~ fee agreement with Plaintiffs' Counsel, YlaintiCf is obligated to pay attomcy~s fees of ~L_'7h_gl and liu_atuar u~ct. of ti~7 16 1'Ituntiff-, Anornev'a Pecs alai f itiemion (~nsis will be deducted nn a prri-rata hasis by Plauud7K" ( oun,~cl li,nn re~h ,,I ih~ ~~,i~mrni. n~a~lr io the I'Lunuff Apart ~fom umkmg the papiuenis m Paragrgih I-. ubu~'r. the t uunn .ball have no obligation a, Plauud I to ensure that the Plainutl-s mdiwdual distribution is made- L Plamtit7 shall be solely responsible for the payment of any income or other [axes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all clavns, demands, or causes of action of any C~T 0 ~ 2004 kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fau Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for aaomey's fees or costs, now or in the future, whether asserted in this litigation or not PLvntiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this SeWement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party ur the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or [hat may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that [his Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or utilmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failttre or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation fan, y~Jkind or ch er not xpressly set forth herein. /V- O~J-~7-O~t- SIG ATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINT 'S MAILING ADDRESS: _ APP OVED, ED: 1 i~~ ATTORNEY FOR AINTIFF ATTORNEY F COON C JT 1°~4 COMPROMISE SETTLF,MENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Duaue Vitoria (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and presrnt, their transferees, assigns, successors in interest, and all others who at any time have bern in privity with them or any of them. This Settlemrnt Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise. settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s reeulaz rate of pay all such compensation as is required by Stamtes, (2) by not compensating Plaintiff 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 comperrsamry time off provisions of [he Stamtes as they relate to the accrual and/or utilizauon of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or zxaminauons without the payment of compensation; (5) by not compensating Plaintiff for all hotus worked as an instructor or student at naming sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by no[ compensating Plaintiff for the time spenr cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fnearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; ' C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firers of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and connoversies exist between the parties, both as [o liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any land which Plaintiff ltas or may have in the furore arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtone hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set foRh hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs m this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of [he fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulq Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $4,048.46. Of Plaintiff s total amount, $52432 will be distributed to Plaintiff from d-~e trust account within 30 nays from the deposit into the nest account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $524.32 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $524.32 will he distributed to 1'lainliff from the trust account within 30 days from the deposit into the trust account of the third installment on dre gross settlement amount. Of Plaintiff s total amount, $524.32 will be distributed to Plaintiff from the mrst account within 30 days from the deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $524.32, will be disu-ibuted to Plaintiff from the trust accoum within 30 days from the deposit into die wst account of the tiflh installment on the gross settlement amount. Under the terms of Plainti lT's attorney's fee agreement with PlauuitF.a' Counsel. Plaintiff is obligated to pay attorney's fees of Sl.a,3_y] and Iiueation crnLe nl Sfi: 02 Plumuffa Anomev'a Pee. and I rtiua non ('nsty kill be deducted nn a pm-rota hest. by Plauniff.~~ ( uuu,cl Irum each ~~I die pa}-nunt, made to the Plauwlf \pun Ihnn mukmg the p:n~nn~ni.. m Paragraph I _ a'in ~~r. ih~ t ~~muv .hull ha~c no obligation to PlamtilT~to ensure that the Plaintiffs individual distribution is made. L Plaoinff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such chums or causes of action for attorney's fees w costa, now or in the future, whether asserted in this litigation or not Plaintiff agius that the County has established the Scetion 207(k) partial overtime exemption under dre FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either patty in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration nansferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made not releases or other conssidemton given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently utumown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that ffie sums to be paid in consideration of the Settlement Agreement are intended to and shall rolease and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to Properly calculate and pay overtime compwsation to Plaintiff for all overtime hours worked as descn'bedm this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all or pri agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed is this Setlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agrxment may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, (mown or unimown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own flee will and accord without reliance on any representation of a//ny kind character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: P 'S MAILING ADDRESS: APP O ED: ATTORNEY FOR PLAINTIFF ORNEY F CO OCT 0 1 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Allan Watanabe (hereinafter refereed to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Samtes") m one or more of the following manners: (1) by failing [o properly compensate Plaintiff 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 no[ compensating Plaintiff for pre-shifr and/or post-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ [raining sessions; (6) by not compensating Plaintiff for all time worked Nwork-related travel; (7) by not compensating Plaintiff' for the time spent in standby slams, (8) by not compensating Plav-tiiff for missed andlor interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (]0) by not compensating Plaintiff for [he time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the patties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel film of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the greys set!!ement amount is $3,776.89. Of Plaintiff's total amount, $489.15 will be distributed to Plaintiff from the trust account within 30 days fmm the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $489. I S will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $489.15 will be disrrbuted to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he third installment on the gross settlement amount Of Plaintiff's total amount, $489.15 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $489.15, will be distributed to Plaintiff from the mst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount finder [hc terms of Plaintiff s attomeys tee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attorney's fees of C I 34 and Inr~onon asis „I ~5}t 80 Pluinuff ; Auomcy',, Pecc and Litieuuon (-os[s will be deducted un a pro-rma basin b_~~ Plamti fT~s' Counsel from e;uh .H the paymaus nutde io the Plmnufl. Apart h~om making the paymente m Paragraph I ,above, the County shall hair no obligation to Plaintitf~to ensure that the Plxmtiffs individual distribution is made. I. Plaintiff shall be solely responsible for dre payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the fugue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pttrstrant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrces to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that [he terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently tmlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descrbed is this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, atrattgements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this SeWement Agreement No oval understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtrre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIN'T'IF'F'S MAILING ADDRESS: APPROV A G ED: i ATTORNEY FOR PLAINTIFF ATTORNEY FO COUNTY SEP 3 0 1004 C: VtnrxVM1SE SE'1-1'LJJ'1V1P;N'1', RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinaflcr referred to as the "Settlement Agzeem®t") is by and between John Ah Chong (hereinafter referred to as "Plaintiff ~ and the County of Hawaii Hawaii Those collectively refered to herein as "Ihe County" shall iachtde the County of Hawaii, Hawaii, its elected officials, empioyxs, agems, and savants, past and praaent, that ttansfeeev, assigns, successors in iataest, and all odters who at any time have been in privity with them or arty of them. This Settlement Agreement arises from a settlement reached in die lawsuit of Springer v. Cowuy ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to hernia as the "I.itigation'~, and represents the total compromise, settlement, and release of all the claims arising fiom the Litigation. B. WHEREAS, Plaintiffhas claimed that the Coumy has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the Hawaii Revised Stamts (collectively referred to as "the Stamtes'~ in one or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Statures; (2) by not compensating Plaintiff for pre-shift andlorpost-shift briefing periods or otherpre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamts as they relate to the accrual and/or utilization of compensatory time off; (4) by tegtriring Plaintiff to participate in mandatory medical evaluations or ~ra,,,;,,A,;ons without the payment of compensation; (5) by not compensating Plaintiff far all hours worked as an ittstntctor or studem at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related navel; (7) by not compensating Plaintiff for the tune spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Cottnty-issued vehicles; (10) by not compensating Plaintiff for the time a~pent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C.-WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and atiomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of rho County, and has retained the law firms of Winer, Meheula 8t Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' CottnseT~ to prosecute the litigation; and, D. WFIERBAS, bona fide disputes and controversies exist between the patties, both as to liability and the amoum of damages, if any, and by reason of such disputes and connovertdes the parties hereto desire to compromise and settle all claims and causes of action of 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 td fully and completely compensate Plaintiff for all overtmme bouts worked and to comply with the compensatory tune off provision of the Statutes; E. NOW, THEREFORE, for and in wnsideration of the mutual promises and agreements herein conmined, including the recitals set forth hetcinabove, and the monetary wnsideration to be exchanged, the patties agree as follows: F. The total aggregate setflement amoum for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $26.1,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court the remaining four payments will be made annually on the successive anniversaries of the tirst payment G. The County will pay the settlement amounts to a trust account to be set uP and managed by Plaintiffs' co-counsel firm of Winer, Mehetila & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $6,334.5 1.Of Plaintiff s total amount, $820.39 will be distributed to Plaintiff firm the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Flaintiff s tonal amount, $820.39 will be distributed to Plaintiff from the trust accoum within 30 days ti-om the deposit into the trust accotmt of the second installment on the gross settlement amount Of Plaintiff s total amount $820.39 will be distnbuted to Plaintiff firm the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $820.39 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff. 5820.39, will be distributed to Plaintiff fiom the trust account within 30 days from die deposit into the trust account of the fifth installment on the gross settlement amount finder the tezms of Plaintiff s attomev s fee agreement with Plaintiffs' Counsel, Plaintiff is obligated m pay attorney's fees of 52, li3.93 and litigation costs of 598.61. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart lrom makine the payments in Paraeraph F, above, the County shall have no ubligation .o Plaintiff to ensure drat the Plamuff's individual dismbu[ion is made. I. Plaintiff shall be solely responsible Yor the payment of any income or other tastes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any tunu .H irauoe[ ar [or pact: wages. uupaiu itrat_m .into oompensuuoa uupaiu overtone compeusanou, tiny tauure to comply wtm compensatory rime off provisoes, liquidated damages, interest, costs, attome~a fees, injunctive or declaratory relief which Plaintiff{has or might have, !etotvn or unkmown. now existing, that etdter were or could have been filed under the Fair Labor Standards Act and/or Chapter 40 of die Hawat'i Ravtsed Statutes. Tlrrs release includes all such clatms or causes of acton for attorney ;fees or costs. now or in the funrre, whedrer asserted in this lineation or tint Plaintiff agrees that the CJLLIILV has established the Section '0 ~ (k) partial ovemme exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARNQ.ESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which an released by this Settlement Agreement but which may in the tumre be asserted by Plaintiff. or by another individual or entity on Plaintiff s behalf based upon any theory oY recovery, whether a[ law or m equity, and whedrer made by way of subrogation, contract, assiettment or otherwise. L. This agreement is con[ingea[ upon 9~° ~ of the Plaintiffs in the Lineation conseatine to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Cotut does not approve this agreement the terms and conditions of this agreement shall not be referted to by zither party in the tunher lineation of this matter. V. It is expressly understood and agreed ;hat the te,-ens of this .aereemem are contractual and not merely recitals and that the agreements ccarained herein and the consideration eransfened are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution- and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, ail liability being expressly denied. 0. Plaintiff understands and agrees that Plainn@' may have suffered damages that are presently unknown or that may be discovered ~ the funrre. Neve.'ttteless. Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 30, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Aereemeat It if further understood and agreed that the County detaies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the nansaction or occurrence descnbed in this Battlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Anv changes in dtis agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement .agreement and fir(ly understands it to be a compromise and settlement and release of all claims, known or unknown, present or furore, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past fadtrre or refusal on the part of the County to properly calculate and pay ovemme compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation o/f7any kind or character not expressly set forth herein. SIGNA,t RE OF PL.'`LVI~F - DATE SOCIAL SECLZtITY NL-NBGR: PLAIIv S BULLING .~DG[tLSS: APP OVE t D - ~ ~ 1 t v z~ _ COMPROMISE SETTLEMENT, RELEASE AND aVDEMNIT]' AGREEMENT A. This Compromise Settlement, Release, and Indetttrtity Agreement (hereinafter referred to as the "Settlement Agreement") is by and betwcen Donald Watson (hereinafter referred to as "Plaintiffs and dte County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "[he Stamtes'") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff 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 Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as [hey relate to the accrual and/or utilization oY compensatory time off; (4) by requinng Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby scams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compeasating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; ~ ~ - C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referted to collectively as'Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failure or refirsal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stam[es; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts m a trust account to be set up and managed by Plaintiffs' co-counsel £um of Winer, Meheula & Devens, LLP, located m Honolulu, Hawai i, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $7,588.33. O£Plaintiffs total amount, $982.78 will be distributed to PlaintifF from the trust account within 30 days tiom the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff's total antount, $982.78 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account oC the second installment on the gross settlement amount. Of Plaintiffs total amount, $982.78 will be distributed to Plaintiff from the trust account widrin 30 days from the deposit into the trust account oC the third installment on the gross settlement amount. Of Plaintiff s total amount, $982.78 will be distributed to Plaintiff from the wst account within 30 days from dte deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $982.78, will be distributed to Plaintiff from dre tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of ~'_.?sh ~ I :md hnaauon ~ nah of 51 I R I ~ Plaitlliif,e :Vtomcy'< Fcas and I_inealion Cns[s will be dcdur[cd on ? pm-rua buds h~~ 1'luuu d7 s~ C ~nrnscl Inns each otthc paymcws made to thr Plaumlf: Apart from making dre payments m Purag~aph I, above, dre County shall have no obligation to Plaintiff to ensure drat dte Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fmm any and all clavns, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawat'i Revised Statutes. 'Ibis release includes all such claims or causes of action for attorney's fees or costs, now or in the Canoe, whedter asserted in this litigation or not PLtintift' agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K BY agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or inequity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is wntingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court Tn the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refemd to by either party in the Curther litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sutras to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agretment It if further understood and agreed that lire County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiffwarrants that PLtintiffhas read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chums, known or unlmown, present or future, that PLtintiff has or may have against the person and eatides released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLrintiff for all overtime hours worked. The undersigned PLrintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAIIVTIFF'S MAII.ING ADDRESS: AP O D REED: ATTORNEY FOR LAINTIFF ?tCTTO~FO~CO ~ U OC.~ 0 4 1004 COMPROMISE SETTLEMENT, RELEASF, AND INDEMNITI' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Charles Whittle (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refemed to herein as "the County" shall include the County of Hawai i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that dte County has violated the Fair Labor Standards Act (F LSA) and Chapter 80 of the Hawaii Revised Statutes (cotlectively referred to as "the Statutes") in one or more of the following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz mte of pay all such compensation as is required by Stam[es; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or o[herpre-shift or post-shift periods of work; (3) by not complyutg with the compensatory time off provisions of the Statutes as they relate to the accntal and/or utilization of compersatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or intetntpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid ovetime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of [he County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fums of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have m the future arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff' for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fimt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $3,125.04.Of Plaintiff s total amount, $404.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Host account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $404.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Host account of the second installment on the gross settlement antount. Of Plaintiffs total amount, $404.73 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [rust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $404.73 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $404.73, will be distributed to Plaintiff Gom the tnrst account within 30 days from the depose into the trust account of die fi Cdt installment on the gross setlement amount. Undcr the berms of Plaintiff, attorney's fee agreemem ~ruh Plaintiffs' Counsel. Plainu Cl is obligated to pav attomeys ices of S I ps"J and Iiiiealion cotily ,~I y4R hs I'IainlifT-. ~Auamrv'~ Ftr. :md I ni~tan~~n l~„sl~ gill he deduc led nn a 7ro-rnla h;iav h_v Plainlill~~ C uuuncl from each of the pavmcnh made iu the I'Iainuit :Apun Irom ma6wg the pu}ntcnis w Purugntph I , abo~~~_ the Cumvy shall hacc no obligation to Plmntiff to ensure that dre Plaunifl's individual distnbution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation. unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, cosu, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or unlmown, now existing, that either were or could have been &led under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the [emus of this Settlement Agreement and accepting the payment of monies putatrant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. 'T'his agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the event that the Coun does not approve this agrrement, the tettns and conditions of this agreement shall not be referred [o by either patty in the further litigation of this matter. N. It is expressly understood and agreed [hat the temts of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on dte part of the County to properly calculau and pay overtime compensation to Plaintiff for all ovemme hours worked as descnhed in this Agreement It if further understood and agreed drat the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the paRies. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related [o the transaction or occurrence descnTxd in this SeWemeat Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject W any modification, waiver, or addition. Any changes in this agreement may orily be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this ent and that Plaintiff does so of PhtintifYs own free will and accord without reliance on any res hon of any kind or ch otter not expressly set forth herein. GNATURE OF PLAINTIFF nq SOCIAL SECURITY NUMBER: _ PLAINT'IFF'S MAILING ADDRESS: APP VE A EED: ATTORNEY FOR LAINTIFF TTORNEY FO OUNTY ~ ~ nit{ C Jz ~ , 1: COMPROMISE SETTLEMENT, RELEASE AND INDEMNCCY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Gerald Wike (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Statutes") th one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shin briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to the accrual and/or utilization of compensatory tune off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensatoq liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `TLtinfiffs' Cotmsel'~ to prosecute the litigation; and, D. WFIEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any past failure or refirsal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary considemtion to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will th ruin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's shaze of the gross settlement amount is $1,722.61. Of Plaintiff s total amount, $223.10 will be distributed to Plaintiff from the tnrst account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff's total amount, $223. I O will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement aznount. Of Plaintiff s total amount, $223.10 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $223.10 will be distributed to Plaintiff Crom the trust account within 30 days from the deposit into [he trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $223.10, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount. Under the teirns of Plaintiff s attorney's fee agrecmen( with Plaintiffs' Counsel, Plaimiff is obligated to pay auomey's fees of 4580_s0 :uui liu~alion a~aw of5?fi R~ I'laintill-s .-At[nrnc_v'a Pees and Litigation f \~sls will be dcducled on a pro-r.ila basis by Pl:uniifC.' ~ uunscl Gom ouch ul the payment. made to the Planudf. rApurt lrom making the payments m Paragraph C, above, the County shall pace no obligation to Plaintiff to ensure That dre Plaintiff`s individual distnbution is made. I. Plaintiff shall be solely responsible for the payment of any income or other takes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with comperuatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory rehef which Plaintiff has or might have, known or un}mown, now existing, that either were or could have been filed under the Fair Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in [he future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract. assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event [hat the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and that the agreements wntainzd herein. and [he consideration trarvsferred are to compromise doubtfi;I and disputed claims, avoid litigation, and obtain a peaceful resolutioa, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that dte sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtire compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if fiurher understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly Litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and al] prior agreements, arrangements, or understandings between the parties on all subjects in any way related [o the transaction or occurrence described in this Settlement Agrcement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject ro any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants [hat Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~r~. ~_,-x-,~~ _ - i SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP OVE A D¢C EFU: 7 i - 1, l ATTORNEY FOR LAINTIPF ATTORNEY F R COLRd~. C/ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred [o as the "Settlement Agreement") is by and between Thomas Wright (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. chose collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojAawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawaii (referred to herein as dte "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by not complying with [he compensatory time off provisions of the Stamtes as they relate to the accmal and/or utilization of compensatory time otT; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student a[ travring sessions; (6) by not compensating Plaintiff for all time worked alwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or u;terrupted meai perioas; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fvearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for ail time worked for or on behalf of the County, and has retained [he law faros of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, ff 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 which Plaintiff has or may have in the furore arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and [o comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals se[ forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaihtiffs. Attorney's fees and litigation costs will be satisSed by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement anrount is $4,057.57. Of Plaintiff s total amount, $525.50 will be distributed to Plaintiff from the [lust account within 30 days from the deposit into the trust accoum of the firs. hrstallmeni on the gross settlement amount. Of Plaintiff s total amount, $525.50 will be distributed to Plaimiff from the trust account within 30 days from the deposit into the frost account of the second installmem on the gross settlement amomu. Of Plaintiff s total amount, $525.50 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the third installment on the gross settlemem amount. Of Plaintiffs total amount, $525.50 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $525.50, will be distributed to Plaintiff from the trust accoum within 30 days from the deposit into the tnst accoum of the fifth installment on the Bross settlement amount- Under the terms of Plaintiffs attorney's fee aerecmem with Plaintiffs' Counsel. Plaintiff is obligated to pav attomev's fees of $ L36G 80 arid hhe:mnn c~,.t. „I Sit;. I r, Pl:unuf(~. lmime~~~~ I ee. .uui I m~~:mon Cast. kill be deducted nn pro-rat:; bu~i. by Plamul7,' Counsel ~hnu each of the payn;cnis made n~ the Plauw ll- :Apart linen ma6mg thr payments m Paragraph I .above, the C omnv shall ha~~c no obligation to Plaintiff to ensure that the PlamtifPs individual distribution is made. , I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. \ J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands; or causes of action of any kind whacsoevct tier back wages, unpaid ,vaight time compensation. unpatd overtime compensation, arty failure to comply with compensatory time otF proviswns, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plamtitf has or might have, kttown or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted m this litigation or not. Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temrs of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement. Plainnff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement .4greentent but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement. the terms and conduions of this agreement shall not be referred to by etther party m the funkier litigation of this matter. N. [t is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfen'ed are to compromise doub!ful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shad be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the stuns to be paid m consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtirrte compensation to Plaintiff for all overtime hours worked as described in [his Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of Lability, but an agreement to avoid futtue costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the feints of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any pas[ failure or refttsal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OE PLAINTIFF DATE SOCIAL SLCURI~IY NUMIiEIZ_ PLAINTIFF'S MAl1.ING ADDRLSS: " ATTORNEY POR PLAIN"flPl' ~ATI~(~RNEY FOIiCOUNTY V r/ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Robert Wolverton (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to heroin 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (refeaed to herein as the "Litigation"), and represents [he total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory tune off; (4) by requiting Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensa[ioe Plaintiff for all time worked in work-related travel; by no[ compensating Plaintiff for the tune spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fttearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WIiEREAS, Plaintiff has consented to jointhe Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failttre or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire m compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of fi»al approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a tout account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula Bt Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $10.975.10. Of Plaintiff s total amount, $1,421.40 will be distributed [o Plaintiff from the trio[ account within 30 days from [he deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $1,421.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he second installment on the gross settlement amount. Of Plaintiffs total amount, $1,421.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $1,421.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,421.40, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,697.22 and litigation costs of S 170.85. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plainuffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F. above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other [axes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawat"i Revised Statutes. This rokxse includes all such claims or causes of action for attorney's fxs or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in the even[ [hat the Court does not approve this agreement, the temrs and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid is consideration of the SeWement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or rehued to any past failure or refusal on dre part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and rekxse of all chtims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtme hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plainti@'s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: P 'S MAILING ADDRESS: ^ APP ED: ATTORNEY FOR PLAIN'fIF'F ORNEY FOR O oC~ 1 11pph COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI']' AGREEMENT A. This Compromise Settlemrnt, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Christian Wong (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. 'Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for [he District of Hawai i (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated [he Fair Labor S[andazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively teferted to as "the Statutes") m one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [he Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the Cotinty's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Deveas, LLP and Aitchison & Vick (referred to collectively as `T'L»ntiffs' Counsel's to prosecuu the fidgation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment paymrnts of $265}84.61. The first payment will be payable within 30 days of final approval of this Agteemrnt by the Court; the re+*+a+'*+~g four payments will be made annually on the successive anniversaries of the fast paymrnt. G. The County will pay the seffiement amounts to a tmst account to be setup and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. - H. Plaintiff's share of the gross settlement amount is $2,915.83. Of Plaintiff s total amount, $377.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on dte gross settlement amount. Of Plaintiffs total amount, $377.63 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff's total amount, $377.63 will be distributed to Plaintiff from the mrst account within 30 days from the deposit into the tors[ account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $377.63 will be distributed [o Plaintiff from the tnrst account within 30 days tiom the deposit into the tnrst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $377.63, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth instalhnen[ on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $98227 and litigation costs of 545.39. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the PlaintifT. Apart from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensating unpaid overtime compensating any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. Thin release inchrdes all such claims or causes of action for attorney's fece or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Couary has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the CouR In [he even[ that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed chums, avoid litigating and obtain a peaceful resolutiog and that no payments made nor releases or other consideration given shall be constnted as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that ate presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chums, demands, or causes of action of any kind whatsoever arising out of or related to any past failtre or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the partice on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatiog waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all paRice. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, lmown or unlmowg present or future, that Phuntiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the Counry to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. S GNATURE OF PL DATE SOCIAL SEC ~ N[JMBER: PLAINT'IFF'S MAILING ADDRESS: ,J APPR ED: ' ATTORNEY FOR PLAIIVTIFF ORNEY FOR O `L`~ c - 'r ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Burtou Yamaguchi (hereinafter referred to as "Plaiatiff~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count' 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 them. Ibis Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shin periods of work; (3) by not complying with the compensatory time off provisions of the Statutes as they relate to [he accrual and/or utili7a[ion of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interntp[ed meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel'? to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Stamtes; E. NOW, THFR FFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fora of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs wip be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $23,599.66. Of Plaintiffs total amount, $3,056.44 will be distributed to Plaintiff from the [ms[ account within 30 days from the deposit into the trust account of the firs[ installment on the gross settlement amount Of Plaintiffs total amount, $3,056.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $3,056.44 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $3,056.44 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of [he total due to Plaintiff, $3,056.44, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated [o pay attorney's fees of $7,950.11 and litigation costs of $367.38. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of [his Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or urdmown, now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes aU such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities Gom any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of [kris agreement shall not be referred to by either party in the turdter litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfened are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for alt overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the paRies on all subjects in any way related to [he transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally mpetent toe this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any repre tali d o chara xpress y se[ o SIGNATURE OF PL F DATE SOCIAL SECURI NUMB R: PLAIN"T'IFF'S ING ADDRESS: n APP V ED: J ~J ATTORNEY FOR AINTIFF ATTORNEY F R O COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Sara Yarberry (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of al] the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fau Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stautes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed anu/or interrupted meal periods; (9j by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a tnrst account to be set up and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tutu disbtuse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of dre amounts received from the County. H. Plaintiff s share of the gross settlement amount is $1,500.00. Of PlaintifYs total amount, $194.27 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he first installment on the gross settlement amount. Of Plaintiffs total amount, $194.27 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the Imst account of the second installment on the gross settlement amount Of Plaintiff's total amount, $194.27 will be distributed to Plaintiff from the tmst account wtthin 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plain[ifFs total amount, $194.27 will be distributed [o Plaintiff from the trust account within 30 days from [he deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $194.27, will be distributed to Plaintiff from the tmst account within 30 days from [he deposit into the trust account of the fifth installment on the gross settlement amount Under the temrs of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $505.31 and litigation costs of $23.35. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph P, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any C p i 2004 kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fau Labor Standards Act and/or Chapter 80 of the Hawal'i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under [he FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to fNDEMNIFY and DEFEND such person and entities from any and all claims. demands, or causes of action which are released by this Settlement Agreement but which may ut the future be asserted by Plaintit, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed Iha[ the tetms of this Agreement are contractual and not merely recitals and that the ag:eements contained herein and the consideration transferred aze to compromise doubtfirl and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages [hat are presently unlmown or that may be discovered al the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever azising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary m or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it m be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entitles released, azising out of or relating [o any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wartants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own tiee will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. _ q~ z~ S?GN.TL' FP AINT~F DATE SOCIAL SECURITY NUMBER: PLAINTQnF'S MAILING ADDRESS: _ I API'F?<OVE ~A , SAG ED: l ~ _ j ATTORNEY F AINl'IFF TTO ~ Y FO COON"I'Y COMPROMISE SETTLEMENT, RELEASE AND IlVDEMNIT'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refemd [o as the "Settlement Agreement's is by and between Adrian You (hereinafter refemd to as "Plaintiffs and the County of Hawaii, Hawai'l Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compertsa[ion as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigadon seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Couttsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely competsate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The tonal aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rema~g four payments will be made annually on the successive anniversazies of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $3,446.46. Of Plaintiffs total amount, $446.36 will be distributed to Plaintiff from the trtts[ account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $446.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $446.36 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $446.36 will be distributed to Plaintiff from the lmst account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $446.36, will be distributed [o Plaintiff from the trust account within 30 days from the deposit into [he trust account of [he fifth installment on the gross settlement amount Under the terms of Plaintiff's attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S 1,161.02 and litigation costs of $53.65. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation. unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been fled under the Fau Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or inequity, and whether made by way of subrogation, contract, assignment, or otherwise. L. 'T'his agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by [he Court. Irt the event that the Court does not approve this agreement, [he terms and conditions of [his agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and [ha[ the agreements contained herein and the considera[icr, transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past fail[tre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to [he transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime coin lion to Plaintiff for all overtime hours worked. The undersigned Plaintiff wartants that Plaintiff is of legal age and legally compe to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representat~ any ~ d or azacter not expressly set forth herein. ~ ~ _ ~~d S[G`NATURE O PL IFF DA E SOCIAL SECURI NUMBER: / PLAIN"I"IFF~'S MAILING ADDRESS: _ I I APP~ED ~ N A~D: , .t ATTORNEY FOR PLAINTIFF AAJ FOR OLJM'Y T~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Wayde Young (hereinafter referred to as "Plaintift'~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [he Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimrs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, For and in consideration of the mutual promises and agreements heroin contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; dre remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a host account to be set up and managed by Plaintiffs' cocounsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $4,304.57.0£ Plaintiffs total amount, $557.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $557.49 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $557.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $557.49 will be distributed to Plaintiff from the bust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $557.49, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of X1,450.10 and litigation costs of $67.01. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to [he Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fatr Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or m the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing [o the tents of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and al] claims, demands, or causes of action which are released by this Settlement Agreement but which may m the furore be asserted by Plaintiff. or by another individual or zntiry on Plaimitl's behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the [enns of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtact a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the furore. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on dre part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements conttary to or consistent with the tents of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIF DATE SOCIAL SECURITY NUMBER: PLAINTIF MAILING ADDRESS: _ APPROVED D A R D: ATTORNEY FOR IFF /`l~ Y F~/ O[INT OCR 1 ~ 1~~`' COMPROMISE SETTLEMENT, RELEASE AND INDEMNII']' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Gregg Silva (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated [he Fair Labor Standazds 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 Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Samtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate m mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instmctor or student at training sessions; (6) by not compensating Plaintiff for all Lune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or in[emtpted meal periods; (9) by rot compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf, C. WHEREAS, Plaintiff has wasented to join the Litigation seercmg to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WI-IEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of fatal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a mat account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $2,190.88. Of Plaintiff s total amount, $283.75 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $283.75 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the mtst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $283.75 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plaintiffs total amount, $283.75 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $283.75, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $738.05 and litigation costs of $34. I I. Plaintitl's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Couruel Irom each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation desedbed herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatoq unpaid overtime compcnsatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or rmlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Ilawai'i Revised Statutes This release inchrdes all such claims or causes of action far attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the paymem of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogatioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmowa or that maybe discovered in the future. Nevertheless, Plainti$'acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past far7ure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreemem to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in anyway related to the transaction or occurrence descnTxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a wmpromiq; and settlement and release of all claims, known or unlmowq present or future, that Phtintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal oa the part of the County to properly calculate and pay oveRime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff waaants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kin/dJor character not expressly set forth herein. OF - IFF' DATE SOCIAL SECiJRITY NCJMBER: PLAINTIFF'S MAII.ING ADDRESS: APP D: ATTORNEY FOR ATTORNEY OR CO ~ n1 C~ yvy C ~ r COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Robert Silva (hereinafter referred m as "Plaintiff ~ and the County of Hawal'i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawal'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred ro herein as the "Litigation"), and represents the total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift or post-shifr periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate m the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plautiff for all time worked ir. work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented m join Elie Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law Earns of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Pltintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as m liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and muses of action of any kind which Plaintiff has or may have in the future arising out of or related m any past failure or refusal oa the part of the County to fully and completely compensate Plaintiff for all overtime bouts worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration m be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a oust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disbutse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $5,652.16. Of Plaintiff s total amount, $732.02 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $732.02 will be distributed to Plaintiff from the ws[ account within 30 days from the deposit into [he trust account of the second installment on [he gross settlement amount Of Plaintiff s total amount, $732.02wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $732.02 will be distributed to Plaintiff from the trnst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $732.02, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51.904.06 and litigation costs of 587.99. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart Yiom making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to IIdDEMNIFY and DEFEND such person and entities from any and all chrims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on PlaintifFs behalf, based upon any theory of recovery, whether at law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court Tn the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either pally in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge nay and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plantiff for all overtime hotus worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid Curare costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, ariangements, or understandings between the parties on all subjects in nay way refitted to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or tmlmowa, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PL DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP O G ATTORNEY FOR PLAINTIFF ATTORNEY F COUNTY OCT 0 = 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between V iengsavanh Sivankeo (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County oJHmvai'i, Civil No. 02-00289 KSC, filed ta the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) 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 Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Courrsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtue arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made amually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust accotmt to be setup and managed by Plaintiffs' co-counsel fain of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in lain disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs ou! of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $5,634.58. Of Plaintiff s total amount, $729.74 will be distributed [o Plaintiff from the trust account svitlun 3C days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $729.74 will be distributed to Plaintiff from the wst account within 3G days from the deposi? into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $729.74 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiff s total amount, $729.74 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into [he trust account of the fourth instalhnent on the gross settlement amount. The balance of the total due to Plaintiff; $729.74, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attomeys fees of $1.898.14 and litigation costs of $87.71 . PlaintitPs Attomev's Fees and Liti~ntion Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plainntf~. Apart from malting dre payments m Paragraph 1~, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in Otis litigation or not Plaintiff agrees that the County has established Ote Section 207(k) partial overtime exemption under Ote FLSA. K By agreeing to Ote temts of this SeWement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, conttact, assignment, or otherwise. L. This agreement is contingent upon 95% of Ote Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the terms and conditions of this agreement shall not be referred to by eiOter party in Ote further litigation of this matter. N. It is expressly understood and agreed that the temts of this Agreement are contractual and not merely recitals and [fret the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemton given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, l:hapter 80, or otter claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further tmderstood and agrced that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Aay changes in Oils agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Setflement Agreement and fully understands it to be a compromise and settement and release of all claims, lmown or unlmown, present or future, that Plaintiff has or may have against Ote person and entities released, arising out of or relating to any past failure or refusal on the part of Ote County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. Y ~ti~' /o' a3' 2eyzf SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAII,ING ADDRESS: _ _ _ _ APP O G ATTORNEY FOR PLAIId'FII~'F ATT~~'c ORNEY FO C O~j ~ 81~~y COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Denise Smith (hereinafter referred to as `Tlaiatiff~ and the County of Hawaii, Hawaii. Those collectively referred 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 is privity with them or nay of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springe>• v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fau Labor Standazds 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status: (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the tune spent qualifying with fueamts; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintift'has consented to join the Litigation "seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failttre or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cottnsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, bout as [o liability and the amotmt of damages, 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 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 Cotmty to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabovq and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable is five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fotrr payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ruin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $4,025.90. Of Plaintiff's total amount, $521.40 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the rust account of the fast installment on the gross settlement amount. Of Plaintiff's total amount, $521.40 will be distributed [o Plaintiff from [he trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $521.40 will be distributed to Plaintiff from the tntst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $521.40 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $521.40, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,356.22 and litigation costs of $6262 Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary competsaton described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of actiolt of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA K. By agreeing m the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ law or m equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that [he terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in considemtion of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P.17ris Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entitles released, arising out of or relating to any past failtue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. C~~~'~ ~'I ~ is/~ e - SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINtIFF'S MAILING ADDRESS: ~ - ~ _ AP O D ED: , ATTORNEY FOR AINTIFF ATTORNEY F O OCT 2 i 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Sean Smith (hereinafter referred to as "PlaintifP7 and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County' shall include the County of Hawal'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojKawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fau Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred [o as "the Statutes'") m one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shifr or post-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by no[ compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking'to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cotrtrsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of dre Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the rPm +a n-ng four payments will be made annually on the successive anniversaries of [he first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawal'i, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,510.52. Of Plaintiffs total amotmt $195.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $195.63 will be distributed to Plaintiff from the trust account within 30 days from [he deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $195.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of [he third installment on the gross settlement amount Of Plaintiff s total amount, $195.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on [he gross settlement amount. The balance of the total due to Plaintiff, $195.63, wIll be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $508.86 and li[i~ation costs of 52351. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shalt be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or tmknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release i~hrdes all such claims or causes of action for attorney's fees or costs, now or is the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. IC. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all clauns, demands, or causes of action which aze released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Cotut In the even[ that the Court does not approve this agreement, the terms and conditions of [his agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considerntion given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffereddamages that are presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid is consideration of the Settlement Agreement are intended to and shall release and discharge nay and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed is this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Aay changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to ezecuu this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. SIGNATURE OF PL F DATE SOCIAL SECi.JRITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP VE . ATTORNEY FOR ~ATT~EY FF COUNTY OCR 15 1004 COMPRONIISE SETTLEMENT, RELEASE AND INDEMNI'Tl' AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Gerald Sodetani (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include [he 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 ox any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby slams; (8) by not compensating Plaintiff fnr missed and/or intettupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf C. WHEREAS, Plaintiffhas consented to join the Litigation seeking'to•recoverunpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a ttvst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in loin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $4,509.53. OFPlaintiffs total amount, $584.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiffs total amount, $584.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of [he second installment on the gross settlement amount Of Plaintiffs total amount, $584.04 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $584.04 will be distributed [o Plaintiff from [he trust account within 30 days from the deposit into [he trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $584.04, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of I S 19.14 and litigation costs of $70.20. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel Gom each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall , constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action d~3n~ t kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or [night have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standazds Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temts of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made byway of subrogation, contract, assignment. or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that [he Court does no[ approve this agreement, [he terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that [he terrrts of this Agreement are contractual and no[ merely recitals and that the aereements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constroed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in considemtion of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may Gave against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for ail overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~ ~ ~ Z 7/ ~ Y SI ATTIRE OF PL ATE CIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: APPR ATTORNEY FOR P IFF ~ATTO II~Y ~C~UNT~~ c' ' COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Roger Souther (hereinafter referred to as `Tlaintiff~ and the County of Hawaii, Hawaii. Those collectively referred to herein as "the Count}' 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all [he claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Sta[u[es") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Sta[u[es as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instmctor or student at [mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intermpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WIiEREAS, Plainiiffhas consented to join the Litigation seeking to recover""unpaid overtime compensation, liquidated damages and attorneys fees om account of the alleged failure or refusal of the Cotmty to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel's to prosecute the litigation; and, D. WI-IEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtue arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including [he recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate setflement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the CotrR; the rema~g four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and martaged by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $1,875.46. Of Plaintiffs total amount, $242.89 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on [he gross settlement amount. Of Plaintiff s total amount, $242.89 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [mst account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $242.89 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the tins[ account of the third installment on the gross settlement amount Of Plaintiffs total amount, $242.89 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $242.89, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 5631.79 and litigation costs of $29.20. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of actionof nay kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or utilmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Ilawai'i Revised Statutes. 'T'his release includes all such claims or causes of action for attorney's fees or costs, now or in the Cuture, whether asserted in this litigation or not Plaintiff ogees that the County has established the Section 207(k) partial overtime exemption under the FLSA. IC By agreeing to the terms of this Settlement Ageement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff ogees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on PlaintitFs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o the settlement and executing appropriate settlement releases. M. This ageement is contingent upon Final approval of [his ageement by [he Court In the even[ that the Court does no[ approve this agreement, the terns and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the tetras of this Agcement are contractual and no[ merely recitals and that the agreements contained herein and the consideration trutsferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damagr~ that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid inconsideration of the Settlement Ageement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation ro PLtintiff for all overtime hours worked as described in this Agreement It if further understood and ageed that the County denies any and all liability and that this Settlement Agreement, is not an adtission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Ageement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or utilmown, present or future, that Plaintiff has or tray have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PLtintiffs own &ee will and accord without reliance on any representation of any kind r character not expressly set forth herein. ~fl/1 f ~ - ? r r9 `f SIGNA F PL ,F DATE SOCIAL SECiJR1T'Y NT.JMBER: / PLAINTIFF'S MAILING ADDRESS: APP VE ED: ATTORNEY FOR F ATTORNEY F R O t' , COMEROMLSE SETTLEMENT, RELEASE AND INDEIVINTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agteement (hereinafter referred to as the "Settlement Agreement") is by and between Charles Spain (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referted to herein as "the County" shall include the County of Hawal'i, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement azises from a settlement reached in the lawsuit of Springer v. Caunry ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time offprovisions of the Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmctor or student at [mining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on dte County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recoGe7unpat~l overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Deveas, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in wnsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agrce as follows: F. The total aggregate settlement amount for all Plaintil3s in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tutu disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $2,155.20. Of Plaintiff s total amount, $279.12 will be distributed to Plaintiff firm the bust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $279.12 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst accotm[ of the second installment on the gross settlement amount Of Plaintiffs total amount, $279.12 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the [ms[ account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $279.12 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he [rust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $279.12, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the frost account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $7?6.03 and litigation costs of $3351. Plaintiff's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plainnff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been Sled tender the Fair Labor Standards Actand/or Chapter 80 of the Hawaii Revised Statutes This release inchtdes all such claims or causes of action for attorney's fees ~ costa, now or in the future, whether asserted in this litigation or not Plaintiff' agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogatioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consorting to the settlement and executing appropriate settlemort releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be refereed to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transfereed are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damage.?~hat are presently ualmown or that may be discovered in the fume. Nevertheless, PLtintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calmlate and pay overtime compenvation to Plaintiff for all overtime hours worked as desenbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this SeWement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way rotated to the transaction or occurrence descn'bed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or uolmowq presort or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to exeente this agreement and that Phuntiff'does so ofPhtintiffs own free will and accord without roliance on any representa ' of any kind oy character not expressly set forth herein. SIGNATURE OF P DATE SOCIAL SECURITY NUMBER: PLAIIJ'TIFF'S MAII.ING ADDRESS: i APP VE A ED: ATTORNEY FOR F ATT RNEY R CO OCT 1 12004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Donna Springer (hereinafter referred to as "Plaintiff ~ and the Cotmty of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include [he County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiffhas clavned that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Samtes (collectively referred to as "the Samtes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff 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 Plaintiff 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 utili2ation of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff' for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hoots worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover~mpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firsts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Tlaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona Rde disputes and controversies exist between the parties, both as [o liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any past failure or refitsal on the part of the County to fully and completely compensate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $10, (89.98. Of Plaintiff s total amount, $1,319.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $1,319.72 will be distributed to Plaintiff Rom the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,319.72 will be distributed to Plaintit Rom the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $1,319.72 will be distributed to Plaintiff Rom the trust account within 30 days Rom the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,319.72, will be distributed to Plaintiff from the wst account within 30 days Rom the deposit into the trust account of the tifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attorney's fees of $3 432.74 and lingation costs of $1 X8.63. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County 1mm any and all claims, demands, or causes of action of any • ^ ~'ti r. _ kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure [o comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Phuntiff has or might have, lmown or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release iachtdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the furore be asserted by Plaintiff, or by another individual or entity on PlaintitFs behalf, based upon any theory of recovery, whether at law or in equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. Tn the even[ that the Court does not approve this agreement, the [erins and conditions of [his agreement shall not be refernd [o by eidter party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages thae are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to nay past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Setflement Agreement contains the entire agreement between the patties. It supersedes any and all prior agreements, artangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all patties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, Imown or trnlmown, present or future, that Pltintiff has or may have against the person and entities released, arising out of or relating m any past failure or refusal oa the part of the County to properly calculate acrd pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PlaintifFs own free will and accord without reliance oa any representation of any kind or character not expressly set forth herein. ~ ' x, ~r- ~9-ai-clj~ SIGNATURE OF PLAINT P DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O D: ATTORNEY FOR P ATTORNEY F C -~^1 c' COMPROMISE SETTLEMENT, RELEASE AND QIDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between John Stewart (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the Counry 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and relea-se of all the claims arising Gom the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmc[or or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation sceking to recover unpaid overtime-compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereW desire to compromise and settle all claims and causes of action of 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 fully and completely competsate Plaintiff for all overtime hotus worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agn-ements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the ~A+n~ng four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $8,929.33. Of Plaintiffs total amount, $1,156.45 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $1,156.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,156.45 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust accQQ~nt of the third installment on the gross settlement amount Of Plaintiff's total amount, $1,156.45 will be distributed to Plaintiff frot}t the trust account within 30 days from [he deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,156.45, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of 53,008.06 and litigation eosts of 8139.00. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on [he amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the fugue, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA IC By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms cf this Agreement aze con'uacmal and not merely recitals and that [he agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculau and pay overtime compensation to Plaintiff for all overtime hours worked as descnTxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way rotated to the transaction or occurrence descn'bed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of PlaintifFs own free will and accord without reliance on any representation of an kind~chamcter not expressly set forth herein. SI NATTIItE OF PLAINTIIF DATE SOCIAL SECURI'T'Y NUMBER: PLAINTIFF'S MAILING ADDRESS: AP O D G ED: ATTORNEY FOR PLAINTIFF ATTO Y FO COUNTY COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Warren Sumida (hereinafter referred to as "Plaintiffs and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Slandazds Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred [o as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 tune off provisions of the Statutes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions; (6) by no[ compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby slams; (8) by not compensating Plaintiff for missed and/or internrpted meal periods; (9) by no[ compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireazms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover trnpaid`oJertime compensation, liquidated damages and attorneys fees on account of the alleged failtue or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desue to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the paRies agree as follows: F. The mtal aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made anntrally on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $5,457.96. Of Plaintiffs total amount, $706.87 will be distributed to Plaintiff from the wet account within 30 days from the deposit into the wet account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $706.87 will be distributed to Plaintiff from the wet account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $706.87 will be distributed to Plaintiff from the ttvst account within 30 days from the deposit into the trust account of the third installment on [he gross settlement amount Of Plaintiffs total amount, $706.87 will be distributed to Plaintiff from the wet account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff; $706.87, will be distributed to Plaintiff from the ws[ account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1.838.64 and litigation costs of 584.96. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the paymenu made to the Plaintiff Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatoq unpaid overtime compensatoq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory relief which Plaintiff has or might have, known or tmlmowq now existing, that either were or could have been filed under the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or sot PLtintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogatioq contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the even[ that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the temps of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatoq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. PLtintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past faihtre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related m the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the tetras of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully undetstands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any rep ~~Ca__tion of any kind or character not expressly set forth herein. ~~N~~ q ~ ~~04 SIGNATURE OF P DATE SOCIAL SECURITY NUMBER: P 'S MAILING ADDRESS: ~ _ AP O D G ED: ATTORNEY FOR PLAINTIFF ATTORNEY FO CO s~~~ s o 2aa4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement's is by and between Dayton Tagaca (hereinafter referred [o as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure [o include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Samtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instntctor or student at training sescions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods; (9) by not compensating Plaintiff for the tune spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on [he County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtue arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on dte successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fum of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in turn disburse [he appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counri. H. Plaintiffs share of the gross settlement amount is $3,379 76. Of Plaintiffs total amount, $437.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fus[ installment on the gross settlement amount. Of Plaintiffs total amount, $437.72 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiffs total amount, $437.72wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $437.72 will be distributed to Plaintiff from the [mst account within 30 days from the deposit into the trust account of [he fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $437.72, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $ L 138.35 and litigation costs of $5'_.6 L Plaintiffs Attorney s' Fees and Litigation Costs will be deducted on a pro-rata basis' by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawal'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiffagrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at ]aw or in equity, and whether made by way of subroga[ioq contract, assigmnent, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or carrses of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this SeWement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnlxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chrims, known or un(mown, present or future, that Plaintiff has or may Gave against the person and entities released, arising out of or relating to any past failrue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned PLtintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Phtintiffs own free will and accord without reliance on any repres'ent~ation of any kind or character not expressly set forth herein. SIGNATURE F DATE SOCIAL SECURITY NUMBER: PLA]NTB=F'S MAILING ADDRESS: - , t w ~ - APP O ED: _ _ ~r . ATTORNEY FOR P AINI'IFF ATTO Y FOR CO OCj 0 2~~4 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Thomas Waltjen (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawal'i, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United Stales District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Sta[u[es") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and m consideration of the mutual promises and agreements herein contained, including the recitals se[ fotYh hereinabove, and the monetary considemtion to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepam[e installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rearaining fora payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation cosu will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $7,96 L 14. Of Plaintiff s total amount, $1,031.06 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiffs total amount, $1,031.06 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tors[ account of the second installment on the gross settlement amount. Of Plaintiffs total amount, $1,031.06 will be distributed to Plaintiff from the trust account wtthin 30 days from the deposit into the trust account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $1,031.06 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,031.06, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the temts of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attorney's fees of$2.6R 1.90 and lineation costs of $133.93. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs Counsel from each of tl[e payments made [o the Plaintiff. Apart from making dte payments in Paragraph F, above, [he County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injtmctive or declaratory relief which Plaintiff has or might have, Imowv or uttknowrt, now existing, that either were or could have been Sled tinder the Fair Labor Standards Act and/or Chapter 80 of the Hawar'i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the Cuture, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon fatal approval of this agreement by [he Court In the event that the Court does no[ approve this agreement, the terms and conditions of [his agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the tetras of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime comprnsation m Plaintiff for all overtime hoots worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this SeWement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settkatent Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may otily be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chtims, known or »nlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to Properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own &oe will and accord without reliance on any epresentation of any kind cor character not expressly set forth herein. SIGNATURE OF PLAIN'T'IFF - DATE SOCIAL SECURITY NUMBER: PLAIIJTIFF'S MAILING ADDRESS: APP OVE D: ATTORNEY FOR PLAIN"I'lFF ,/r~FTORNEy-~ F ~:t~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Don Takahashi (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawal'i. Those collectively referred to herein as "[he County" shall include [he 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 them. this Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Sta[u[es") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by no[ 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 Plaintiff [o participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmc[or or student a[ training sessions; (6) by not compensa[utg Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with fuearrrts; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of [he County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law funs of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Tlaintiffs' Counsel'? to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futtrre arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of [he mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fotrr payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-coutLSel fimt of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $7,337.90. Of Plaintiff s total amount, $950.34 wIll be distributed [o Plaintiff from the tnrst account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $950.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $950.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiffs total amount, $950.34 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due [o Plaintiff, $950.34, will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 52.47194 and litigation costs of $ l 14.23. Plaintiff:: Attorney's Feas and Litigaton Cnsts will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff Apan from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compensatioq any failure to comply with wmpensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmowq now existing, that either were or could have been 51x1 under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) Partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons sad entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any sad all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments made nor releases or other considemtion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the SeWement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past 5tihrre m refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all rior a P ggrements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral mderstandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modi5catioq waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all chums, known or urtknowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Phaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. / - 2 `f SIC9NA~URE OF PLAIIJTIFF DATE SOCIAL SECURITY NUMBER: . - • P 'S MAII.ING ADDRESS: APP ED: ATTORNEY FOR P ATTORNEY FO OUNTY OCT 0 1 1004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Danette Tavares (hereinafter referred [o as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include [he County of Hawai i, Hawai'i, 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 [hem. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in [he United Stales District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents [he total compromise, settlement and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Pair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Stamtes") m one or more of the following manners: (1) by fading to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rote of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff For all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for [he tune spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; - " ~ C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, [he pazties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in [his matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will m mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $5,893 S8. Of Plaintiff s total amount, $763.29 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fast installment on the gross settlement amount Of Plaintiff s total amount, $763.29 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $763.29 will be disributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff's total amount $763.29 will be distributed to Plaintiff from the Wst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $763.29, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S 1,985.39 and litigation costs of 591 J5. Plaintitl's Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel tiom each of the payments made to the Plaintiff Apart from making the payments al Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of ction of any OCT ~ 200~t kind whatsoever far back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or [night have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards pct and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such chtims or causes of action for attorney's fees or coals, ~w or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS dre persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other considemtion given shall be wnstrued as an admission of liabiliry, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowkxlges that the sums to be paid inconsideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chrims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between dte parties. It supersedes any and all or a Pri greements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLuntiff for all overtime hours worked. The undersigned PLtintiff warrants that Plaintiff is of legal age and legally competent to acetate this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character/n~ot e~xpr~essly set forth herein. SIGNATURE OF PLAIIJTIFF DATE SOCIAL SECIJRI'I'Y Ni.TMBER: PLAIN'TIFF'S MAILING ADDRESS: APP G D: ATTORNEY FOR P ATTORNE FO C t OCT 2 ~ 2004 COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Linda Tester (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively refernd to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Sprenger v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Ac[ (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "[he Statutes") in one or more of [he following manners: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not competsating Plaintiff 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 tune off provisions of the Statutes as they relate [o the accrual and/or utilisation of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an ins[mctor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or intemrpted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, (10) by not compensating Plaintiff for [he time spent qualifying with fireamrs; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; "C. WFIEREAS, PLtintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, ligttidated ' damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabovq and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remp--_~i~4 four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to [he Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,448.53. Of Plaintiff's total amount, $446.62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $446.62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Oti Plaintiff s total amount, $446.62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiffs total amount, $446.62 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the tmst account of [he fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $446.62, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,16192 and litigation costs of $53 68. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel from each of the payments made to the Plaintiff. Apart tiom making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other tarter on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensatioq unpaid overtime compen.4atioq any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might haw, known or unlmown, now existing, Utat either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, now or in the future, wheUter asserted in Utis litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to Ute terms of this Settlement Agrcement and accepting Ute payment of monies pursuant to this Settlement Agreement, Plaintiffagrees to sad does hereby SAVE and HOLD HARMLESS Ute persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and wheUter made byway of subrogatioq contract, assignment, or oUterwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. in Ute event Utat the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by eiUter party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be.. _ _ discovered in Ute future. Nevertheless, PLtintiff acknowledges that Ute sums to be paid in consideration of Ute Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, ar other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure 6r refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descn'bed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between Ute parties on all subjects in any way related to the hancaction or occurrence descnTxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with Ute temrs of this Settlement Agreement exist This Settlement Agreement is not subject to any modificatioq waiver, or addition. Any changes in this agreemmt may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmowq present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~/~i/~ Oy-2z-~¢ SIGN~AT' JRE OF PLAIN'T'IFF DATE SOCIAL SECiJRITY N[JMBER: ^ P 'S MAII.ING ADDRESS: _ AP RO AG ED: ATTORNEY FOR PLAINTIFF ATTORNEY R O 1~cy c'~ ~ . COMPROMLSE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter inferred to as the "Settlement Agreement's is by and between Darryel Tolentiao (heroinafter referred to as "Plaintitf ~ and the County of Hawaii, Hawaii. TLose collectively rofetred to heroin 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 them, This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Hawaii, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 80 of the Hawai' i Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1 } by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (S) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby stains; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated- damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison 8c Vick (referred to collectively as "Plaintiffs' Counsel'? to prosecute the litigation; and, D. WFlFREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considertion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fora payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-couttsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plainfiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's shaze of the a oss settlement amount is $5,287.08. Of Plaintiffs total amount, $684.74 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount Of Plaintiff's total amount, $684.74 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $684.74 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $684.74 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trtvst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $684.74, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1.781.08 and litigation costs of 582.30. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described heroin fall constitute a full and complete release, acquittal and discharge of the County fiom any and all claims, demand, oreauses.of"action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overcme compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or dechuatory rehef which Plaintiff has or might have, known or ualmown, now existing, that either were or could have been Sled under the Fair Labor Standards Act andlor Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attomcy's fees or costa, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Sxcon 207(k) partial overtime exemption under the FLSA. K. Sy agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entices from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the CouR In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the temts of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Pltintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Seffiemenl Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of of related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLtintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way rehued to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements wntrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation m PLtintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own fix will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~,t~~,~v~~~z--~~ fir-, .~/G¢ SIGNATURE OF AINTIFF DATE - SOCIAL SECT JRITY M.TMAER: ` - - . PLAIIdTTFF'S MAII.ING ADDRESS: _ _ _ APP O AG ED: i r ATTORNEY FOR PLAINTIFF ORNEY FOR O ~~k c'~ r COMPROMISE SETTLEMENT, RELEASE AND pVDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Iadetnniry Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Issas Tom (hereinafter referred to as "Plaintiff') and the Cotmty of Hawaii, Hawaii. Those collectively referred 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 them. ibis Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents the total compromise, settlement. and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSAj 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz mte of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 andlor utilization of compensatory time off; (4} by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the [Une spent in stanaby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (t 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiffhas consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as'Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and compietety compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, fot and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account m be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttrm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $10,050.17. OY'Plaintiffs total amount, $1,30L62 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the oust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $],301.62 will be distributed to Plaintiff from the [rust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $1,301.62 will be distributed to Plaintiff from the Imst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff's rota[ amount, $1,30 L62 will be distributed to Plaintiff from the trust account wittrirr 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,301.62, will be distributed [o Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth instalUnent on the gross settlement amount. Under the tetras of Plaintiff s attomey's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $3,385.64 and litigation costs of S 155.45. Plaintiffs Attorneys Fees and Litigation Costs will be deducted un a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plain[itt. Apan from malting the payments m I'aragrapit F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or milmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchtdes all such claims or causes of action for attorney's fees or cosh, now or in the future, whethv asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FISA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreemen;Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMN~ 1 and DEFEND such person and entities from any and all claims, demands, or causes of action which aro released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract assignment or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in Ote Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement the temrs and conditions of this agreement shall not be referred to by either parry in the fitrther litigation of this matter. N. It is expressly understood and agrced that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be conswed as an admission of liability, all liability being expressly denied O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Setilem®t Agreement are intended to and shall release and discharge any and all FISA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if futther understood and agreed that the County denies any and all liability and that this SeWement Agreement is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refitsal on the pact of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked The undersigned Plaintiff warrants that Plaintiff is of legal age and le ally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any r ration of any kind o cter not expressly set forth herein. SIGNATURE OF PLAIIVTIFF DATE SOCIAL SECURITY NUMBER: _ _ _ ' PI.AII~TI'iFF'S MAILING ADDRESS: ' r APP OVE ~ ATTORNEY FOR PLAIN'T'IFF A~ CtJUNT~~ ti~°~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refeaed to as the "Settlement Agreement") is by and between Jason Tominaga (hereinafter referred [o as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ofHawai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the Counry has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Staru[es (collectively referred to as "the Staru[es") in one or more of [he following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time offprovisions of the Statutes as they relate ro the accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instmc[or or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has cottsented to join the Litigation sceking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Starutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the patties agree as follows: F. The total aggregate settlement amount for all Plaintils in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the CouR; the remaining four payments will be made annually on the successive anniversaries of the fast payment G. The County will pay the settlement amounts to a ttttst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of [he amounts received from the County. H. Plaintiffs share of the gross settlement amount is $1,863.33. Of Plaintiffs total amount, $241.32 will be distributed to Plaintiff from the Wst account within 30 days from the deposit into the trust account of the first installent on the gross settlement amount Of Plaintiff s total amount, $241.32 will be distributed to Plaintiff from [he tmst account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $241.32 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third instalUnent on the gross settlement amount. Of Plaintiff s total amount, $241.32 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth instalment on the gross settlement amount. The balance of the total due to Plaintiff, $241.32, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of S627J1 and lineation costs of $29 Ol. Plaimiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaimiffs' Counsel fFom each of the payments made to the Plaintiff Apan from making the payments in Paragraph F, above, the Counry shall have no obligation to PlaintifY to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constirute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, (mown or tmlmown, now existing, that either were or could have been filed under the Fau Labor Standards Ac[ and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or ceases of action for attomeys fees or costs, now or in the future, whether asserted m this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of [he Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of [his agreement by the Coun. In the even[ that the Court does no[ approve this agreement, the terms and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and no[ merely recitals and that the agreements contained herein and [he consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all Lability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the patties on all subjects in any way related to the transaction or cecurtence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter no[ expressly set forth herein. - D 9. 2 z - y ~ SI A OF PL F DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP O D ED: T ATTORNEY FOR PLAINTIFF ATTORNEY F CO ~ ~s ~Q~ C~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter refeaed to as the "Settlement Agreement") is by and between Marvin Troutman (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawai i. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Plaintiff for overtime worked by reason of its failure to include in [he calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluatiotu or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked inwork-related travel; (7) by not compensating Plaintiff for the tune spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted mea] periods; (9) by not compensating Plaintiff for the time spent cleanine and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & V ick (referred to collectively as "Plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, For and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the rrma;n;ng four payments will be made annttally on the successive anniversaries of the first payment. G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in ttun disburse the appropriate payments to the Plaintiffs. Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $6,233.51. Of Plaintiff s total amount, $807.31 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $807.31 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s Iota] amount, $807.31 will be distributed to Plaintiff from the trust account within 3U days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $807.31 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $807.31, will be distributed to Plaintiff from the wst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys- fees of '52.099.91 and litigation costs of $97.04. Plaintiff s Attorney's Fees and Lineation Costs will be deducted nn a pro-rata basis by Plaintiffs' Counsel tom each of the payments made to the Plaimiff. Apart from making dre payments in Paragraph F, above, the County shall have no obligation [o Plaintiff to ensure [hat the Plaintiffs individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any ~ ~ , ~ ~u~~ kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawar"i Revised Statutes. ILis release inchtdes all such claims or causes of action for attorney's fxs or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the temts and conditions of this agreement shall not be referred [o by either parry in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and no[ merely recitals and that the agreements contained herein and [he consideration transferred aze m compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the futtue. Nevertheless, Plaintiff aclmowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime horns worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occtrrreace descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modi&cation, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or ualmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtre or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff waaaats that Plaintiff is of legal age and legally wmpetent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on nay representation of any kind or c'(h/arn,,c[,e\r`no[ expressly set forth herein./~ , / SIGNATURE OF PLAINTIFF DATE - r, , SOCIAL SECURffY NUMBER: PLAIIJ'fIFF'S MAII.ING ADDRESS: APP OVE ED: ATTORNEY FOR PLAINTIFF ATTORNEY F CO ~r7 J ?~e4 ~L1 COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Carl Urban Jr (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, pas[ and present, their transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed [hat the County has violated the Fait Labor Standazds Act (FLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "rite Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff For overtime worked by reason of its failwe to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift bdefmg 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 [he accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at [raining sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by no[ compensating Plaintiff for the time spent in standby status; (8) by not compensating Plairtiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failwe or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hotrs worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384,61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the rnma+n~ng fow payments will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a tntst account to be setup and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in twn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $2,931.24. Of Plaintiffs total amount, $379.63 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the trust account of [he fast installment on the gross settlement amount Of Plaintiff s total amount, $379.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $379.63 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $379.63 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $379.63, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $987.x6 and litigation costs of 545.63. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plamtiff. Aparl from making the payments in Paragraph F, above. dre County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of [he County from any and all claims, demands, or causes of ac_tign of any r . kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, knowv or unlmowq now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release inchrdes all such claims or causes of action for attorney's fees or costs, now or in dre future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. IC. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiffs behalf, based upon any theory of recovery, whether at law or in equity, and whether made byway of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve [his agreement, the terms and conditions of this agreement shall no[ be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of [his Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the pan of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnlxd in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the trat>saction or occurrence descnTxd in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully tnderstands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any represen n of any kind or character not expressly set forth herein. ~~~~~t ~ z~~ a~ SIGNATURE OF PLAINT DATE SOCIAL SECURfI'Y NUMBER: PLAINT'IFF'S MAILING ADDRESS: , i i ~~i i~ AP RO A D: ATTORNEY FOR ATTO Y FOR OUNT'Y 'L_°`~ c COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Jacob Van ICralingen (hereinafter referred to as "PlaintifP7 and the County of Hawaii, Hawai'i.lhose collectively referred 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 m privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as [he "Litigation"), and represents the total compromise, settlement, and release of all [he claims arising from [he Litigation. B. WHEREAS, Plaintiff has claimed [hat the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shin briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Stamtes as they relate to the accmal and/or utilization of compensatory time off; (4) by requiting Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student a[ training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by no[ compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula 8c Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties herem desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the futtrre arising out of or related m any past failure or refusal on the part of the County to fuuy and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs is this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a tmst account to be setup and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $3,157.17. Of Plaintiff s total amount, $408.89 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the [mst account of the fus[ mstalhnent on the gross settlement amount. Of Plaintiff s total amount, $408.89 will be distributed to Plaintiff from the tats[ account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount, $408.89 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the tmst account of the thud installment on the gross settlement amount. Of Plaintiffs total amount, $408.89 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $408.89, will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of $1,063.57 and litigation costs of $49.15. Plaintiff s Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Pazagraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any t` kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, lmown or trrtknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or noc Plaintiff agrees that the County has established the Section 207(k) partial ovetime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting ilte payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNQ~1' and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether a[ ]aw or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the tetras and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed [hat the terms of this Agreement are contractual and not merely recitals and [ha[ the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peacefiil resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unimown or that tray be diswvered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation P. This Setflement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modiScation, waiver, or addition. Any changes is this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, kvown or unlmown, presort or futtue, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all ovetme hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or chazacter not expressly set forth herein. SIGNATURE OF PLAIN'TIF'F DATE SOCIAL SECURITY NUMBER: PL 'S MAILING ADDRESS: APP O D: ATTORNEY FOR PLAIIJTIFF /ATTORNEY FOR OUNTY t~ .t r - c' COMPROMISE SETTLEMENT, RELEASE AND INDEMNTCY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Dale Vfloria (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "[he County" shall include the County of Hawaii, Hawaii, its elected officials, employees, agents, and servants, past and present, then transferees, assigns, successors in interest, and all others who at any tune have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHmvai'i, Civil No. 02-00289 KSC, filed in the United Slates District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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: (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regulaz rate of pay all such compensation as is required by Statutes; (2) by no[ compensating Plaintiff 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he time spent in standby status; (8) by not compensating Plaintiff fur missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotrnsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabeve, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four paymenu will be made annually on the successive anniversaries of the first payment G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-cotmsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $1,596.92. Of Plaintiffs total amount, $206.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fast installment on the gross settlement amount Of Plaintiffs total amount, $206.82 will be distributed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $206.82 will be distributed to Plaintiff from [he trust account within 30 days from the deposit into the trust account of [he third installment on [he gross settlement amount Of Plaintiff s total amount, $206.82 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $206.82, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 5537.96 and litigation costs of5_'4.Sfi. Plaintiffs Attorney's Fees and Litigation Costs will be deducted on a pro-rata basis by Plaintiffs' Counsel from each of the payments made to the Plaintiff. Apan from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or trrilmown, now existing, that either were or could have been filed trader the Fav Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or catrses of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the Cotmty has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and al] claims, demands, or causes of action which are released by this Settlement Agreement but which may m the future be asserted by Plaintiff, or by another individual or entity on Plaituiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of [his agreement by the Court. In the event that the Court does not approve this agreement, the tetvts and conditions of this agreement shall no[ be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently uttknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refirsal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement. It if firrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the tetras of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands i[ to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failtrre or refusal on the part of the County to properly calculate and pay overthne compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants [hat Plaintiff is of legal age and legally competent to execute [his agreement and that Plaintiff does so of Plaintiff's own flee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIG OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINFI):~'S MAILING ADDRESS: APPROVE[) ED: / ATTORNEY FOR TIFF TTORNEY F COtJN'CY 1^,p4 C ~ COMPROMISE SETTLEMENT, RELEASE ,4ND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Albert Dela Cruz Jr (hereinafter referred to as "PlaintifF') and the Counry of Hawaii, Hawai i. Those collectively referred to herein ?s "the County' shall include the County of Hawaii. Hawai'i_ its elected officmis, amplovees. agents, and servartts, past and present, their transferees, assigns, successors in interest, and all others who a[ any time have been in purity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer r. Cmrnn• of NarvoiS.Civil No. 02-00289 KSC. filed in the Untied Stales District Court for dte Distnct of Hawaii (referred to herein as the "Liugatiod'). and represents the total compronuse sculcment. ;md release of all the claims ansinrz from the Litigation. L3. AVIIGKL:AS_ Plaum fl~ has claimed that the Coung~ Itas ~ iolated the Purr Labor Standards :Aa fPLS:A1 and Chapter SO of the Hawaii Revised Statutes (collectively referred to as "ihe Swtu[es'~) m one or more of the following manners (I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff 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 [o the accrual and/or uuhzauon of compensatory time till (4) by requiring Plaintiff to pamcipate in mandatory medical cvalumtons or esanunations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an mstmctor or studem at vainurg sesstoro: t6) by ?ot eo:nparaatiag Pfaintil: fc all tine ~,vorl:ed in ork-releted trarel: h~~ not compensating plaintiff for the time spent in standby stains; (B) by not compensating Plaintiff for missed and/or interrupted meal periods; t9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles; (10) by not compensating Plaintit~t~ for the time spent qualifying with firearms: and (11) by not otherwise compensating Plaintiff for hours worked on the Counry's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (retierred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desve to compromise and settle all claims and causes of action of 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 [o fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Samtes; E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs m this matter is $1,326,923.05, payable ¢t five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer, Meheula &Devens. LLP, located in Honolulu. Hawaii, which will in mm disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received hour the Counry. H. Plaintiff's share of the grows settlement antoun[ is $4,Oi4.U7. Of Plaintiffs total amount, SSLZ64 wrii be atstnbuted to Plaintiff from the trust account within 30 days hour the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs rotal amount, $52264 will be distributed [o Plaintiff from the trust account wtdrin 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiffs total amount,'5527.64will be distributed to Plaintiff tium the trust account wuhm 30 days from the depusu mw the trust account of the third instulhnent on the toss settlcurent unwmrt. Of Plaintiffs total amoum, 5527.64 wdl be distributed [o Plaintiff from the trust account within 30 days' Iron the deposit into the [rust account of the (ounh installment on the gross settlement amount. The balance of the total due to Plaintiff. $52264, wdl be distributed to Plaintiff from the tnret account wuhm 30 days from the deposit into the trust account oFthe fifth installment tin the gross settlement amount- finder the tcrrn~ of Plaintiffs unnmev': fee ?ercemcm with Plaintiffs Counsel PlainnfCis obligaicd ro pay attomev', Cces of I. r~ anti !iu~~auon ~_n~i..,f Ch ; a' I'!ainull~. -Atnn~nc~' : Fcev ,md I uigauon (-osi. •,ctll he tlcductcrl nn a ~~m-ru? b.isi. b~ I'lamiil Is L oun,d Innn cash .u thr p;nmem, mmlr to the Plainuli_ _Ap:u i from uwkmg the p:nmrni, w Pari~rapit I . ai~~,~c. the r ,~unn :hall hay r no obli~auon to Plauudi to cusure that the Plannitt~s mdrvidual distribution is m~de- L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff, execution of this' Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation. any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or tutknown, now existing, tits[ either were or could have been filed tinder the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the Couary has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies ptusuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and eatities released herein and agrees to INDEMMFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or inequity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In [he event [ha[ the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred [o by either party in the further litigation of this matter. N. It is expressly understood and agreed [hat the terms of this Agreement aze contractual and not merely recitals and that the aereements contained herein and the consideration transferred are [o compromise doubtful and disputed clavns, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other coasiderntion given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other chtims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as descnbed in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this SeWement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement sad fully understands it to be a compromise sad settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to PLtintiff for all oveRime hours worked The undersigned Plaintiff wartants that Plaintiff is of legal age and legally competent to execute this agreement sad that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or c not expressly set forth herein. ` ~o / D SIGNATURE OF P F D SOCIAL SEC ER: A/ PL 'S MAILING ADDRESS: - l APP G D: i ATTORNEY FOR PLAINTIFF ATTO Y FO COUNTY COMPROI~IISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Edmundo Palacol (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai'i. Those collectively referred to herein as "[he 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 them. This Settlement Agreement arises from a settlement reached m the lawsuit of Springer v. Counrv ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referted to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Stam[es'") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shifr 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for [he tune spent in standby starus; (8) by aot compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating P!aintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fireamts; and (l l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join [he Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `plaintiffs' Counsel's to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the pazties, both as to Lability and [he amount of damages, if any, and by reason of such disputes and controversies dte parties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related [o any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, 'T'HEREFORE, for and m consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabovq and the monetazy consideration to be exchanged, [he parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining fotu payments will be made annuaLy on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will m rum disburse the appropriate payments [o the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received Gom the County. H. Plaintiff s shaze of the Bross settlement amount is $2,271.54. Of Plaintiff s total amount, $294.19 will be distributed [o Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount Of Plaintiff s total amount, $294.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $294.19 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Dust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $294.19 will be distributed to Plaintiff from the wst account within 30 days from the deposit into [he tmst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $294.19, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth instalUnent on the gross settlement amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of $765?2 and litigation costs of S3 s.3fi. Plaintiff, Attorney's Fees find Litigation Costs will he deducted nn a pro-rata basis by Plaintiffs Counsel lrom each of the payments made to the Plaintiff. Apan from making the payments m Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff's individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the fumre be asserted by Plaintiff, or by another individual or emits on Plaintiff s behalf, based upon any theory of recovery, whether at law or ur equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting [o [he settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the even[ that the Court does not approve dtis agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages [hat are presently unlmown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if firrther understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past faihrre or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hoots worked The undersigned Plaintiff warrartts that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. io -~Z 2cc`~ SIGNATURE OF PLAINCIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: APP V D D D: / ATTORNEY FOR PLAINTIFF _ ATTORNEY F ~ CO OCT 1 8 2004 COMPROMISE SETTLEMENT, RELEASE .4ND INDEMNITY AGREEMENT A. This Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Norbert Serrao .Ir (hereinafter referred to as "Plauttiff') and the County of Hawaii. Hawaii. Those collectively referred 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 them. This Settlement Agreement arises from a settlement reached in the 19wsuit of Springer t~_ Cnunn- qJ Huu'ai'i. Civil No. 02-00289 KSC, tiled in the United States District Court for the District of Hawaii (referred [o herein as the "Litigation"), and represents dte total compromise. .enlentcnt and mlease of all ~hc davus nosing 1}om thr Luieauon. B. WHEREAS, Plaintiff has clmmed that the County has violared the Fair Labor Standards .Act (PLSA) and Chapter 80 of the Hawaii Revised Statutes (collectively referred to as "the Starute') m one or more of the following manners: (1) by fatting to properly compensate Plaintiff for overtime worked by reason of ies failure to include in the calculation of Plaintiff ,regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shin or post-shift periods of work: (3) by not complying w idt the compensatory time off provisions of the Starutes us they relate to the accrual and/or utilization of compensatory time off, (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or srudent at training sessions; (6) by not compensating Plaintiff Coral] time worked in work-related travel: (7) by not compensating Plaintiff for the time spent in sandby smms; (n") by not compensating Plaimiff for mused and~or inteaupted roeai periods: (9) by not compensating PLainiff for the time spent cleaning and maintaining County-issued vehicles; (l0) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compersation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parries hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the furore arising out of or related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the murual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable m five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; [he remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust xcount to be se[ up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens. LLP. located m Honolulu, I lawai i. whtch will ut loin disburse dte appropriate payments [o dte Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plauttiff; share of the cross settlement amount is i55"tn lit of Plaimi~s to[ai amount. c-t9?' will b, di=_~nbuted to Plaintiff from the trust account within 30 days Cmm the deposit mro the frost account of the first installment on the gross settlement amount Of Plaintiff; total amount. $715.77 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the frost account of the eecond installment nn [he ~emss :ettlemcnt ?mounL Of Plaintiff s total amount Y71 ~.'~will be disMbuted to Plaintiff from the trust account within 30 days from the deport into the trust account of the third installment on the gross settlement amount. Of Plaintiff's total amount. $7li.77 kill he disMbmed to Plaintiff from the trust account within 30 days from the deposit into [he trust account of the fourth installment on the ,rocs settlement amount. the balance of [he total due to Plaintiff, S7li.77, will be distributed to Plaintiff from the trust account «uhin 30 days Iron the depostt imo the trust account of the fifth installment on the gross settlement :unount. l ender the icrnt,a of Plumnff s annrne~. tee .ivrremcnt wnh Plaintif6- Gnmscl. Pl:unul l rc obligated io pay ?ttornev~c tees of ~ Lal ~u ,end hucan~vt co.t., oi~~sh ir7 I'lunii~! ..V~anxv~; fce~.end I_iuuuon (.~,.L. ill be deduard .m e hro :wa bast; b.' 1'Iauvi~R C ounscl from each of the pavntcut.c made ro the Plamnl7 :lpart t}om making die payments m Paragraph I, above, the County shall hove nu obligation to PtauttitT to ensure that the Plmnuffs mdit-idual distnbuuon is made. I. Plauttiff shall be solely responsible (or the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. PlnmtitTs execution of [his Settlement :Agreement and acceptance of the monetary compensation desenbed herein shall constitute a full and complete release, acquittal and discharge of dte County from any and all claims, demands. or causes of action of tiny kind whatsoever for buck wages, unpaid strmgh[ lime compensation, unpaid overtime compensation, any failure to comply with compensatory hme off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 30 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Battlement Agreement and accepting the payment of monies pursuant ~o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to MDENIN[FY and DEFEND such pzrson and zmities from arty and all claims. demands, or causes of action which are released by this Settlanent asree:nent but which may ~n the furore he asserted by Plaintiff, or by another individual or enuty on Plaintiffs behalf based upon ,m~ theon~ .il~recrn erv~. tchethe; ai la~~ or m eyuuv_ and whether made by way of wbroga[ion_ umtrui. u~ti~~nmznt. or othzrn i~r- L. This agreement is contingent upon 45°5, of the Plaintitls in the Lmga[ion consznnne to the settlement and zxecuune appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement. the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and chat [he agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peacefiil resolution. and that no payments made nor releases or other consideration ~__>rven shall be construed as an admission of ii,b;l, h,, ~l] !iab;li`-Y hn.~o >._nrs.]„ iz.: o~i - O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 30, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtone compensation to Plaintiff for all overtime hours worked as described in [his Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. Ibis Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on ail subjects m any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means oT a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. Iv i ~,i i ~ i~L vL i L.ti; Z i t D- :T°_ SOCIAL SECURITY NUMBER: PLAT F'S MAILING ADDRESS: ______1 _'r-- - .4 RO A A EED: / I'//nI //fin/ - - - - - - - - A ITO~I _c l- -~~~-,lG~'~ - :A OR. ~Y FO t_:VNlIFF TliJJJrrr COMPROMISE SETTLEMENT, RELEASE AND INDEMNTI'Y AGREEMENT A. This Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Robert Almeida (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors N interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v County ojHawai'i, Civil No. 02-00289 KSC, tiled in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, senlcment, and release of all the claims an:mg from the Litigation. B. WHEREAS. Plaintiff has clmmed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 30 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 Plaintiff for overtime worked by reason of its failure to include m the calculation of Plaintiff's regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff 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 accmal and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions: (6) by not compensating Plaintiff for all tune worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status: (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fueamrs; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attomeys fees on accotmt of the alleged failure or refirsal of the County to properly compensate Plaintiff for all time worked for or on behalf of the Cotmry, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as [o liability and the amount of damages, if any, and by reason of such disputes and controversies the patties hereto desire to compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of or related to any pas[ failure or refusal on the part of the County [o fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fvst payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel fain of Winer. Meheula & Devens, LLP, Located in Honolulu. Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $31,590.81. Of Plaintiff s total amount, 54,091.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $4,091.38 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tntst account of the second installment on the eroas settlement amount. Of Plaintiff s total amount. $4,091.38will be distributed to Plaintiff from the Imst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff's total amount, $4,091.38 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the vast account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $4,091.38, will be disuributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fifth installment on the gross settlement amount. Under the term, of Plaumffs attomeys tee agreement with Plaintiffs' Counsel Plaintiff is obligated to pay intomeys fees of y 10,6d' I' ,md huguuon m~is ofS-191.7ft_ Plamufl'c Attomcys Fees and Lntuutinn lasts gill he deducted ~~n ,i pro-ram basis by Plainnft~s' Counsel from each of d[e payments made to [he Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs' individual distribution is made. L PlaintifT shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever For back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which PlaintitT has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. this release includes all such claims or causes of action for attorney's fees or costs, now or in Utz future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtone exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and zntities released herein and agrees to INDEb1NIFY and DEPEND such person and zmities Born arty and all clamts. demands. or causes of action which are released by this Scnlcmem .A^recment but which may in the tiiture br ?cscr[cd by Plaintiff. or b_v another indit uhuU or entity on Plamtiti`: behalf. ha.ed ?L,n .im :hr i~, ~(;c"~~~? tchrihr, ui '~m~. .~.n ~~i,um.. in~i .~h~~ihrr muds ho ~.r:r. I.uni.~~~w~~n-~ontr.tu-.na_nnirn~-„r,~ihci~n; L this agreement is amungen[ upon 9~°0 0l the Plamnlts in the Liuganon eonsznting u> these¢lement and execunne appropriate settlement releases. M. This agreement is contingent upon fmal approval of Utis agreement by the Court. In the event that the Court does not approve this agreement, the tetrrts and conditions of this agreement shall not be refereed to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration viven shall be conswed as an admission of liability, all liability being expressly denied. - O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered in the futtue. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked as described in this Agreement. I[ if further understood and agreed that [he County deities any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid fumre costly litigation. P. TTtis Settlement Agreement contains [he entire agreement between the patties. II supersedes any and all prior agreements, arrangements, or Imderstandings between the parties on all subjects in any way related to the transaction or occurrence described m this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes m this agreement may only be by means of a writing signed by all parties. Q. T'he undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or uttlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and -Ieg~Il~cotFt~teten[ to execute this agreement and that Plaintiff does so of PlaintifFs own &ee will and accord without reliance on any ( repre taho~ d o ~ cter not expressly set forth herein. ~ ~ ~ ~ C ~t _ ZZ- ~ _ _ SIGNATLT2E OF PLAINTIFI'~ DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: - APPROVED .AND .AGREED ~ {f ~/l I////~771_ :V`fORN61' POK PL:\IN~IIFF ~;(-I"f~KNIiY~WCO~~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement. Release. and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Hyland Char .Jr (hereinafter referred to ?s "Plaintiff') and the County of Hawaii. Hawai i. l~hose collectively referred to herein as "the County' shall include the County of Hawai i, Hawaii, its elected otlicials, employees, agents, and servants, past and present, their transferees. assigns. successors in interest, and all others who at any time have been m privity with them or any of them. lltis Szttlznrent Agreement arises from a settlement reached in the lawsuit of Springer v. Cnunry u% Hmvoi'i, Civil tio_ 02-00289 KSC, filed in the h'nited States District Court for the District of liawai'i (referred to herein as the "Litigatiori'), and represents the total compromise, ~eulcmcnt_ ,uxi relci.c Udall ihr cluinu amine from the Lmgatioa B. Wlilltl=AS, I'lainutP has dawned that the County has violated the Fmr Labor Standards ;Aet (FLS,A) and Chapter 80 ofthc Hatvai'i Revised Statutes (collectively rzfetTed [o a, "the Statutes") in one or more of the tbllowing manner: (t) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or pwt-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Statutes as they relate m the accrual andor utilization of compensatory time off: (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations widrout the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (Rl by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the tune spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County ro properly compensate Plaintiff for all time worked for or on behalf of the Cotmty, and has retained [he law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futttre arising out of or related to any past faihtre or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable m five sepazate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer. Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs share of the gross settlement amount is $8,583.76. OFPlaintiffs total amount SI.I 11.70 will be distributed to Plaintiff from the mist account within 30 days from the deposit into the trust account of thz first installment on the gross settlement amount. OC Plaintiff s total amount, $l,l 11.70 wdl be distributed to Plaintiff from the trust account within 30 days from the deposit into the mist account of the second installment on the ~~rn=s settlement amouut Of Plainti B's total amount C I .I 1 1.70will be distributed to Plaintiff t}om Ute trust account within 30 days from the deposit into the tmst account of the third installment on the gross settlement amount Of Plmnti R's total amount, $ 1, I 1 I.70 will be distributed to Plaimiff from the trust account within 30 days from the deposit into the tntst account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $1,111.70. will be distribued In Plaintiff Gom the trust account within 3D days from the deposit into the trust account of the fifth installment on the gross ~culcmav .um+unt f liner the icons o(I'la uuitls uuornz~~~s tee agreemem with Plainutt~s- Counsel. Plaintiff a oblicated to pay attorney's ~ ~i i~~ I ~~.1 ,u',d hugiiWm c~~.ts n~ ; ; n' P!:unu~~~; :Attunice-~ Irz., :wd ] iuE:wun t_ „sus .cell hr ,1nlu~tcd rn .t pro-: aia bo.u b~ I'lamuff s' Counsel tiom each of the payments made to the Plamtith. Apart t?om m~il:mg thz paymznu m Paragraph F, abovz, thz County ,hall hacz no obli_ation to Plaintitlro ensure drat the PlaimiFCs individual distrtbunon is made. L Plaintitl shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of 1'IaurtiFC. J. Plaintiffs zxecution of this Settlement Agreement and acceptance o1 the monetary compensation described herein shall constitute a full arid complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind wha[soevzr tier buck wagzs, unpaid straight time compensation, unpaid ovenimz compensation, tiny failure to comply witty compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 30 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys tees or costs, now or in the furore, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement .Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of anion which are released by this Settlement Agreement but which may in the [uture be asserted by Plaintiff; or by another individual or entity on Plaintiffs behalf. based upon am theory v( reatvcry_ uhetrer ut law or m cgwty, and whether made by way oCsubrogauon, conuact. ,usi~:nment. or otherui~e. L. This agreement is contingent upon 95° o of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall no[ be referred [o by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the considemtion transferred are [o compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presentty unknovm or that may be discovered m the tiuture. Nevertheless, Plaintiff acknowledges that the sums [o be paid inconsideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Cotmty to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as described in this Agreement. I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is no[ an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or furore, [hat Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any/kind or character not expressly set forth herein. C h-e~ C-%%~ 1-Z -CtSL - - - SIGN OF PLAINT DATE SOCIAL SECURITY NUMBER: PLAINTIFF' MAILING ADDRESS: :\PP OVED D. rR D 1 T :AfhORNEYFORPLa[ 1PF ATTOTTTCTNT ~~~il L- r` COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by ;md bet.vecn Dexter Chaves (hereinafter referred to as "Plaintiff') and the County of Hawaii, Hawaii. Those collectively referred 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 them. lltis Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNamai'i, Civil No. 02-00289 KSC. tiled in [he United States District Court for the District of Hawaii (referred to herein as the "Litigation")_ and represents the total compmmtse. ~ordrmcm. and release ,(all the claim. ensng Gom the Luiganon. Ll_ WHEREAS. Plauuiff has clauned that the County has wola[ed the Fair Labor Standards :Act (FLS~A) and Chapter 8U n( the Huwai~i Revised Statutes (colleaicely referred to as "the Statutes") in one or more of the following mannecst (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the enlculation of Plain[iY1's regular rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shift or post-shift periods of work; (3) by not complying with the compensatory time off provisions of the Statutes n,a they relate to the accntal and/or utilization of compensatory time off (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation: (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the tune spent m standby status: (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (1 l) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firths of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 [o fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration [o be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of fmal approval of this Agreement by the Court; the remaining four payments will be made annually on the successive artniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer. Meheula &Devens. LLP, located in 1-lonolulu, Hawaii, which will in tutu disburse the appropriate paymeuts to the Plaintiffs. Anomey's fees and litigation costs will be satisfied by Plaintiffs out oY the amounts received from the County. H. Plaintiff's share of the gross settlement amount is $9,312.49. Of Plaintiff s total amount, $1,206.08 will be distributed to Plaintit from [he wst account within 30 days from the deposit into the trust account of the fast installment on the Bross settlement amount Of Plaintiffs total amount. 51?06.08 will be distributed to Plaintiff from the trust account within 30 days from the depostt into the mist account of the second installmem on the ~>ross settlement amount Of Plaintiff's total amount, $1?06.O8wilt be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the third installmem on the gross settlement amount. Of Plaintiffs total amount 51,2116.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the taut account of the fourth installment on the ,ross settlement amount. The balance of the total due to Plaintiff, $1,206.08, will be distnbuted to Plauuift from the mist account witlun 30 days from the deposit into the trust account of the fifth installment on the gross ~etdemem .unoun[. l;nder [hc icrm..,f PlamulT; attorney's fee agreement with Plaintitt~' Counsel Plamnff is obligated to pay anomev~s .,i ~lI I ; end hueannn r.i., .d ~ I~~JSr Pl.unul(': .-AnorneyS fees :uul I_nig:mon Ca.~s ~nll hr deduucd on .i pro-raw have he Plam[itTS Counsel from each of the payments made to the Plaintiff. Apart from making the payments m Paragraph F, above, the County shall hace no obligation to PlainufT to ensure dtn[ tl[e PlamtitTs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plainnlt J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whn~socver for back wages. unpaid straight time compensation, unpaid overime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, [hat either were or could have been tiled under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from ariy and all claims, demands, or causes of action which are released by this Settlement Aereemen[ but which may in the future be asserted by Plaintiff. or by another individual or entity on Plaintiffs behalf. based upon tiny iheon of rca~~sc, whciher at laic or m cyuuv. and whether made b~ o:n ~,f suhm_anou. contract. a..,agnment_ or ,nhencuc L This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further lineation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that [he agreements contained herein and the consideration transferzed are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently~unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums [o be paid inconsideration of the Settlement Agreement are intended to and shall release and dischazge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on [he part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the trartsaction or occurrence described m this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. 'This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unimown, present or future, Iha[ Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of [he Cotmty to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: PLAINTIFF'S MAILING ADDRESS: - ~ APP ED E ~ , :\1TORNEY FOR IFF ITOR Y PO COl1NTY ~ ~ COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafer referred to as the "Settlement Agreement") is by and between Glenn Uehana (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and present, [heir transferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed m the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has 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 Stamtes") in one or more of the following manners: (1) by failing [o properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiffs regulaz rate of pay all such compensation as is required by Stamtes; (2) by no[ compensating Plaintiff for pre-shift and/or post-shift briefmg periods or other pre-shifr or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or smden[ at training sessions; (6) by not compensating Plaintiff for all time worked mwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles, 0) by not compensating Plaintiff for the time spent qualifying with Firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as `Thun[iffs' Counsel'? to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of datnages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, [he pazties agree as follows: F. The mtal aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satistied by Plaintiffs out of the amounts received from dte County. H. Plaintiff s shaze of the gross settlement amount is $11,471.22. Of Plaintiff s total amount, $1,485.66 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the first installment on the gross settlement amount Of Plaintiffs total amount. $1,485.66 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of dre second installment on the gross settlement amount Of Plaintiff s total amount, $1,485.66will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,485.66 wilt be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,485.66, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plauttiff s attorney's fee agreement with Plaintiffs' Counsel. Plaintiff is obligated to pay attorney's Ice, of X3.86-3_?S and lineation coos ,~I 51 ~`:5- Plamnffs Attomcv',. Fees and Lrtnlau~m Coats gill be deducted on a pro-rata basis by Plaunill e' ~oun.cl tram each of the pavmcnts made to the Plauuill.:Apan Isom makm the pa~~mrni.. m Paragraph I . ubo~e, the Cowu} shall have no obligation to Plaintiff to ensure that the Plaimiffs individual disrnbution is made. I. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and dischazge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight tune compensation, unpaid overtime compensation, any failure to comply with Gy ~G CAL J compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under dre Fair Labor Standards Act andior Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the futtue, whether asserted in this litigation or no[. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing [o the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released heroin and agrees to INDEMNIFY and DEFEND such person and entities Crom any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in [he Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by [he Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. I[ is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litiga[ioq and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. - O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that may be discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or catrses of action of any kind whatsoever arising out of or related to any pas[ failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hoots worked as described in this Agreement I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrertce described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknovm, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. ~ _~1-c-( i ~ 1 SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: i PLAINTIFF'S MAILING ADDRESS: APP OVE AN D: -ti ~ ' ~ ,mil % ~J, . A TTORNFl" FOR PLAW-TIFI ~"ITORNGY FOL2~COLN"TY COMPROMISE SETTLEMENT, RELEASE AND [NDENINITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Emory Springer (hereinafter referred to as "Plaintiff') and the County of Hawai i, Hawai i. Those collectively referred to herein as "the County" shall include [he County of Hawai i. Hawaii, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors in interest, and all others who at any Ivne have been in privity with [hem or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the clavns arising from the Luieation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards .4ct (FLSA) and Chapter 30 of the Hawaii Revised Stam[es (collectively referred [o as `Yhe Statutes") in one or more of the following manners (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Stamtes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by no[ complying with the compensatory time off provisions of the Stam[es as [hey relate [o the accrual and/or utilization oC compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status, (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (11) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented [o join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on accotmt of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law fimts of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as "Plaintiffs' Cotmsel'~ to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considemtion of the mutual promises and agreements herein contained, including the recitals set foRh hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive armiversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will in loin disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs our of the amounts received from the County. H. Plaintiff s share of the gross settlement amount is $5,975.32. Of Plaintiff s total amount, $773.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, $773.87 will be distributed to Plaintiff Gom the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount. Of Plaintiff s total amount, $773.87wi11 be distributed to PlainnfC from the tins[ account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount. $773.87 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tins[ account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff $773.87, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the [emrs of Plaintiffs attorney's fee agreement with Plaintiffs' Counsel. PlaunitT is obligated to pav at[omey's fees of 5~J)C 9 ~ and liueaunn c~~st. of $9 ,_0'_ Plmntill~s .~nomcv's Fccs and I itieatinn l ~~~:r will he deducted on prn-r.ua base<h~~ Plavwl f~' C~,uu,il 1~<nn ~~~ch dn: ~~.is ntcn L. mdd~ to the I'lauutl l..Apun Irom makwg the ~~a~ mrnt.. in i'ar.ipiaph ! . abin ~hc C ounn ,Ball h.i~ no obligation to Plainuff to ensure that dre Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible Cor the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff's execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that euher were or could have been Eled under the Fair Labor Standards Act and/or Chapter SO of the Hawai i Revised Statutes. This release includes al] such claims or causes of action for attomeys tees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees W and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees [o [NDEMNIF'Y and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event [hat the Court does not approve this agreement the [e[ms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of d»s Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred aze to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of Iiabrlity, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that aze presently unknown or that maybe discovered in the future. Nevertheless, Plaintiff acimowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. I[ supersedes any and all prior agreements, arrangements, or understandings between the parties on all subjects irr any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or future, that Plaintiff has or may have against [he person and entities released, arising out of or relating to any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiffs own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAIN7TFF DATE SOCIAL SECURITY NUMBER: _ PLAIN"fIFF'S MAILING ADDRESS: APP OV A ED: ~aITORNEY FUR PL INfIFF ~ALTORNEY F~COUNFY~ COMPROMISE SETTLEMENT, RELEASE .4ND INDEMNITY AGREEMENT A. Tlus Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Matthew Slayden (hereinafter referred to as "PlantifF') and the Counry of Hawai i, Hawai i. Those collectively refetred to herein as "the County" shall include the County of Hawai i, Hawai'i, 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 them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojHawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standazds Act (FLSA) and Chapter 30 of the Hawai' i Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as R required by Statutes, (2) by no[ compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shit 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 requving Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student a[ [raining sessions; (6) by not compensating Plaintiff for all tune worked inwork-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensatioq liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 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 [o fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Samtes; E. NOW, THEREFORE, for and m consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable m five separate installment payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of [he fast payment. G. The County will pay the settlement amounts [o a [rust account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawaii, which will m tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s share of the gross settlement arnoun[ is $1,500.00. Of Plaintiff s total amount, $194.27 will be distributed to Plain« ff from the trust account within 30 days from the deposit into the trust account of the fast installment on the gross settlement amount. Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the wst account of the second installment on the gross settlement amount. Of Plaintiff s total amount, S 194.27wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $194.27 will be distributed to Plaintiff from the tins[ account within 30 days from the deposit into the trust account of the fourth installment on the cross settlement amount. The balance of the [oral due to Plaintiff. $194.27, will be distributed to Plaimiff from the tins[ account within 30 days from the deposit into the trust account of the fifth installment nn the gross settlement amount Under the terms nl Plaiunffs anomey's fee agreement with Plamtiffs~ Counsel. Plaintiff is oblieuted to pay attomeds fees of ~4~1~ :I and hii~~unon cnq. of S' : 75 Pl:umi(l~s .Attnmec ;Pees and I_itiuatiun C~n<t< sill he deducted on a p« *ratu basin bs Plaunific~ l ~nurnvl Innn carte ~~f th~~ pay mein. inu,lc is thr Plaintiff. elpan lane makm~ the pas menP m I'wuergih I . uh~~~c ~hc l ouun .hall h.ne no obhgauon to Plamtilf to ensure that the Plaintiff's individual distribution is made. 1. Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. 1. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees [hat the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees [o and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs m the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of [his agreement by the Court. In the event that the Court does no[ approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze wntractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and [hat no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or understandings betwcen the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary ro or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is no[ subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compe»sation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. it, PVC`-~ l-)_L~~ SIGNATURE OF PLAINTIFF ' DATE SOCIAL SECURITY NUMBER: , PLAINT"IFF'S MAILING ADDRESS: _ i APP VE G - AfIORNLYFORP :'IIPI ~TTORNEYF~COUNT~~ COMPROMISE SETTLEMENT, RELEASE AND INDE;vINITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Bur[ Shimabukuro (hereinafter refened to as "Plaintiff') and the County of Hawai i, Hawaii. Those collectively referred to herein as "the County" shall include the County of liawai'i, Hawaii, its elected officials, employees, agents. and servants, past and present, their transferees, assigns, successors m interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer e County ojliawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from dte Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Ac[ (FLSA) and Chapter 80 of the Hawai' i Revised Statutes (collectively refened to as "the Statutes") in one or more of the following manners: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff s regular rate of pay all such compensation as is required by Statutes, (2) by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-ship 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by no[ compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleanine and maintaining County-issued vehicles; (10) by not compensating. Plaintiff for the time spent qualifying with fir_ earms; and 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recovrr unpaid overtime compensation, hquidated damages and attorneys fees on accotmt of the alleged failure or refusal of [he County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Dewens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Cotrtrsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time offprovision of the Statutes; E. NOW, THEREFORE, for and m consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, [he parties agn;e as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1, 326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on [he successive anniversaries of the fast payment. G. The County will pay the settlement amounts to a trust account to beset up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in rum disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from dte County. H. Plaintiff's share of the gross settlement amount is $6,735.80. Of Plaintiff s total amount $872.37 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiff s total amount, 587237 will be distributed to Plaintiff from the tnast account within 30 days from the deposit into the trust account of the second installment on the __ross settlement amount Of Plaintiff s total amount, 587237wi11 be distributed to Plaintiff from the wst account widrin 30 days from the deposit into the trust account of the thud installment on the gross settlement amount Of Plaintiff s total amount, $872.37 will be distnbuted n, Plaintiff from the trust account within 30 days from the deposit into the trust account of the fourth installment on the gross settlement amount "The balance of the total due to Plaintiff, $872.37, will be distnbuted to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the Dross settlement amount Under the terms ul Plaumff: uvomev~~ ice aerccment with Plaimiffs' Cnuneel. Plaintiff is obliumed to pay attomcv's fees of ~'~t,~~1'. .md line.w~,n c,~.is ~,f Cln-1 et. I'lainiill~. Vnmm'~Fee,a and l_iiit~utinn(P<Ifi ~~ill be de,I~.iaeJ .m .i prn-rtl?batii. by I'I,uuuii. ~ .ai mrl Ir.,ni r.irb ~ ~I ~.h~ ;,.n:nriii. ni.i~i~ i„ the I'Lunu(I. :Apan Ih>m ma6niv the pa~na°e~~ w I'.u ~r_~uph I-_ ah„~c_ thi t ,nuu~ shall ha~c no obhesoon ro I'lumul( t,~ enure that the Plaintiffs individual distribution. is made I. Plaintiff shall be solely respurtsible for the payment of :ury income or other taxes on the amounts paid to or on behalf of Plaintiff. 1 Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unknown, now esis[ing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the future, whether asserted in this litigation or not Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K By agreeing to the [enns of this Settlement Agreement and accepting dre payment of monies pursuant to this Settlement Agrcement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which aze released by [his Settlement Agreement but which may in the furore be asserted by Plaintiff, or by another individual or entity on Plaintiff's behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon final approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party m the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement aze contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently utrknown or that may be discovered in Ure future. Nevertheless, Plaintiff acknowledges that the sums to be paid m consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or reht[ed to any past failure or refusal on the part of the County [o properly calculate and pay overtime compensation to PLtin[iff for all overtime bouts worked as described in this Agreement. I[ if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Setflement Agreement contains the entire agreement between the parties. It supersedes any and all prior agrcements, arrangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence descnbed in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to or consistent with the temts of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unla[own, present or furore, [hat Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrattts that Plaintiff is of legal age and legally competent [o execute [his agreement and that Plaintiff does so of PlaintifFs own free will and accord without reliance on any representation of any d or chara not expressly set forth herein. i L C/~i[_'F-- U - `ill GNAT[JRE OF PL F DATE i SOCIAL SECURITY ER: PLAINTIFF'S MAILING ADDRESS: APP V A D: / A I~I-ORNEY FUR ~ 1NTLFF ~A I~~I-OItNEY FCTR COUN Ih" COMPROMISE SETTLEMENT, RELEASE AND INDEMNTTY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinaller referred to as the "Settlement Agreement") is by and between Richard Miyamoto (hereinafter referred to as "Plaintiff') and the County of Hawaii. Hawaii. Those collectively referred to herein as "[he Counry" shall include the Counry 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 pmiry with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County ojNu[vai'i. Civil No. 02-00239 KSC, filed in the United States District Court for the District of Hawaii (reterzed to herein as the "Litigation'"), and represents the total compromise, settlement and release oCal] the claims ansmg Irom the Liigation. B. WHEIi1SAS. I'lainnff has claimed [hat the Counry has vmlated the Fair Labor Standards .act (FLS:A) and Chapter 30 of the Hawaii Revised Statutes (collectively referzed to as "the Statutes") in one or more of the following matmers: (1) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaimiff s regular rate of pay all such compensation as is required by Stamtes; (2) by no[ compensating Plaintiff for pre-shifr 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 Stamtes as they relate to the accrual and/or utilization of compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recova;r unpaid overtime compensation, liquidated damages and attomeys fees on account of the alleged failwe or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred [o collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the futwe arising out of or related to any past failwe or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Stamtes; E. NOW, "THEREFORE, for and in considem[ion of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agra;e as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,:326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay [he settlement amounts to a tmst account to be se[ up and managed by Plaintiffs' co-cotmsel fitm of Winer, Meheula & Devens, LLP, located in Honolulu, Hawai i, which will in tam disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $12,220.01. Of Plaintiff's total amount, $1,582.64 will be distributed to Plaintiff from the wst account within 30 days from the deposit into the Imst account o f [he first installment on the gross settlement amount Of Plaintiff s total amount, $1,582.64 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the second installment on the gross settlement amount Of Plaintiff s total amount. $1.582.64will be distributed to Plaintiff from the tmst account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $1,582.64 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $1,582.64, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust accoum of the fifth installment on the gross settlement amount Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel. Plaintiff is obligated [o pay attomeys fees of $4, l I t,.60 and litigation costs of S 19023. PlamtiFf's Attorney's Fees and Liheauon Coos pill be deducted on a pro-rata basis by Plaimikls' Counsel from each of the payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the Counry shall have no obligation to Plaintiff to ensure that the Plaintiffs individual dis'ttibution is made. L Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time oth provisions, liquidated damages, interest, costs, attorneys fees, injunctive or declaratory relief whtch Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney s fees or cosec. now or in the fumre, whether asserted in this litigation or not. Plaintiff agrees that the Counry has established the Section 207(k) partial ovettvne exemption under the FLSA. K. By agreeing to the teems of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEbINIFY and DEFEI~ID such person and enunes from any and all claims, demands. or causes of action which are released by this Smlenten[ .-Aerecment but which ntav in the tiuurr he asserted by Plaintiff, or by another individual or entin~ on Plainiitrs behalf based upon am iheur. o~ rcai~cn_ ~~he:hcr ai l.tu or in ~yuin. and ~~hethcr :trade b~ ~~a~ wbrt>gawm. nunrie t_ ,t,oignmcni. w ~nherni,r L This agreemem is comingem upon 9~" of the Plaintit~ts in the Liuganon consenting to the settlement and executing appropriate settlement releases. M. This agreement is connngen[ upon final approval of this agreement by [he Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of [his matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and [hat the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolutioq and that no payments made nor releases or other consideration given shall be conswed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees that Plaintiff may have suffered damages that are presently unknown or that may be discovered m the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any pas[ failure or refusal on the part of the Counry to properly calculate and pay overtime compensation to Plaintiff for all overtime bouts worked as described in this Agreement. I[ if further understood and agreed that the County deities any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between [he parties. IC supersedes any and all prior agreements, atrangemen[s, or tmderstandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of this Settlement Agreement exist. llris Settlement Agreement is not subject to any modification, waiver, or addition Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlmown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past faihue or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff's own &ee will and accord without reliance on any representation of any kind or character not expressly set forth herein. SIGNATURE OF PLAINTIFF DATE SOCIAL SECURITY MIMBFR: ' PLAINfiFF'S MAILING ADDRESS: APP 'E N D L ~ L, A I- RNlil' F _AWIII~F ~\T'I~ORNEl' ~O C~U~ T COMPROMISE SETTLEMENT, RELEASE .~YD INDEMNITY AGREEMENT A. This Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Louie Ondo (hereinafter referred to as "Plaintiff') and the County of Hawaii. Hawaii. Those collectively referred to herein as "the County" shall include the County of Hawaii, Hawai i, its elected officials, employees, agents, and servants, past and present their vansferees, assigns, successors in interest, and all others who at any time have been in privity with them or any of them. This Settlement Agreement arises from a settlement reached in the lawsuit of Springer r. Counre q% Hcnvui'i. Civil No. 02-00289 KSC, filed in the United States Distract Court for the Distract of Hawaii (referred [o herein as the "Litigation"), and represents [hc [oral compromise. .culcmcnt_ anJ « Ic:nc ~~f ;ill the aainr, .r ~.,m_~ ~i,nn ;hv I nc~an,m t3. R'IIEREAS. Pluinulf bus damicd that the Cuuni~ bras violated the Pau Labor Standards :Act (I'ISr\) and ~ haptcr RU of the Hawaii Revised S[amtes (collectively rc faired ut as "[he Statutes") in one or more of the following manners: (I) by fading to properly compensate Plaintiff for overtime worked by reasoo of its failure to include in the calculation of Plam[itTs regular rate of pay all such compensation as is required by Statutes by not compensating Plaintiff for pre-shift and/or post-shift brietutg periods or other pre-shift or post-shift periods of work (3) by not crtmplving with the compensatory time off provisions of the Statutes as they relate to the accrual andlor utilization of compensatory torte off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plainnff Cor all time worked in work-related travel: (7) by no[ compensating Plaintiff for the time spent in standby stains: (8) by not compensating Plaintiff for missed and/or utterrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles (]0) by not compensating Plaintiff for die time spent qualifying with firearms; and (I 1) by not otherwise compensating Plaintiff for hours worked on the County's behalf C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalfof the County, and has retained the law firms of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, 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 which Plaintiff has or may have in the future arising out of or related to any pas[ faihve or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hours worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amotmt for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the fast payment. G. The County will pay the settlement amounts [o a trust account [o be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula 3: Devens, LLP, located in Honolulu. Hawaii, which will in turn disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiff s shaze of the gross settlement amount is $3,334.06. Of Plaintiff s total amount, $43 L80 will be distributed to Plaintiff from the test account within 30 days from the deposit into the trust account of the first installment on die gross settlement amount Of Plaintiffs total amount, $431.80 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount. Of Plaintiff s total amount 5431.80will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of Plaintiff s total amount, $431.80 will be distributed to Plaintiff from the aatst account within 30 days from the deposit into the wst account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, 5431.80, will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount. Under the terms of Plaintiti's anomev's fee ugn:ement with Plaintit7~s' Counseh Plaintiff is obligated to pay attorney', fees of ti 1.123. Iri ;md Iniganon costs of S~ 100. Plaintiff. sV Utme~-s C~ces and Litigation Ciis[s will he deducted on a pro-rata basis b_v Plamuf&' Counsel tiom each of the payments made to the Plaimiff. Apart from making the pavmen[s in Paragraph F, above, the County droll have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made- L Plaintiff shall be solely responsible for the payment of any income or other lases on the amounts paid to or on behalf of Plaintiff J. Plaintiffs execution of this Settlement Agreement and acceptance of [he monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of anv kind whatsoever for back wages, unpaid svaight time compensation, unpaid overtime compensation, any failure to comply with compensatory time ott'provisions_ liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plainnff has or might have, known or wtknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawaii Revised Stamtes_ This release includes all such claims or causes of action for attomeys fees or cosh, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established Ote Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant to this Settlement Agreement, Plaintiff agrees to and dues hereby SAVE and HOLD HARMLESS [he persons and entities released herein and agrees to INDENINIFY and DEFEND such person and entities from an_v and all claims, demands, or causes of action which are released by this Scnlcmcnt -Aercemen[ hw ~chich may in [hr finurc be asscaed hs Plaintiff or by another individual or rmirv on Plaintil7~a bchall_ 6ascd ,~.~,.~u m~ .'uu°r .,i ,t~~cr.. ~~iirihei ;i, l.n~ .,i m:yuu~..in,1 .~hahcr nwJc ha ~i a~ o("inn~ed uon_ ~nn~r.i~"•. n.~pnnirni_,,r ~ihc~~nr L Iles agreement is contingent upon 9~'s, of [he Plainnffs in die Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreemem is contingent upon final approval of this agreement by the Court. [n the even[ that the Court does not approve ihis agreement. the teens and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the a~reemen[s contained herein and the consideration transferred are [o compromise doubtful and disputed claims, avoid litigatioq and obtain a peaceful resolution and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied_ - O. Plaintiff understands and agrees that Plauttiff may have suffered damages that are presentlyunknown orthat may be discovered in the future. Nevertheless, Plauttiff acknowledges that the sums to be paid m consideration of the Settlement Agreement are intended to and shall release and discharge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the Counry to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked as described in [his Agreement. It if further understood and agreed that the Counry denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid furore costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, artangements, or understandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary [o or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unknown, present or furore, that Plaintiff has or may have against the person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff wartants that Plaintiff is of legal age and legally competent to execute this agreemem and tl!tat Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. r% SIGNATURE OF PLAINTIFF DATE SOCIAL SF.CURIIY NUMBER: ' PLAINTI 'S MAILING ADDRL-SS: - :\PPI OVED ~ 7 .-A-I`hORhLY FO _ TIFF - ~7"CORNLY FOIYCOUNIY COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement. Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between John Pagay (hereinafter referred to as "Plaintiff') and the County of Hawaii. Hawaii. Those collectively referred to herein as "the Counry" shall include the Counry of Hawai i, Hawai i, its elected officials, employees, agents, and servants, past and present, their transferees, assigns, successors minterest- and all others who at any time have been in privity with them or any of them. This Settlemem Agreement arises from a settlement reached in the lawsuit of Springer v. Coeorty oJHmvui'i. Civil No. 02-00289 KSC, filed in the United States District Court for dte District of Hawui'i (referred to herein as the "Litigation"), and represents the total compromise, ~enleinent, and release of all [he clamts unsmg From the Liugnuon- l3. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (1 LSA) 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 Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such compensation as is required by Statutes; by not compensating Plaintiff for pre-shift and/or post-shift briefing periods or other pre-shift or post-shift periods of work; (3) by not complying tvidt the compensatory time off provisions of the Statutes as they relate to the accrual and/or utilization of compensatory time oth; (4) by requiring Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an inswctor or student at training sessions; (6) by not compensating Plaintiff for all «me worked in work-related travel; (7) by not compensating Plaintiff for the time spent in standby smms: (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the time spent cleaning and maintaining Counry-issued vehicles, (10) by not compensating Plaintiff for the time spent qualifying with fuearnts; and (1 I) by not otherwise compensating Plaintiff for hours worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County to properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "Plaintiffs' Counsel") to prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of 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 fully and completely compensate Plain«ff for all overtime hours worked and to comply with [he compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in considera«on of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five sepazate installment payments of $265,384.61. The fvst payment will be payable within 30 days of fittal approval of this Agreement by the Court the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a trust account to be set up and managed by Plaintiffs' co-counsel firrrt of Winer. Meheula & Devens, LLP, located in Honolulu. Hawaii, which will in mm disburse the appropriate payments to dte Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the Counry. H. Plaintiffs share of the gross settlement amount is 52,079.60. Of Plaintiff s total amount, $269.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust accoum of the first installment on the gross settlement amount Of Plaintit's total amount, $269.33 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust accoum of the second installment on the gross settlement amount. Of Plaintiff s total amount. 5269.33will be distributed to Plaintiff from the trust account within 30 days from the deposit into the wst account of [he third installment on the gross settlement amount Of Plaintiff s total amount, $269.33 will be distributed to Plaintiff from the mtst account within 30 days from the deposit into the trust account of the fourth installment on the gross Settlemem amount. The balance of the total due to Plaintiff $269.33, will be distributed to Plaintiff-from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross Settlemem :unount. Under [he terms of Plainuffs anomev's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of ~,nn. fit, ,md hn ~auun cost, of `~3___ Plaintitfs Atutmcy Fees and Litigation Costs will be deduaod on a pm-ram oasts by Plaintiffs' Counsel from each of du payments made to the Plaintiff. Apart from making the payments in Paragraph F, above, the County shall have no obligation to Plaintiff to ensure that the Plaintiff s individual distribution is made. I. Plaintiff shall be solely responsible for the payment oC any income or other taxes on the amounts paid to or on behalf of Plaintiff J. Plaintiff's execution of [his Settlement Agreement and acceptance oC the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid svaight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attorneys fees, injunedve or declaratory relief which Plaintiff has or might have, known or unknown, now existing, that either were or could have been filed under the Fair Labor Standards Act and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attorney's fees or costs, now or in the furore, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the terms of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement. Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all claims, demands, or causes of action which are released by this Settlement Aereement but which may in tha future he asserted by Plaintiff. or by another individual or entity on PlaintitTs behalf. based upon auy theory o~ rrcovcn. whether at law or in eyuno. and w'hethcr made by way of subrogation, contract, assignmen[_ nr otherwise. L This agreement is contingent upon 95'% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court. In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are conttacmal and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be construed as an admission of liability, all liability being expressly denied. O. Plainnff understands and agrees that Plaintiff may have suffered damages that are presently urilcnown or that may be discovered m the tumre. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement are intended [o and shall release and discharge any and all FLSA, Chapter 8Q or other claims, demands, or causes of action of any kind whatsoever arising out of or related to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation [o Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County detues any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between [he parties. It supersedes any and all prior agreements, arrartgements, or understandings between [he parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement. No oral understandings, statements, promises, or inducements contrary to or consistent with the terms of [his Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes in this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it [o be a compromise and settlement and release of all claims, known or ttnknown, present or future, that Plaintiff has or may have against the person and entities released, arising out of or relating to any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent [o execute this agreement and that Plaintiff does so of Plaintiff's own free will and accord without reliance on any representation of any kind or ter not expressly set forth herein. ~ tip/ _ i ~ ~ ,.7.~ p SS G~OF PLAINTIFF DATE SOCIAL SECURITY NUMBER: _ ~ l r~ PLAINTIFF' MAILING :1DDRESS: 4PPR VED :1 CffO NEl" FOR P , 1NlIFf AI"I'ORNEY F OUNT COMPROMISE SETTLEMENT, RELEASE AND INDEMNITY AGREEMENT A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is by and between Terrance Johnasen (hereinafter referred to as'T'laintiff') and the County of Hawaii, Hawaii. Those collectively referred [o herein as "the Count}' 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 them This Settlement Agreement arises from a settlement reached in the lawsuit of Springer v. County of Nawai'i, Civil No. 02-00289 KSC, filed in the United States District Court for the District of Hawaii (referred to herein as the "Litigation"), and represents the total compromise, settlement, and release of all the claims arising from the Litigation. B. WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (FLSA) and Chapter 80 of the Hawaii Revised Stamtes (collectively referred to as "the Statutes") in one or more of the following manners: {I) by failing to properly compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regulaz rate of pay all such compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shift briefmg 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 Plaintiff to participate in mandatory medical evaluations or examinations without the payment of compensation; (5) by no[ compensating Plaintiff for all hours worked as an instructor or student at training sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff forthe time spent m standby status; (8) by not compensating Plaintiff for missed and/or interrupted meal periods; (9) by not compensating Plaintiff for the time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with fuearms; and (1 l) by not otherwise compensating Plaintiff for hoots worked on the County's behalf; C. WHEREAS, Plaintiff has consented to join the Litigation seeking to recover unpaid overtime compensation, liquidated damages and attorneys fees on account of the alleged failure or refusal of the County [o properly compensate Plaintiff for all time worked for or on behalf of the County, and has retained the law firms of Winer, Meheula & Devens, LLP and Aitchison & Vick (referred to collectively as "PLtin[iffs' Counsel") [o prosecute the litigation; and, D. WHEREAS, bona fide disputes and controversies exist between the parties, both as to liability and the amount of damages, if any, and by reason of such disputes and controversies the parties hereto desire [o compromise and settle all claims and causes of action of any kind which Plaintiff has or may have in the future arising out of of related to any past failure or refusal on the part of the County to fully and completely compensate Plaintiff for all overtime hoots worked and to comply with the compensatory time off provision of the Statutes; E. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, including the recitals set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows: F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate instalimen[ payments of $265,384.61. The fast payment will be payable within 30 days of final approval of this Agreement by the Court; the remaining four payments will be made annually on the successive anniversaries of the first payment. G. The County will pay the settlement amounts to a tmst account to be set up and managed by Plaintiffs' co-counsel firm of Winer, Meheula & Devens, LLP, located m Honolulu, Hawaii, which will in tom disburse the appropriate payments to the Plaintiffs. Attorney's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. H. Plaintiffs shaze of the gross settlement amount is $4,536.23. Of Plaintiffs total amount, $587.49 will be distributed to Plaintiff from the oust account within 30 days from the deposit into the trust account of the first installment on the gross settlement amount. Of Plaintiffs total amount, $587.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the tmst account of the second installment on the gross settlement amount Of Plaintiff s total amount, $587.49wi11 be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount. Of Plaintiff s total amount, $587.49 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the Ims[ account of the fourth installment on the gross settlement amount. The balance of the total due to Plaintiff, $587.49, will be distributed to Plaintiff from the trnst account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement amount Under the terms of Plaintiff s attorney's fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attorney's fees of 51,528.14 and litigation costs of 570.62. Plaintiffs Attorney's Fees and Litigation Costs will be deducted nn a pro-rata basis by Plaintiffs' ('ounxul ~~om rich of the pacmenis made to the Plaintiff :Apart I}om making the pupmen is m I'araguy~h 1 . abos'c, the County shall have no obligation to Plaintiff to ensure that the Plaintiffs individual distribution is made. L Plaintiff shall be solely responsible for the payment of any incomebr other taxes on the amounts paid to or on behalf of Plaintiff. J. Plaintiff s execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall constitute a full and complete release, acquittal and discharge of the County from any and all claims, demands, or causes of action of any kind whatsoever for back wages, unpaid straight time compensation, unpaid overtime compensation, any failure to comply with compensatory time off provisions, liquidated damages, interest, costs, attomeys fees, injunctive or declaratory relief which Plaintiff has or might have, known or unlmown, now existing, that either were or could have been filed under the Fau Labor Standards Ac[ and/or Chapter 80 of the Hawai i Revised Statutes. This release includes all such claims or causes of action for attomeys fees or costs, now or in the future, whether asserted in this litigation or not. Plaintiff agrees that the County has established the Section 207(k) partial overtime exemption under the FLSA. K. By agreeing to the temrs of this Settlement Agreement and accepting the payment of monies pursuant [o this Settlement Agreement, Plaintiff agrees to and does hereby SAVE and HOLD HARMLESS the persons and entities released herein and agrees to INDEMNIFY and DEFEND such person and entities from any and all chtims, demands, or causes of action which are released by this Settlement Agreement but which may in [he future be asserted by Plaintiff, or by another individual or entity on Plaintiff s behalf, based upon any theory of recovery, whether at law or in equity, and whether made by way of subrogation, contract, assignment, or otherwise. L. This agreement is contingent upon 95% of the Plaintiffs in the Litigation consenting to the settlement and executing appropriate settlement releases. M. This agreement is contingent upon fmal approval of this agreement by the Court In the event that the Court does not approve this agreement, the terms and conditions of this agreement shall not be referred to by either party in the further litigation of this matter. N. It is expressly understood and agreed that the terms of this Agreement are contractual and not merely recitals and that the agreements contained herein and the consideration transferred are to compromise doubtful and disputed claims, avoid litigation, and obtain a peaceful resolution, and that no payments made nor releases or other consideration given shall be constmed as an admission of liability, all liability being expressly denied. O. Plaintiff understands and agrees [hat Plaintiff may have suffered damages that are presently unlmown or that maybe discovered in the future. Nevertheless, Plaintiff acknowledges that the sums to be paid in consideration of the Settlement Agreement aze intended to and shall release and discharge any and all FLSA, Chapter 80, or other claims, demands, or causes of action of any kind .whatsoever arising out of or related to any past failure or refusal on the part of the County [o properly.calculate and pay overtime compensation to Plaintiff for all overtime hours worked as described in this Agreement. It if further understood and agreed that the County denies any and all liability and that this Settlement Agreement, is not an admission of liability, but an agreement to avoid future costly litigation. P. This Settlement Agreement contains the entire agreement between the parties. It supersedes any and all prior agreements, arrangements, or tmdetstandings between the parties on all subjects in any way related to the transaction or occurrence described in this Settlement Agreement No oral understandings, statements, promises, or inducements contrary to.or consistent with the terms of this Settlement Agreement exist. This Settlement Agreement is not subject to any modification, waiver, or addition. Any changes m this agreement may only be by means of a writing signed by all parties. Q. The undersigned Plaintiff warrants that Plaintiff has read this Settlement Agreement and fully understands it to be a compromise and settlement and release of all claims, known or unlrnown, present or future, that Plaintiff has or may have against [he person and entities released, arising out of or relating [o any past failure or refusal on the part of the County to properly calculate and pay overtime compensation to Plaintiff for all overtime hours worked. The undersigned Plaintiff warrants that Plaintiff is of legal age and legally competent to execute this agreement and that Plaintiff does so of Plaintiff s own free will and accord without reliance on any representation of any kind or character not expressly set forth herein. !'t- 4~ oy-23-a~ SIGNATURE O PLAINTIFF DATE SOCIAL SECURITY NUMBER: ` PLAIN"T'IFF'S MAILING ADDRESS: _ _ _ o° N APP O ~ ~ C_ //sir L_J .~TTORNGI' FOR . 'IIFI ~RNEY F _OUNT '