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COMPROMISE SETTLEMENT, RELEASE
<br /> AND INDEMNITY AGREEMENT
<br /> A. This Compromise Settlement, Release, and Indemnity Agreement (hereinafter referred to as the "Settlement Agreement") is
<br /> by and between Neil Shiroma (hereinafter referred to as "Plaintiff") and the County of Hawai i, Hawai i. Those collectively referred to
<br /> herein as "the Counry" shall include the Counry of Hawai i, Hawai'i, its elected officials, employees, agents, and servants, past and
<br /> 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
<br /> Settlement Agreement arises from a settlement reached in [he lawsuit of Springer v. Counry ojHawoi'i, Civil No. 02-00289 KSC, filed in
<br /> the United States District Court for the District of Hawai i (referred to herein as the "Litigation"), and represents the total compromise,
<br /> settlement and release of all the claims arising from the Litigation.
<br /> B- WHEREAS, Plaintiff has claimed that the County has violated the Fair Labor Standards Act (ELBA) and Chapter 80 of the
<br /> Hawaii Revised Statutes (collectively referred to as "the Statutes") in one or more of the following manners; (1) by failing to properly
<br /> compensate Plaintiff for overtime worked by reason of its failure to include in the calculation of Plaintiff's regular rate of pay all such
<br /> compensation as is required by Statutes; (2) by not compensating Plaintiff for pre-shift and/or post-shifr briefing periods or other pre-shift
<br /> 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
<br /> mtdrbr utilization o[ compensatory time off; (4) by requiring Plaintiff to participate in mandatory medical evaluations or axuninations
<br /> without the payment of compensation; (5) by not compensating Plaintiff for all hours worked as an instructor or student at training
<br /> sessions; (6) by not compensating Plaintiff for all time worked in work-related travel; (7) by not compensating Plaintiff for the tune spent
<br /> in standby status: (8) by not compensating Plaintiff for missed and/or interrupted meal periods, (9) by not compensating Plaintiff for the
<br /> time spent cleaning and maintaining County-issued vehicles; (10) by not compensating Plaintiff for the time spent qualifying with
<br /> fuearms; and (11) by no[ otherwise compensating Plaintiff for hours worked on the County's behalf;
<br /> C. WHEREAS, Plaintiff has consented to join the Litigation seeking [o recover tmpaid overtime compensation, liquidated
<br /> damaees and attomeys fees on account of the alleged failtue or refusal of the County to properly compensate Plaintiff for all time worked
<br /> for or on behalf of the County, and has retained the law futns of Winer, Meheula &Devens, LLP and Aitchison & Vick (referred to
<br /> collectively as "Plaintiffs' Cotmsel") to prosecute the litigation; and,
<br /> D. WHEREAS, bona fide disputes and controversies exist between [he parties, both as to liability and the amount of damages, if
<br /> any, and by reason of such disputes and controversies the parties hereto desire to compromise and settle all claims and causes of action of
<br /> 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
<br /> fully and completely compensate Plaintiff
<br /> for all overtime hotus worked and to comply with the compensatory time off provision of the
<br /> Statutes;
<br /> E. NOW, THEREFORE, for and inconsideration of the mutual promises and agreements herein contained, including the recitals
<br /> set forth hereinabove, and the monetary consideration to be exchanged, the parties agree as follows:
<br /> F. The total aggregate settlement amount for all Plaintiffs in this matter is $1,326,923.05, payable in five separate installment
<br /> payments of $265,384.61. The first payment will be payable within 30 days of final approval of this Agreement by the Court; the
<br /> remavting four payments will be made annually on [he successive anniversaries of [he first payment.
<br /> G. The County will pay the settlement amounts [o a trust account to be setup and managed by Plaintiffs' co-counsel fain of
<br /> Winer, Meheula 3r. Devens, LLP, located in Honolulu, Hawaii, which will in fain disburse the appropriate payments to the Plaintiffs.
<br /> Attomey's fees and litigation costs will be satisfied by Plaintiffs out of the amounts received from the County. -
<br /> H. Piaintif's share of the gross settlement amount is $1,591.24. Of Plairtiffs total amour.[, $06.03 will be distributed to
<br /> Plaintiff from the trust account within 30 days from the deposit into the trust account of the first installment on the gross settlement
<br /> 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
<br /> trust account of the second installment on the ,toss settlement amount. Of Plaintiffs total amount, $206.08will be distributed to Plaintiff
<br /> from the trust account within 30 days from the deposit into the trust account of the third installment on the gross settlement amount Of
<br /> Plaintiff s total amount, $206.08 will be distributed to Plaintiff from the trust account within 30 days from the deposit into the trust
<br /> account of the fourth installment on the gross settlement amount The balance of the total due to Plaintiff, $206.08, will be distributed to
<br /> Plaintiff from the trust account within 30 days from the deposit into the trust account of the fifth installment on the gross settlement
<br /> amount. Under the terms of Plaintiffs attomeys fee agreement with Plaintiffs' Counsel, Plaintiff is obligated to pay attomeys fees of
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<br /> $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'
<br /> Counsel from each of the payments made to the Plaimiff. Apart from making the payments m Paragraph F, above, the Counry shall have
<br /> no obligation to Plaznti[f to ensure thin die Plain[itl's individual distribution is made.
<br /> C Plaintiff shall be solely responsible for the payment of any income or other taxes on the amounts paid to or on behalf of
<br /> Plaintiff.
<br /> J. Plaintiffs execution of this Settlement Agreement and acceptance of the monetary compensation described herein shall
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<br /> constitute a full and complete release, acquittal and discharge of the Counry from any and all claims, demands, or causes of action of any
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<br /> kind whatsoever for back wages, unpaid straight [vne compensation, unpaid overtime compensation, any failure to comply with
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