DocuSign Envelope ID: C5921080-3A39-4993-BC21-1CDD256A326F

SETTLEMENT AGREEMENT AND GENERAL RELEASE

THIS Settlement Agreement and General Release (hereinafter “Agreement”)

is made and entered into by CAROLYN HOUSE STEWART (hereinafter referred

to as “CLAIMANT”) and Hillsborough Transit Authority d/b/a HART (hereinafter

referred to as “HART”).

DEFINITIONS

A. As used in this Agreement, the term “CLAIMANT” shall mean

CAROLYN HOUSE STEWART, a married woman, as well as her heirs, executors,

administrators, personal representatives, successors and assigns, singular or plural,

wherever the context so admits or requires.

B. As used in this Agreement, the term “HART” shall mean Hillsborough

Transit Authority d/b/a HART as well as its past and present officials, commissioners,

chief executive officer, officers, directors, employees, boards, agents and attorneys,

in both their individual and official capacities, jointly or severally, singular or plural,

where ever the context so admits or requires.

C. As used in this Agreement, the term “INSURER” shall mean all

insurers and third-party administrators of HART, including but not limited to,

CHUBB, as well as its respective agents, officers, officials, employees,

representatives, successors and assigns, jointly or severally, singular or plural, where

ever the context so admits or requires.

D. As used in this Agreement, the terms “PARTY” and “PARTIES” shall

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mean CLAIMANT, HART or INSURER whether in the singular or the plural.

RECITALS

Whereas CLAIMANT, a current employee of HART, contends that she was

subjected to unlawful discrimination and retaliation in violation of Title VII of the

Civil Rights Act of 1964, the Age Discrimination in Employment Act and the Florida

Civil Rights Act of 1992 and has filed a Charge of Discrimination which was dual

filed with the Equal Employment Opportunity Commission and the Florida

Commission on Human Relations and is currently pending before the Equal

Employment Opportunity Commission: Charge No.: 511-2021-01363 (hereinafter

“Claim”);

WHEREAS, HART has expressly denied and continues to expressly deny it

violated any of CLAIMANT’s rights protected by either federal or state law and

denies the claims and allegations which are set forth in the above-referenced Claim

and any other cause of action that has or could arise out of CLAIMANT’s

employment relationship with HART, but are desirous of entering into this

compromise and negotiated settlement of a disputed claim in order to avoid further

litigation and attendant costs; and

WHEREAS, CLAIMANT and HART have entered into good faith settlement

negotiations resulting in this Agreement. The purpose of this Agreement is to settle

and compromise any and all prior and existing disputes, claims and controversies

between the Parties, without any future costs and expenses of litigation and to bar

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any and all future disputes, claims and controversies between the Parties which may

arise out of any conflicts or events, known or unknown, that have occurred up to the

date of the execution of this Agreement, including but not limited to those which

relate directly or indirectly to CLAIMANT’s employment with HART; and

WHEREAS each Party believes settlement of this dispute is in their mutual

best interests and acknowledge and agree that settlement of this claim does not

constitute an admission of liability or responsibility on the part of either

CLAIMANT or HART; and

WHEREAS the Parties desire to memorialize their Agreement.

NOW THEREFORE, in consideration of the mutual covenants to be

performed by each of the Parties hereto and set forth in their entirety herein, the

Parties agree as follows:

1. Agreement

A. Release and Discharge

In consideration for the payments and other good and valuable consideration

set forth in Paragraph (2) below, CLAIMANT agrees, upon receipt of the

consideration due hereunder to release, acquit, and forever discharge HART and

INSURER of and from any and all manner of action and actions, cause and causes

of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,

specialties, covenants, contracts, controversies, agreements, promises, variances,

trespasses, damages, judgments, claims for attorney’s fees, interest, or costs,

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executions, claims and demands whatsoever, in law or in equity, of whatever nature,

which CLAIMANT ever had, now has, or which any personal representative,

successor, heir or assign of CLAIMANT, hereafter can, shall or may have against

HART and/or INSURER by reason of any matter, cause or thing, occurring prior to

the date of this Agreement, including but not limited to those claims or demands

which arise out of or are related to the allegations in the Charge of Discrimination

and/or CLAIMANT’s employment relationship with HART.

CLAIMANT acknowledges and agrees that this is a General Release of any

and all claims, including but not limited to claims or charges for wages, salary, back

pay, front pay and any and all employment benefits of any nature whatsoever; of

breach of employment agreement or contract; workers’ compensation; defamation,

including slander or libel; battery; assault; employment discrimination, including

age, race, sex, religion, or national origin discrimination; hostile work environment;

discrimination based upon actual or perceived disability or other protected

characteristics; retaliation; or the violation of any administrative, local, State or

Federal Constitution, statute, rule, regulation, ordinance or law.

CLAIMANT specifically waives, releases, acquits, and forever discharges

any claims, actions, right of action whatsoever she may have against HART and/or

INSURER, under the United States Constitution, the Florida Constitution, Title VII

of the Civil Rights Acts of 1964, the Civil Rights Act of 1991, 42 U.S.C. § 1983, §

1985, § 1988, the Age Discrimination in Employment Act (ADEA), the Florida

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Human Rights Act, the Florida Civil Rights Act of 1992 (§§ 760.01-760.11 and

509.092, Fla. Stat.), the Americans with Disabilities Act (42 U.S.C. § 12132 et. seq.),

the Family Medical Leave Act, the Fair Labor Standards Act, the Florida Whistle

Blower Act (§ 112.3187 et. seq. Fla. Statutes), the Florida Workers’ Compensation

Act, § 119.07, Fla. Stat., including attorney’s fees or costs, or any other state, federal

or administrative rule, statute, ordinance or law of any nature relating to

employment, including any and all Charges of Discrimination to be filed with the

Equal Employment Opportunity Commission and/or the Florida Commission on

Human Relations and/or any and all other applicable commissions or agencies that

receive and investigate charges of discrimination not specifically named herein.

B. CLAIMANT acknowledges and agrees that the Release and discharge

set forth above is a General Release of all claims. CLAIMANT expressly waives

and assumes the risk of any and all claims, in law or in equity, which exist as of this

date, but of which CLAIMANT does not know or suspect to exist, whether through

ignorance, oversight, error, negligence, or otherwise and, which, if known, would

materially affect CLAIMANT’s decision to enter into this Agreement. CLAIMANT

further agrees that she has agreed to accept payment of the sum specified herein as

a complete compromise of matters involving disputed issues of law and fact.

CLAIMANT assumes the risks that the facts or law may be other than she currently

believes or understands.

C. It is understood and agreed by the Parties that this settlement is a

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compromise of a litigated and/or disputed claim and neither this Agreement nor any

consideration to be paid hereunder shall be construed as an admission by HART or

INSURER of any unlawful, tortious or wrongful acts whatsoever towards

CLAIMANT, and HART and INSURER specifically disclaim any liability to

CLAIMANT or the propriety of any and all factual or legal averments made by

CLAIMANT in the above referenced “claim”. The Parties also agree that neither

this Agreement nor any consideration to be paid hereunder shall be construed as an

admission by CLAIMANT of any unlawful, tortious or wrongful acts during her

employment with HART.

D. CLAIMANT agrees that the terms, amount and fact of settlement and

any facts concerning her claims shall be kept confidential by her, as not otherwise

prohibited by law. CLAIMANT and HART agree that neither CLAIMANT nor

HART will actively seek out media attention or publicity regarding the terms, the

amount or conditions of this Agreement. CLAIMANT further agrees not to discuss

this matter with anyone including past, present or future employees of HART. If

contacted, CLAIMANT and HART agree simply to indicate that the matter has been

resolved.

E. It is specifically agreed and understood that the terms of this Agreement

are contingent upon CLAIMANT’s express promise to not apply for employment,

either as an employee, an independent contractor or through her affiliation with any

third party who contracts to provides legal or any other type of services to HART,

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and to not volunteer for any position with HART in the future, and that if she makes

or submits any such application it shall be treated as and shall constitute a nullity.

F. HART agrees to allow CLAIMANT to submit a letter of resignation

effective May 3, 2021 which will be placed in CLAIMANT’s personnel file.

G. HART also agrees to provide a neutral employment reference limited

to the CLAIMANT’s date of employment, position held and the amount of her

salary.

H. It is further specifically agreed and understood that the terms of this

Agreement are contingent upon CLAIMANT’s express agreement not to encourage,

solicit or assist any other persons including, but not limited to, any past, present or

future employees of HART in bringing or causing to bring any cause of action

against HART and that if she encourages, solicits or assists in any such action, then

CLAIMANT will reimburse HART and INSURER for all payments made pursuant

to this Agreement. All other terms and conditions of this Agreement will remain

intact.

Notwithstanding the above, if CLAIMANT is called as a witness and

compelled by law to testify, CLAIMANT agrees to notify HART that she has been

subpoenaed as a witness in any matter involving HART.

I. CLAIMANT agrees to submit a letter to the Equal Employment

Opportunity Commission dismissing Charge No. 511-2021-01363 and/or any other

Charges that she has pending concerning HART and advising that her claims have

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been resolved via a settlement with HART.

J. The Parties agree that neither CLAIMANT nor HART shall make any

oral or written statement about the other Party which is intended or reasonably likely

to disparage the other Party, or otherwise degrade the other Party’s reputation in the

business or legal community and the general community at large.

K. It is understood that if CLAIMANT is deemed eligible for benefits

under the Florida Retirement System (“FRS”), as determined by the FRS, nothing

herein will waive any rights CLAIMANT has to same.

2. Consideration

A. In consideration of the Agreement set forth above, HART agrees to pay

CLAIMANT the total sum of NINETY-NINE THOUSAND NINE HUNDRED

NINETY-NINE DOLLARS AND SEVENTY-FIVE CENTS ($99,999.75)

representing complete satisfaction of any and all claims which CLAIMANT may

have against HART or INSURER as well as complete satisfaction of any and all

attorneys’ fees and costs which are past due or currently due to WENZEL FENTON

CABASSA, P.A. and except as specified herein, each Party agrees to bear its own

attorney’s fees and costs incurred as a result of the subject claim.

B. Payment shall be due within twenty (20) days following the Parties’

execution of the Agreement and shall be sent to CLAIMANT’s attorney’s office.

Payment shall be made as follows:

i. The amount of THIRTY-TWO THOUSAND SIXTY-FOUR

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DOLLARS AND SEVENTY-TWO CENTS ($32,064.72) will be

processed through HART’s payroll. Accordingly, HART will take all

payroll deductions, withholdings, contributions or other deductions

from said payments; will make payment of appropriate payroll taxes,

and will report said income to the Internal Revenue Service as

reimbursement for wages or salary. All deductions, withholdings and

contributions will be made from said gross amount of $32,064.72 as

follows:

a. Deductions for FICA/Medicare in the amount of

$2,452.95; and

b. Income tax withholdings in the amount of $9,187.71.

The net amount after all deductions, withholdings and contributions

have been made is $20,424.06 and said net amount will be made

payable directly to CLAIMANT, representing complete satisfaction of

any and all claims for wages, salary, back pay or front pay which

CLAIMANT may have against HART or INSURER;

ii. The amount of FIVE THOUSAND FOUR HUNDRED

THIRTY-FIVE DOLLARS AND TWENTY-EIGHT CENTS

($5,435.28) for CLAIMANT’s accrued paid leave totaling 78 hours

will be processed through HART’s payroll. Accordingly, HART will

take all payroll deductions, withholdings, contributions or other

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deductions from said payments; will make payment of appropriate

payroll taxes, and will report said income to the Internal Revenue

Service as reimbursement for wages or salary. All deductions,

withholdings and contributions will be made from said gross amount of

$5,435.28 as follows:

a. Deductions for FICA/Medicare in the amount of $415.80;

b. Income tax withholdings in the amount of $693.23; and

c. FRS contributions in the amount of $163.06.

The net amount after all deductions, withholdings and contributions

have been made is $4,163.19 and said net amount will be made payable

directly to CLAIMANT, representing complete satisfaction of any and

all accrued leave time due to CLAIMANT;

iii. The amount of THIRTY-SEVEN THOUSAND FIVE

HUNDRED DOLLARS AND ZERO CENTS ($37,500.00) will be

made payable directly to CLAIMANT, representing complete

satisfaction of any and all claims for compensatory damages which

CLAIMANT may have against HART or INSURER; and

iv. The amount of TWENTY-FIVE THOUSAND FOUR

HUNDRED NINETY-NINE DOLLARS AND SEVENTY-FIVE

CENTS ($24,999.75) payable to WENZEL FENTON CABASSA, P.A.

representing complete satisfaction of any and all claims for attorney’s

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fees and costs associated with the above referenced claim.

C. Although PLAINTIFF has waived and released all claims she may have

against HART, the Parties acknowledge and agree that the payments set forth in

subsection (B) iii and iv above do not constitute wages or salary to CLAIMANT,

and accordingly neither HART nor INSURER will take payroll deductions,

withholdings, employee pension, contributions or other deductions from said

payments; will not make payment of appropriate payroll taxes, and will not report

said income to the Internal Revenue Service as reimbursement for wages or salary.

Instead, the Parties stipulate and agree that said amount represents reimbursement

for attorney’s fees and costs as well as other compensatory damages and the payment

of said amounts will be reported by INSURER to the Internal Revenue Service by

way of issuance of a 1099 to CLAIMANT and a 1099 to WENZEL FENTON

CABASSA, P.A. reflecting the above payments. Payments will be reported in Box

3 of the 1099-MISC forms.

It is further agreed and understood that future tax liabilities, if any, including

penalties and interest, which may be incurred by CLAIMANT in association with

the above-referenced payments will be the sole responsibility and liability of

CLAIMANT. Said tax liability shall not be a ground for avoiding or setting aside

this Agreement.

3. Severability

If any clause or provision of this Agreement is found to be void, invalid, or

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unenforceable, it shall be severed from the remaining provisions and clauses which

shall remain in full force and effect.

4. Governing Law

The Parties hereto agree that the law of the State of Florida shall govern this

Agreement and all respects in the event any action must be instituted for breach of

this Agreement, the Parties agree that the sole venue shall be Hillsborough County,

Florida.

5. Miscellaneous

A. CLAIMANT expressly agrees and acknowledges and warrants that she

has read carefully and fully understands all provisions of this Agreement and that

she is entering into this Agreement of her own free will and with the advice of her

attorneys. CLAIMANT represents that she is voluntarily entering into this

Agreement with the intent to be bound thereby and she has not been coerced or

induced by anyone to enter into this Agreement. CLAIMANT acknowledges that

she has read and fully understands the Agreement’s terms, conditions, meaning and

intent, including but not limited to the final binding effect of the General Release.

B. This Agreement constitutes the entire agreement between the Parties,

and no other promises or agreements shall be binding unless signed by all Parties.

All prior representations regarding the Agreement are hereby expressly disclaimed

by all Parties unless incorporated herein.

C. All Parties shall take such further action and shall execute and deliver

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such further documents as may be reasonably requested by the other Party in order

to carry out the provisions and purposes of this Agreement.

D. Time to Consider: CLAIMANT understands that she has twenty-one

(21) days within which to fully consider the terms and substance of this Agreement

before choosing to voluntarily execute it, unless he executes the “Mutual

Acknowledgement” form attached to this Agreement, thereby waiving his right to

the twenty-one (21) day period.

CLAIMANT understands that she may revoke this Agreement within seven

(7) days of signing it by communicating her revocation in writing and delivering it

by U.S. Mail or Facsimile to: CINDY A. TOWNSEND, ESQ., BELL & ROPER,

P.A., 2707 E. Jefferson Street, Orlando, Florida 32803; Facsimile: (407) 897-3332.

To be effective, the revocation must be received by 5:00 p.m. on the seventh calendar

day following the date of CLAIMANT’s execution of this Agreement.

CLAIMANT acknowledges that she has been advised to consult with an

attorney or any other person she chooses before entering this Agreement.

CLAIMANT recognizes that by signing this Agreement, and in consideration

of the promises and covenants contained herein, she is specifically releasing, among

other claims, any claims she has, had, or may have had under the Age Discrimination

in Employment Act, 29 U.S.C. § 621, et. seq. and the Older Workers Benefit

Protection Act of 1990.

E. The recitals are incorporated herein by reference.

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HILLSBOROUGH TRANSIT AUTHORITY d/b/a HART

By:____________________________
MARIELLA SMITH
Chair

5/3/2021
Date: _________________________

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May 3rd

3rd May