HomeMy WebLinkAbout000770 Original Contract05/13/2014 13:35 5205755041 OFFICENM PAGE 01/04
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This Settlement and Waiver (Agreement) is made and entered into this 13 , day of
May., 2014, by and between the City of Port Angeles (city), a municipal corporation of the
State of Washington, and JAMES KLARR, a regular employee of the City (Employee).
City and Employee are collectively referred to as "Parties" in this A,,p-ccment.
In consideration of the mutual benefits derived through the germs and conditions set
forth below, Employee and the City recite, covenant, and agree as follows:
J., No Admission Of Liability. It is understood and agreed that thiii Agreement
is the compromise of a disputed claim and that the payment made is not to
be construed as an admission of liability on the pant of the parties hereby
released, and that said parties deny liability thereof and intend merely to
avoid litigation and buy their peace,
2. This Agreement is intended to be a full and complete settlement of all
claims and issues that exist or could be asserted at this time by rind between
the Parties to this Agreement. This Agreement contains the entire
understanding between the parties and supersedes any prior unclerstandings
and agreements between the parties with respect to the subject matter
hereof There are no other representations, agreements, arrargements or
understandings, verbal, or written, between and among the parties relating to
the subject matter of this, Agreement,
3, Settlement Payment. In consideration for this agreement, the City Shall pay
settlement funds in the amount of $7,379.79, which amount is equivalent to
the Employee's salary for nineteen days minus deductions for PE RS, FICA,
federal taxes, and social security for nineteen days. The amount will be
paid eight (8) days after the execution of this Agreement in tho form of a
check made payable to "Davics Pearson In Trust for Jim Klarr.".
4. Resignation By Employee, Employee agrees he will submit his resignation
of employment with the City of Port Angeles eight (S) days after the
execution of this Agreement to become retroactively effective on the date of
this Agreement.
5. Any inquiry regarding Employee's employment with the City, in -luding but
not limited to requests for references, information about Employee's job
Performance, or. Employee's character, will be dfi'ected to the City's Human
Resources Department, The City's Hannan Resources Department will
respond to any inquiries with the following information:
* The fact that Employee worked for the (city;
-1,-Settlement. — Klarr
05/13/2014 13:35 5205755041 OFFICEMAX PAGE 02/04
• Employee's dates of employment;
• Employee's job title and salary;
• The fact of and effective date of Employee's resi.,�nation,; and
• That this is the only information that the City ma's
s provide,
6. Employee acknowledges that the City advised, employee iti writing to
consult an attorney and tax advisor before executing this Agreement,
Employee acknowledges that he has bad the OPPortumity to corisult with an
attorney and tax advisor of his choice, and has in fact consulted with an
attorney, Trevor Osborne; that Employee has carefully reviewed and
considered this Agreement in consultation. with his attorney; that Employee
understands the terms of the Agrectnent, including the release and waiver
contained in this Agreoment; and that Employee voluntarily agues to all the
terms of this Agreement. Employee also affirms that he executes this
.Agreement voluntarily, without any coercion, undue influenco,, threat, or
intimidation of any kind or type,
7. Mr. Klary agrees he has been provided the opportunity to consider for
twenty-one (221) days whether to enter into the Agreement, and )as taken as
much of this time as desired prior to signing the Agtei�mcnt. By signing this
Agreement, Employee acknowledges that he has knowingly and voluntarily
waived rights or claims under the laws above, in exchange for consideration.
Employee affirms that this decision was made knowingly, voluntarily, and
without any undue hardship, duress, or coercion by the City or it;, employees
or representatives.
5. Employee acknowledges that for a period of seven (7) additional calendar
days after signing this Agreement lie has the right to revoke this Agreement
(Revocation Period), and that this Agreement is not bindiquntil the
expiration of the Revocation Period. If Employee decides to revoke this
Agreement after signing it, Employeemust deliver to Bob Coons, Hurnan,
Resources ManagLq-, a written statement of revocation. DelivoTy may be
made personally or by email to 13coonLQq)L!tyofp am,, If Emp oy . I �, C
-- does not
revoke during the seven-day revocation period, this Agreement, will take
effect and be fully binding on the 01911th (8th) calendar day after the date
Employee signs the Agreement.
Employee does not waive any right.9 or claims that arise after the date this
Agreement is signed.
10, Employee has returned all City property,
11. Release and Waiver. in consideration of the valuable consideration
provided to the Employee by this Agreement, the Ernp loyee, for I imself and
his heirs, executors, administrators, successors, and assigns, does hereby
waive, and hereby release the City, its officer,,, managers, agents, and
employees from, any and all claims, rights, liabilities and cause:; of action
arising from or relating to the employment relationship between)"- Fmployee
-2-Settlement — Kjarr
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and City or with, the termination of the employmerij: relationship between
Employee and City, These claims, rights, liabilitics and cau;cs Of action
include, but are not limited to, claims of discrimination of any kind, arising
under federal, state, and local statutory or common law, including Title VII
of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age
Discrimination in Employment Act (ADEA), the elder Workers Benefit
Protection Act (OWBPA), the Washington State Law Against
Discrimination (WLAD), and the Employee Retirement Income Security
Act (ERISA). It is understood that this release includes, but it not limited
to, any claims for wages, overtime, bonuses, benefits, stock options,
emotional distress, compensatory damages, or damages oC any kind
whatsoever, under any federal, state or local emplo,nnent, contract., or tort
law, regulation, ordinance or executive order, including, but nut limited to
the Age Discrimination in.T.Hmployment Act, the Americans witli Disabilities
Act, Title V11 of the Civil Rights Act of 1964 (as amended), 42 U.S.C.
§ 1981, the Employee Retirement Income Security Act, the 01cler Workers'
Benefit Protection Act, the Washington Law Against Discrimination, any
claim for breach of contract, express or implied, breach of the covenant of
good faith, and fair dealing, intentional infliction of emotional distress,
negligent infliction of emotional distress, or any other common ltw claim,
In, consideration of the valuable consideration provided by this Agreement,
the City does hereby waive, and hereby release the Employee from any and
all claims, rights, liabilities and causes of action of arty kind whother known
or unknown.
12, The City further agrees to not contest any application for uncinployment
benefits filed by Employee, The City will provide truthful infDrmation in
response to any request for information it is legally obligated to 1;
.13, This Agreement constitutes the entire Agreement between the 'parties, and
any oral. representation or understanding not incorporated herein is
excluded. Further, any modification of this Agreement shall ')e made in
writing and signed by both parties,
14. Interpretation, and enforcement of this Agreement shall be goverwd by, and
coiLstrucd in accordance with, the laws of the State of Washinglon. In any
dispute arising out of or relating to this Agreement, the Panic; agree that
venue shall be had in Clallam County,
Signed and delivered this -4�_ day of May, 2014,
-3-SCttlelnent — Klarr
05/13/201el 13:35 5205755041 OFF ICEMAX PAGE 04/04
James K Iafr
CTTY OF PORT ANGELES
,Dan McKeen, City'Manager
Approved as to form:
ty tt6rn'ey
-4-Settlement — Klarr