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HomeMy WebLinkAbout000770 Original Contract05/13/2014 13:35 5205755041 OFFICENM PAGE 01/04 *11-1-11i"Rim $ =0 � * � = i(4401 to a: 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 C15/13/2014 13:35 5205755011 OFFICEMOX PAGE 03/01 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