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Home My WebLink AboutLW08-346 - Original - Settlement Agreement and Release n!k E Records, M eme KENT WABMINOTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: INCL UA k' Vendor Number: `,� , JD Edwards Number Contract Number: L V y O op -3 This is assigned by Deputy City Clerk Description: �04ftUd �6a,204 1 �bA"I Detail: Project Name: Contract Effective Date: �)��o� Termination Date: Contract Renewal Notice (Days): 4, Number of days required notice for termination or renewal or amendment Contract Manager: I VYY I kukA� Department: IAWJ Abstract: S Pubhc\RecordsManagement\Forms\ContractCover\ADCL7832 07102 x SETTLEMENT AGREEMENT AND RELEASE David White("White") is employed by The City of Kent(the"City"). White has brought various state claims against The City in a lawsuit filed in Superior Court of the State of Washington in and for the County of King, Cause No. 07-2-23287-7 (the "Lawsuit"). White and the City desire to settle and resolve all possible disputes between the parties through the date of this Settlement Agreement and Release ("Agreement") arising out of White's employment and request for records from the City, including, but not limited to, White's claims in the Lawsuit. It is therefore agreed as follows: 1. Confidentiality of Settlement. White agrees that he will keep this Agreement confidential and will not disclose or publicize the terms, or contents of this Agreement, in any manner,whether in writing or orally, to any person, directly or indirectly, or by or through any agent, representative, or any other person, other than her accountant or authorized financial advisor, unless compelled to do so by law. White understands that he is not authorized to share the terms of this Agreement with anyone except his accountant or other professional financial advisor, and his spouse. White understands and acknowledges that to the extent he shares the terms of this Settlement Agreement with his accountant, professional financial advisor and/or his spouse, White agrees that he will instruct them to keep the terms and amount of this agreement confidential, and White acknowledges that if that individual breaches the confidentiality agreement, White is liable for each breach. White further agrees that this provision is contractual and is a material part of the consideration to the City. Counsel for White also acknowledges and agrees that he is bound by the terms of this confidentiality provision. 2. Agreement Not Admission. This Agreement is not an admission by the City that the City (including its elected officials, employees, and agents) has violated any law or failed to fulfill any duty to White. Nothing herein precludes or limits in any obligations that the City has under local, state, and federal law. 3. Release. White accepts the undertakings of the City in this Agreement as full settlement of any and all claims, known or unknown, arising out of or related, directly or indirectly, to his employment with the City, his request for public records, or for any and all other claims, known or unknown, of whatever kind or nature that White may have against the City. This release includes, but is not limited to, any claims for damages or attorney's fees, for emotional distress, lost salary or other benefits, retaliation, wrongful termination or discrimination based upon disability, national origin, sex, age, or any other violation of any equal employment opportunity law, ordinance, rule, regulation or order (including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Washington's Law Against Discrimination; the Employee Retirement Income Security Act of 1974, as amended; Washington's Law Against Discrimination; or any other federal, state, or local laws or regulations regarding employment discrimination or termination of employment) and any claims for wrongful discharge, fraud, misrepresentation, or any other claim under any statute, rule, regulation or under the common law. These claims are examples, not a complete list, of the released claims, as it is the parties' intent that White release any and all claims, of whatever kind or nature, in exchange for the undertakings in this Agreement by Defendants. White realizes this constitutes a full and final settlement of any and all such claims, and except for obligations arising under this Agreement, this settlement releases the City (and its elected officials, employees, agents, employees, successors, insurers, assigns, agents and anyone else against whom White could assert a claim) based on White's experiences as an employee of the City or White's request for public records from any further liability to him (or to anyone else he has power to bind in this settlement) in connection with such claims. 4. Settlement Payment. The City agrees to pay to White the total sum of ($40,000.00), Forty Thousand Dollars, as full settlement of any and all claims as set forth in paragraphs 3 above, payable within two (2) weeks after the execution of this Agreement. 5. Taxes. White agrees that the City make no representation as to any tax consequences arising from the above payment. Moreover, White understands and agrees that any tax consequences and/or liability arising from the settlement payment shall be his sole responsibility. 6. Indemnity. White agrees to indemnify and hold harmless the City for any taxes or penalties owing. 7. Agreement Re: Cooperation. White agrees that he will not voluntarily cooperate in any other pending or threatened litigation or discuss any aspect of his employment related to the Lawsuit, his public records request, or the Lawsuit against the City with any other potential plaintiff or individual unless a court order compels him to do so. White further understands that any proven breach of this provision is a material breach under this Agreement. 8. Non-Disparagement. White agrees that neither he, nor anyone acting on his behalf, will make any negative, derogatory, or disparaging comments, whether oral or written, about the City or its elected officials, employees, and agents in any way, now or in the future. As part of this Agreement, White understands and agrees that he is not entitled to contact the media or respond to media requests which will breach his confidentiality or non-disparagement obligations under this Agreement. White's attorney also agrees that as part of this Agreement, he is not entitled to contact the media or respond to media requests which will breach the confidentiality or non-disparagement obligations under the Agreement. White further understands that any proven breach of this provision is a material breach under this Agreement. 9. Authority to Enter Agreement. White represents and warrants that, as of the date of this Agreement, he is the true party in interest, that he is fully authorized to execute this Agreement, and that he has not sold, assigned, transferred, conveyed, or otherwise disposed of any rights surrendered by virtue of this Agreement. 10. Entire Agreement. This Agreement (a) contains the entire understanding of the parties with respect to the subject matter covered; (b) supersedes all prior and contemporaneous understandings; and (c) may only be amended in a written instrument signed by all of the parties. 11. Dispute Resolution. With respect to disputes under this Agreement that are not resolved by the Parties after written request by either party to the other parry, the dispute shall be resolve through a lawsuit filed in Superior Court of and for King County, Washington unless both parties agree in writing to an alternative dispute resolution process. Regardless of the forum in which any dispute is resolved, the parties bear their own fees and costs, including but not limited to, attorneys' fees. 12. Knowing and Voluntary Waiver. White acknowledges that he has been advised to consult with an attorney, and has had an opportunity to do so, before signing the Agreement, which White has been given a reasonable period of time to consider. CITY OF KENT h David White By: Its: GATE 1 ACC-f oV-JJ P-Y Date Date �r r The undersigned, on behalf of the attorneys for David White, in connection with the matters and things set forth in the foregoing Agreement, hereby acknowledges and promises as follows: That the foregoing Agreement was reviewed with David White by me and That I, the attorneys in my firm, and our staff are bound by the terms of the confidentiality provisions in this Agreement. Dated this day of September,2008 VAN SIC STO S& S By Jo