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Home My WebLink AboutMichael Stringer Settlement Agreement 2018SETTLEMENT AGREEMENT AND RELEASE Michael Stringer ("Stringer") and Jefferson County (including its employees, officers, agents, insurers, etc.) desire to settle and resolve all disputes growing out of Stringer's employment. It is therefore agreed as follows: Agreement Not Admission. This Agreement is not an admission by Jefferson County that it (or any of its directors, officers, or employees) has violated any law or failed to fulfill any duty to Stringer. 2. Release. Stringer accepts the undertakings of Jefferson County in this Agreement as full settlement of any and all claims, known or unknown, arisin tloif r lated,}rectly o indirectly, to his employment with Jefferson County, its o fo"r-any and aj p other claims, known or unknown, of whatever kind or nature that Stringer may have against Jefferson County, through the date of execution hereof. This release includes, but is not limited to, any claims for damages or attorney's fees, through the date of the execution of this agreement, wage and hour claims, 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 ofthe Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; Washington's Law Against Discrimination; Washington's wage and hour laws, the Employee Retirement Income Security Act of 1974, as amended; or any other federal, state, or local laws or regulations regarding employment discrimination or termination of employment) and any claims for wrongful discharge, fraud, breach of contract, misrepresentation, and any claims based on any current or former public records request, or any other claim under any statute, rule, regulation or under the common law that may have occurred prior to the date of execution of this Agreement hereinafter referred to as "released claims"]. These claims are examples, not a complete list, of the released claims, as it is the parties' intent that Stringer release any and all claims, ofwhatever kind or nature, in exchange for the undertakings in this Agreement by Jefferson County. Stringer 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 Jefferson County, and any other related company (and their owners, directors, officers, employees, successors, insurers, assigns, and anyone else against whom Stringer could assert a claim based on Stringer's experiences as an employee of Jefferson County) from any further liability to him (or to anyone else he has power to bind in this settlement) in connection with such claims. 3. ADEA Release. Stringer acknowledges that he is knowingly and voluntarily waiving and releasing any rights he may have under the Age Discrimination in Employment Act ADEA"). Stringer also acknowledges that the consideration given for this Agreement is in addition to anything of value to which Stringer was already entitled. Stringer further acknowledges that he has been advised by this writing, as required by the ADEA, that a) this Agreement does not apply to any rights or claims that may arise after the execution date of this Agreement; (b) Stringer should consult with an attorney prior to executing this Agreement; (c) Stringer has twenty-one (21) days to consider this Agreement (although Stringer may choose to voluntarily execute this Agreement earlier and to waive such period INITIALS Ey2 PAGE 1 OF 3 of consideration); (d) Stringer has seven (7) days following the execution of this Agreement to revoke the Agreement; and (e) this Agreement will not be effective until the date upon which the revocation period has expired, which will be the eighth day after this Agreement is executed by Stringer ("Effective Date"). Nothing in this Agreement prevents or precludes Stringer from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs for doing so, unless specifically authorized by federal law. To cancel this Agreement, Stringer understands that he must give a written revocation which must be received by Jefferson County by 5:00 p.m. on the seventh day after this Agreement is signed by Stringer, addressed to the following individual at the following location: Suzanne Michael Fisher & Phillips LLP 1201 Third Ave., Suite 2750 Seattle, WA 98101 Email: smichael@fisherphillips.com If Stringer revokes this Agreement under this paragraph, the Agreement will not become effective or enforceable and Stringer will not be entitled to any of the benefits set forth in paragraph 6 below. 4. Dismissal With Prejudice. Upon satisfaction of Jefferson County's obligations set forth herein, Stringer agrees to dismiss with prejudice any action filed with any court, administrative agency, or any grievances or appeals against Jefferson County filed in any forum, and Stringer further agrees not to file any action regarding released claims, including without limitation, any claims released under Sections 2 and 3, in the future. By his signature below, Stringer agrees that any current or pending public records requests him to Jefferson County are hereby withdrawn. d 5. Settlement Payment. Jefferson County agrees to pay to r the total sum of $ ` 0 as full settlement of any and all claims as set forth in paragraph 2 and 3 above, payable within 10 days of Stringer/s delivery of the original executed version of this Agreement. 41 3L, Jefferson County expresses no opinion, and takes no position, on the tax consequences of Yc '5k0n this settlement.` 1C' Iry E 6. Taxes. Stringer agrees that Jefferson County makes no representation as to any tax consequences arising from the above payment. Moreover, Stringer understands and agrees that any tax consequences and/or liability arising from the settlement payment shall be his sole responsibility. Nothing herein shall be construed as requiring Stringer to be responsible for any tax liability of Jefferson County. 7. Non -Disparagement. Stringer agrees that neither he, nor anyone acting on his behalf, will make any negative, derogatory, or disparaging comments, whether oral or written, about Jefferson County or its officers, directors, employees, shareholders, or agents in any way, now or in the future. PAGE 2 OF 3 8. Authority to Enter Agreement. Stringer 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. 9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of any heirs, legal representatives, successors, and assigns of the parties. 10. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws ofthe State of Washington and each party submits to the personal jurisdiction of the Federal and/or State Courts located in King County, in any action or proceeding arising out of, or relating to, this Agreement and its enforcement, and agrees that all claims in respect to any such action or proceeding may be heard and determined in either such court. The Parties irrevocably waive any objection on the ground that any such action or proceeding in either of such courts has been brought in an inconvenient forum. 11. Attorneys' Fees. The prevailing party in any arbitration or litigation brought to enforce this Agreement shall be entitled to recover its/his costs including reasonable attorneys' fees. 12. 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 the parties. 13. Knowing and Voluntary Waiver. Stringer acknowledges that he has been advised to consult with an attorney, and has had an opportunity to do so, before signing the Agreement, which Stringer has been given a reasonable period of time to consider. Jefferson County Michael Stringer `- ` '" Its: }, rGe- 2 rUDr Date Date PAGE 3 OF 3 INITIA /