2014/05/21 Council Agenda Packet

•15 5. It shall be the employee's responsibility to reconcile his/her monthly pay from the City with payments from the disability insurance carrier to ensure that he/she does not violate and/or breach any of the terms and conditions of the disability insurance policy, including but not limited to the 100% payout ceiling. IAFF #46 recognizes that the City does not have any liability with or to the disability insurance carrier or IAFF #t/16 whatsoever with regard to insurance disputes between the carrier and employees represented by IAFF #46, including but not limited to the reconciliation of pay and the 100% payout ceiling. Further, IAFF #46 agrees to indemnify, defend and hold harmless the City of Everett, its officers, elected officials, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings, and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) caused by or occurring as a result of any dispute between an employee represented by IAFF #46 and the disability insurance carrier. 6. Both IAFF #46 and the City have participated in the drafting of this Letter of Understanding. As such, it is agreed by the parties that the general contract rule of law that ambiguities in the contract language shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this contract and its terms and conditions are being interpreted and/or enforced. 7. The Letter of Understanding shall be effective as of January 1, 2003. CITY OF EVERETT EVERETT FIREFIGHTERS, LOCAL 46 frel rte_d '%`%'`SCJ ¢ 42-e FRANK E. ANDERSON, Mayor r7-1=4A=- ROBERT DOWNEY, President ATTEST: • CITY CLERK APPROVED AS TO FORM: CITY ATTORNE MARK T. SOINE 211