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review of his separation from service in February 2016,the Everett Police Department has decided
<br /> to reclassify his separation as a resignation and a retirement.
<br /> 5. In exchange for the consideration set forth in Paragraphs 1 through 4,Mr. Phillips
<br /> forever releases and discharges the City,its past and present council members,officers,employees,
<br /> attorneys,agents,affiliates,assigns and successors,and any other person acting on the City behalf,
<br /> ("Releasees"),from any and all claims,whether known or unknown,suspected or unsuspected,
<br /> arising out of Mr. Phillips's employment with the City or separation therefrom,arising from public
<br /> records requests that were served on the City by or on behalf of Mr. Phillips,or arising on or before
<br /> the date of this Agreement. This release shall include any claims arising under any federal,state,or
<br /> local law prohibiting discrimination,harassment,or retaliation in employment,as well as any claims
<br /> for breach of contract,defamation,FMLA interference,violations of RCW 42.56,unpaid wages,
<br /> salary,bonuses,or other sums,emotional distress,personal injury,attorneys'fees,or any other
<br /> statutory or common law claims.
<br /> 6. It is further understood that Mr. Phillips agrees to indemnify and hold harmless the
<br /> City from any and all claims that may be brought by or on behalf of Mr. Phillips,his descendants,
<br /> ancestors,dependents,heirs,executors,administrators,assigns and successors,or each or any of
<br /> them,that arise from his employment at the City or separation there from or arising on or before the
<br /> date of this Agreement.
<br /> 7. Mr. Phillips represents and warrants that any and all liens,that have been asserted,
<br /> can be asserted,or will be asserted,have been compromised or will be compromised by Mr.
<br /> Phillips. Mr. Phillips agrees to indemnify and hold harmless Releasees,and each of them,against
<br /> any claim,demand,or suit made or instituted against Releasees because of any such lien,and to pay
<br /> and satisfy any settlement of or judgment resulting from any such claim,demand,or suit,as well as
<br /> all reasonable expenses of investigation,attorneys'fees,and costs incurred by Releasees,or any of
<br /> them,in connection with any such claim,demand,or suit.
<br /> 8. Mr.Phillips and the City acknowledge that settlement of these claims is important for
<br /> Mr. Phillips to move forward with his life, for the City to direct its efforts and resources to serving
<br /> its residents, and for both Mr. Phillips and the City to conserve the cost that could be incurred as
<br /> the result of protracted litigation. Mr. Phillips and the City acknowledge that their respective
<br /> decisions to enter into this Agreement do not constitute an admission by any party that he or it has
<br /> acted wrongfully with respect to any other party or any other person or entity or that any party has
<br /> any rights whatsoever against any other party. Mr. Phillips and the City further acknowledge that
<br /> the settlement is not to be construed as an admission of liability by the other,which is denied.
<br /> 9. After receiving the Total Settlement Amount,Mr.Phillips agrees to dismiss with
<br /> prejudice the case,Jimmy V. Phillips v. City of Everett,Case No.19-2-03898-31,pending in
<br /> Snohomish County Superior Court. On the day after the City Council approves the settlement,the
<br /> City of Everett will withdraw its appeal in Jimmy V. Phillips v. City of Everett,Case No. 81536-9-
<br /> I,pending in Division I of the Court of Appeals. After the City withdraws its appeal,Mr. Phillips
<br /> will file a satisfaction of judgment in Jimmy V. Phillips v. City of Everett,Case No.18-2-09097-3,
<br /> pending in Snohomish County Superior Court.
<br /> 10. Mr. Phillips will hold harmless and indemnify the City if there is any liability,
<br /> penalties,or fees associated with Mr. Phillips' nonpayment of any taxes owed on any sums paid to
<br /> Mr. Phillips in accordance of this Agreement,except for the employer portion of payroll taxes.
<br /> 11. This Agreement constitutes the entire agreement between the parties,and both
<br /> parties acknowledge that there are no other agreements,written,oral,or otherwise.
<br /> SETTLEMENT AND RELEASE AGREEMENT
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