|
d. After the revocation period for this Agreement has expired and the City Council has
<br /> approved the settlement,the City will pay Mr.Nagle the sum of$6,000 to reimburse
<br /> him for attorney's fees incurred with respect to his claims; and
<br /> e. Following January 1,but no later than January 11, 2019,the City will pay Mr.Nagle the
<br /> additional amount of$150,000 in final settlement of his disability discrimination and
<br /> related claims; and
<br /> f. Upon the effective date of his resignation,Mr.Nagle's personnel file will be changed to
<br /> reflect that he retired from the position of assistant chief.
<br /> 3. In exchange for the consideration set forth in Paragraph 2,Mr.Nagle forever
<br /> releases, discharges, and agrees not to sue the City, its past and present elected officials,officers,
<br /> employees,attorneys, agents,affiliates, assigns and successors,and any other person acting on the
<br /> City's behalf("Releasees"), from any and all claims,whether known or unknown, suspected or
<br /> unsuspected, arising out of Mr.Nagle's employment with the City or separation therefrom, or
<br /> arising on or before the date of this Agreement. This release shall include any claims or charges
<br /> filed with a court or administrative agencies arising under any federal, state, or local law prohibiting
<br /> discrimination,harassment, or retaliation in employment,including claims for violation of the Age
<br /> Discrimination in Employment Act,as well as any claims for breach of contract, defamation,
<br /> FMLA interference,unpaid wages, salary,bonuses,or other sums, emotional distress,personal
<br /> injury, attorneys' fees, or any other statutory or common law claims.
<br /> 4. Mr.Nagle agrees not to apply for or accept any positions of employment with the
<br /> City in the future.
<br /> 5. On or before Mr.Nagle's effective date of resignation, Mr.Nagle agrees to return to
<br /> the City all City-owned property in his possession. Such equipment includes his Class B uniforms,
<br /> keys to any City building or property, City identification cards,personal protective equipment such
<br /> as his bunker gear and SCBA mask,helmets,boots,and gloves. Mr.Nagle also agrees to remove
<br /> from the City's premises any personal property that he wishes to retain.
<br /> 6. It is further understood that Mr.Nagle agrees to indemnify and hold harmless the
<br /> City from any and all claims that may be brought by or on behalf of Mr.Nagle,his spouse,his
<br /> descendants, ancestors,dependents,heirs, executors,administrators, assigns and successors,or each
<br /> or any of them,that arise from his employment at the City or separation therefrom or arising on or
<br /> before the date of this Agreement.
<br /> 7. Mr.Nagle represents and warrants that all liens that have been asserted, can be
<br /> asserted,or will be asserted,have been compromised or will be compromised by Mr.Nagle.
<br /> Mr. Nagle agrees to indemnify and hold harmless Releasees, and each of them, against any claim,
<br /> demand, or suit made or instituted against Releasees because of any such lien, and to pay and satisfy
<br /> any settlement of or judgment resulting from any such claim, demand,or suit, as well as all
<br /> 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 /> 2
<br />
|