James Nagle 11/2/2018 - Laserfiche WebLink

8. Mr.Nagle may file a charge with the Equal Employment Opportunity Commission or Washington Human Rights Commission regarding any claim of discrimination, harassment, or retaliation associated with his employment with the City. However, Mr.Nagle agrees not to seek or accept any damages from the City recovered from any administrative proceeding prosecuted by the Equal Employment Opportunity Commission or Washington Human Rights Commission. 9. Mr. Nagle and the City acknowledge that settlement of these claims is important for Mr.Nagle to move forward with his life, and for the City to direct its efforts and resources to serving its residents. Mr. Nagle and the City acknowledge that their respective decisions to enter into the Agreement do not constitute an admission by either party that Mr.Nagle of the City has acted wrongfully with respect to any other party or any other person or entity or that either party has any rights whatsoever against the other party. Mr.Nagle and the City further acknowledge that the settlement is not to be construed as an admission of liability by the other,which is denied. 10. The City shall provide Mr.Nagle with 1099s in 2018 and 2019 for the two payments made to resolve his disability discrimination and related claims. Mr.Nagle will hold harmless and indemnify the City if there is any liability,penalties, or fees associated with Mr.Nagle's nonpayment of any taxes owed on any sums paid to Mr.Nagle in settlement of his disability discrimination and related claims. 11. Mr.Nagle agrees that he will not publicize the settlement, facts regarding the settlement negotiations, or the facts alleged in Mr. Nagle's tort claim in any form (including, but not limited to, writing, electronic,digital,or telephonic). Mr.Nagle also agrees not to discuss the terms of this Agreement, facts regarding settlement negotiations, or the facts alleged in Mr. Nagle's tort claim with any media outlet (including, but not limited to, newspapers, television, radio or social media), community group, or any other organization. H e will also not attempt to publicize or facilitate the publication or discussion of any of the foregoing information with any media outlet, community group or any other organization through any third person/entity. If asked about his claims,this Agreement, or anything related thereto by any media outlet, community group or any other organization, he will respond to the inquirer by stating only that claims were settled on satisfactory terms. Mr.Nagle recognizes that any violation of this provision will cause the City harm. In the event Mr.Nagle breaches this paragraph, the actual value of damages for such breach would be difficult and burdensome to calculate. Therefore, the parties agree that Five Thousand Dollars ($5,000)per occurrence for breach of this provision represents a fair estimate and a reasonable amount of liquidated damages and does not constitute a penalty. Provided however, in addition to the above, in the event Mr. Nagle writes (or publishes) and/or speaks on the issue of mental health, this will not violate this clause provided that Mr.Nagle does not expressly reference the"City of Everett" or the "Everett Fire Department or its employees" and provided that he further agrees to indemnify the City against any claim, demand, or suit made or instituted against the City based on Mr. Nagle's comments or writings. 12. In response to a reference request from a potential future employer or other caller, the City will direct all calls or written inquiries to its Human Resources Department. The Human Resources Department shall provide only the following information to the caller or 3