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Joni Smith 5/20/2019
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Joni Smith 5/20/2019
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Entry Properties
Last modified
5/30/2019 11:26:05 AM
Creation date
5/30/2019 11:26:02 AM
Metadata
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Template:
Contracts
Contractor's Name
Joni Smith
Approval Date
5/20/2019
Council Approval Date
5/15/2019
Department
Legal
Department Project Manager
Jim Iles
Subject / Project Title
Injury on City Property
Tracking Number
0001784
Total Compensation
$0.00
Contract Type
Agreement
Retention Period
6 Years Then Destroy
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CITY <br /> Sidebar Settlement Agreement: The City of Everett&Joni Smith <br /> February 28,2019 <br /> This Agreement is between The Cityof Everett, `Employer,' and Joni Smith, `Claimant'. <br /> gi <br /> Claimant and Employer agree that it is in their best interests to enter into a settlement in the <br /> • matter of Claim No. SG86188 Snohomish County Superior Court Cause No. 18-2-03989-31 in <br /> order to resolve issues so both parties may move forward in a positive direction. <br /> 1. Consideration: <br /> Claimant agrees that she owes the City of Everett an overpayment in the amount of <br /> $18,235.45' and further agrees with(1)with the terms of the Sidebar Settlement <br /> Agreement between The City of Everett and Joni Smith as outlined herein; (2)agrees <br /> with the Snohomish County Superior Court Joint Stipulation and Request for Order for <br /> Reversal and Remand;and(3)agrees with the Snohomish County Superior Court <br /> Proposed Order for Reversal and Remand <br /> Once all documents are executed by all parties;the Order for Reversal and Remand is <br /> signed by the judge;and the Joint Stipulation and Order are filed with the Snohomish <br /> County Superior Court,the employer agrees the balance of$18,235.45 will be applied as <br /> an offset against compensation and/or other benefits,except for treatment,which are <br /> payable or become payable under this claim or any other industrial insurance claim with. <br /> the City of Everett,acting pursuant to Title 51 RCW,may adjudicate in the future. The <br /> City of Everett will not pursue collection of the obligation,other than through offset as <br /> discussed herein. <br /> The Employer and Claimant contemplate and understand the Department will issue a <br /> ministerial order to implement the terms of the Snohomish County Superior Court Order <br /> for Reversal and Remand. Employer and Claimant intend that this ministerial order will <br /> operate to affirm any unaddressed protests and/or disputes at the Department level. <br /> Each party will remain responsible for their own respective attorney fees and costs. <br /> 2. Taxes: Claimant is responsible for the proper filing and payment of taxes related to this <br /> settlement amount. <br /> 3. Jurisdiction: This Agreement shall be governed by and construed in accordance with the <br /> laws of the State of Washington applicable to contracts made and performed in such State <br /> without giving effect to the choice of law principles of such State that would require or <br /> permit the application of the laws of another jurisdiction. <br /> ' Claimant has a remaining overpayment balance of$18,235.45 for time loss compensation paid <br /> from 11/16/14 through 9/9/15 <br /> Sidebar Settlement Agreement: The City of Everett and Joni Smith <br />
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