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6.1. - Page 4 of 8
<br />B. In exchange for the consideration provided in this Agreement, the City
<br />will pay Employee a one-time payment of Eighty -One Thousand Seventy -Six Dollars and Sixty -
<br />Four Cents ($81,076.64) on the Effective Date of this Agreement. The City will issue Employee
<br />a Form 1099-MISC, and Employee will be responsible for paying any applicable taxes, whether
<br />state or federal. Employee agrees to fully indemnify and hold harmless the City from payment
<br />of any taxes, interest, or penalties that may be required of the City by any governmental agency
<br />at any time as a result of the payment of the amount listed in this Agreement. Employee
<br />acknowledges that neither the City, nor any of its representatives or attorneys have made any
<br />promise, representation or warranty, express or implied, regarding the tax consequences of any
<br />amounts paid pursuant to this Agreement.
<br />2. Waiver of Discrimination Claims
<br />Employee understands and acknowledges that Title VII of the Civil Rights Act of 1964,
<br />the Age Discrimination in Employment Act, the Civil Rights Act of 1991, the Vietnam Era
<br />Veterans' Readjustment Assistance Act of 1974, the Americans with Disabilities Act of 1990,
<br />the Federal Family and Medical Leave Act of 1993, the California Family Rights Act of 1991,
<br />the California Fair Employment and Housing Act, and other statutes provide Employee with the
<br />right to bring an action against the City if Employee believes he has been discriminated against
<br />based on race, ancestry, creed, color, religion, sex, marital status, national origin, age, status as
<br />an individual who has filed a claim for workers' compensation benefits or who has sustained an
<br />industrial injury, status as a veteran of the Vietnam era, physical or mental handicap, and/or
<br />disability. Employee understands the rights afforded to him under these Acts and agrees that he
<br />will not bring any action against the City based on any alleged violation(s) of these Acts.
<br />Employee hereby waives any right to assert a claim for any relief under these or similar Acts,
<br />including, but not limited to, back pay, attorney fees, damages, reinstatement, and/or injunctive
<br />relief, arising out of his employment with City or the separation from such employment.
<br />3. Waiver of Age Discrimination Claim
<br />Employee understands and acknowledges that the Age Discrimination in Employment
<br />Act of 1967, as amended, provides Employee the right to bring a claim against the City if
<br />Employee believes that he has been discriminated against on the basis of age. Employee
<br />understands the rights afforded under this Act and agrees that he will not bring any action against
<br />the City based on any alleged violation(s) of the Act. Employee hereby waives any right to
<br />assert a claim for relief under this Act, including, but not limited to, back pay, attorney fees,
<br />damages, reinstatement, and/or injunctive relief arising out of his employment with City or the
<br />separation from such employment.
<br />4. General Release of All Claims
<br />Excepting the obligations that are expressly set forth in this Agreement, the Parties shall
<br />and hereby do release and forever discharge each other, as well as their predecessors, successors,
<br />heirs, executors, administrators, other present or former employees, Council members, officers,
<br />agents, attorneys, directors, successors and assigns (collectively, "Released Parties"), from all
<br />claims related in any way to the transactions or occurrences between Employee and the City to
<br />date, to the fullest extent permitted by law. This release is intended to be interpreted broadly to
<br />apply to all transactions and occurrences between Employee and the City, including but not
<br />limited to any and all claims related to Employee's employment and employment conditions
<br />ATTY/DQCS-AGREEMENTS/SETTLEMENT AGREEMENTS/SHEFFIELD SETTLEMENT & RELEASE AGREEMENT
<br />REV: 03-18-19 MI
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