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Home My WebLink About2024-0174 - - Separation and Release Agreement - Stuart Sean Matthis - Docusign Envelope ID:9252C493-DEFA-4EE6-82F5-22E4B3403577 SEPARATION AND RELEASE AGREEMENT This separation and release agreement ("Agreement") is entered into by and between the City of Auburn(or the "City")and Stuart Sean Matthis ("Volunteer"). I. RECITALS On or about March 17, 2016, City and Volunteer entered into (1) Park Caretaker Residence Lease Agreement ("Lease") and (2) Volunteer Agreement — Mary Olson Farm ("Volunteer Agreement"). Section 2 of Lease reads that Lease"may be terminated by either party hereto only by providing the other party with thirty(30) days written notice prior to the termination of the lease." Section II of the Volunteer Agreement reads that the agreement"shall continue until April 15, 2018 unless cancelled [sic] earlier by either party." Parties have continued the Volunteer relationship since the expiration of the Volunteer Agreement. Section VI of the Volunteer Agreement reads that "The City and the Volunteer reserves the right to terminate this Agreement without cause for any reason whatsoever. The City will give written notice of termination. Upon termination, Volunteer must vacate the property within 30 days of received the written notice by the City. Volunteer agrees that he is providing volunteer services at will and may be asked to discontinue such with prior notice or reason." Parties entered into a revised Volunteer Agreement signed by Volunteer on January 26, 2023 and by City on April 18, 2023. Section V of the revised Volunteer Agreement reads,"[t]he City and the Volunteer reserve the right to terminate this Agreement without cause for any reason whatsoever.Either party may terminate this Agreement by giving the other at least 30 days' advance written notice of termination." City wishes to(1)immediately terminate the Volunteer Agreement and(2)allow Volunteer up to 60 days to vacate the property. The parties desire to agree on a separation and release agreement given these unique circumstances and to aid Volunteer's transition from volunteer activities performed for the City. IL AGREEMENT In consideration of the foregoing recitals, the parties agree as follows: 1. Separation from City Volunteer Services. Volunteer's last date of completing volunteer activities for the City shall be the date on which Volunteer signs Agreement, or 30 days after being notified of the termination of volunteer services, (the"Separation Date"),whichever is earlier. The last date on which Volunteer can occupy the mobile home on the Lease Premises shall be January 31, 2025. (the "Vacation Date"). Volunteer and all personal property owned by Volunteer shall be fully removed from the City's premises by 11:59 PM on the Vacation Date. Docusign Envelope ID:9252C493-DEFA-4EE6-82F5-22E4B3403577 Agreement Page 2 of 4 2. Severance Benefits. By signing this Agreement,Volunteer will receive two monetary payments, intended as a volunteer severance benefit to aid Volunteer's transition from volunteer services performed for City. Each payment will be reported on IRS Form 1099. The first payment shall be $2,500 and be made within seven(7)calendar days from the date on which Volunteer signs this agreement. The second payment shall be $3,500 if Volunteer vacates the premises by December 31, 2024, or$2,500 if the Volunteer vacates the premises by January 31, 2025. The second payment will be paid within seven(7) calendar days from the Vacation Date, provided Volunteer has fully vacated the premises in accordance with Paragraph 1. Volunteer agrees to provide the City with a suitable mailing address for this payment. Volunteer will give City notice of the date on which Volunteer vacates the mobile home. That date shall become and replace Vacation Date listed in paragraph 1. 3. Release. Volunteer accepts the benefits contained in this Agreement in full satisfaction of all his rights and interests relating to his volunteering for and separation from the City and, in consideration therefore, Volunteer hereby releases the City, its agents, representatives, elected officials, and employees (collectively, the "Released Parties") from all claims, causes of action, liabilities, judgments, debts, obligations, expenses (including attorneys' fees), or monetary or equitable relief of any kind, suspected or unsuspected, and irrespective of any present lack of knowledge of any possible claim or of any fact or circumstance pertaining thereto, which Volunteer may have or claim to have against any of the Released Parties arising from or during his volunteering for the City, including any possible claims arising under the terms of either the Lease or Volunteer Agreement, or as a result of separation from the City. This release specifically covers,but is not limited to, any claims of discrimination based on race,color,national origin, sex, sexual orientation, marital status, military/veteran status, age, religion, physical or mental disability, or other protected status under any federal, state, or local law, rule, or regulation; any contract or tort claims arising under federal, state, or local law; any claims for unpaid wages or benefits; any claims arising under federal, state or local law based on promises made or allegedly made by the City to Volunteer; and any claims under any express or implied contract or legal restrictions on the City's right to separate Volunteers from service. This release includes, but is not limited to, all governmentally-enacted laws (federal, state and/or local). This release is intended to be all encompassing, and to fully resolve all matters and relations between the parties up to the date Volunteer signs this Agreement. 5. Other Claims or Lawsuits. Volunteer represents that as of the date he executes this Agreement, he has not filed any complaints, charges, or lawsuits against any of the Released Parties with any governmental agency or any court. 6. No Admission. Nothing in this Agreement shall be construed as any indication that the City or any of the Released Parties has acted wrongfully towards Volunteer or any other person. Docusign Envelope ID:9252C493-DEFA-4EE6-82F5-22E4B3403577 Agreement Page 3 of 4 7. City Property. Volunteer represents and certifies that all property of the City, including, but not limited to, all business records, documents, files, telephones, computers, fixtures, and farming and gardening tools have been returned to the City or will be left on the City's premises upon the Vacation Date. 8. Voluntary Execution. Volunteer represents that he has read, considered, and fully understands this Agreement and all its terms, and executes it freely and voluntarily. 9. Construction of Agreement: Governing Law: Venue. Each party has had a full and complete opportunity to review this Agreement, and has been given the opportunity to have counsel review it. Accordingly, the parties agree that the common law principles of construing ambiguities against the drafter shall have no application to this Agreement. Interpretation of this Agreement shall be under Washington law. If any legal action is necessary to enforce the terms of this Agreement,the substantially prevailing party shall be entitled to receive reasonable attorneys' fees and costs. Venue for any legal action shall be in the King County Superior Court. 10. No Representations. Volunteer represents that in entering into this Agreement,he does not rely and has not relied upon any representation or statement made by the City or any of its employees or agents concerning this Agreement. 11. Complete Agreement. This Agreement constitutes a full and final resolution of all matters in any way related to Volunteer's time with and separation from the City. This Agreement supersedes any and all other agreements between the parties. The parties agree that no modification, change, or amendment of this Agreement or any of its provisions shall be valid, unless in writing and signed by the party against whom such claimed modification, change, or amendment is sought to be enforced. 12. Severability. If any provision of this Agreement, or portion thereof, shall be held invalid or unenforceable by a court of competent jurisdiction or in any arbitration proceeding, such invalidity or unenforceability shall attach only to such provision or portion thereof, and shall not in any way affect or render invalid or unenforceable any other provision of this Agreement or portion thereof, and this Agreement shall be carried out as if any such invalid or unenforceable provision or portion thereof were not contained herein. In addition, any such invalid or unenforceable provision shall be deemed,without further action on the part of the parties,modified, amended, or limited to the extent necessary to render the same valid and enforceable. 13. Titles. The titles of the paragraphs of this Agreement are inserted merely for convenience and ease of reference and shall not affect or modify the meaning of any of the terms, covenants, or conditions of the Agreement. Docusign Envelope ID:9252C493-DEFA-4EE6-82F5-22E4B3403577 Agreement Page 4 of 4 IN WITNESS WHEREOF, the parties have executed this Agreement as their free and voluntary act on the dates set forth below. Volunteer (—Signed by 'I ka{fiAis 12/8/2024 Date: Stuart Matthis City of Auburn o �s yea by Date: 12/9/2024 Nancy Backus Mayor City of Auburn Approved as to form: 3g Eby (—Signed AL bra, Date: 12/9/2024 Paul Byrne,Deputy City Attorney