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106-22 - Teamsters and Individual Names Employees - ContractWAGE PAYMENT AND RELEASE AGREEMENT BETWEEN THE CITY OF PORT ORCHARD, TEAMSTERS LOCAL NO.589, AND INDIVIDUAL NAMED MEMBERS The City of Port Orchard ("City"), Teamsters No. 589 representing Public Works employees ("Union"), and the named employees identified in Appendix A ("Named Employees") enter into this Wage Payment and Release Agreement ("Agreement") regarding payments related to an overtime audit. WHEREAS, as part of a routine audit of payroll practices related to the payment of overtime, the City identified additional payments appropriate and necessary to be made to the Named Employees; and WHEREAS, the payments are intended to represent corrections to overtime calculations from January 1, 2019 to the present; NOW THEREFORE, the City, the Union, and the Named Employees mutually agree as follows: 1. The City will pay the Named Employees the amounts identified in Appendix A, minus payroll withholdings, no later than the second pay period following the effective date of this Agreement. The parties agree that the payments identified in Appendix A constitute full and complete payment of wages owed for the overtime worked by the Named Employees since January 1, 2019. 2. The Union and each Named Employee hereby release the City, its past and present employees, elected officials, and representatives from any and all actions, lawsuits, grievances, or claims relating to the City's overtime audit addressed in this Agreement. Each party to this Agreement is responsible for its own attorney's fees. 3. This Agreement does not constitute an admission of liability or wrongdoing by any party. 4. This Agreement constitutes a full and final resolution of all matters related to the City's audit of overtime payments and supersedes any verbal or written statements or agreements related to the subject matter hereof. 5. If any portion of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect. 6. No modification to this Agreement is valid unless in writing and signed by all parties. 7. The venue for any action to enforce or interpret this Agreement shall be through the grievance process provided in the applicable collective bargaining agreement between the City and the Union. Page ! of 4 8. Each of the parties signing below affirms that they have carefully read this Agreement, understand its contents, and sign it voluntarily. 9. This Agreement is effective when signed by all parties. CITY Of- PORT ORCHARD "� Mayor Rob Putaansuu Date: & l O / Zi� TEAMSTERS NO.589 912 K46rk Fuller, Secretary/Treasurer Date: �`� ? Page 2 of 4 Nam mployees J stre �Alm�anza Date: J tZ©Z7� Orr� Lae :iL Michael DeLine Date: -7 o' -2, LIhri§I'67pher Esguerra Date: l 0'9 C7� Anthony Lang Date: Date: ? -Z3 -Z2 ap& 4�,- - William Thiele Date: );-!& - 1 Daniel Castillo Date: ;� - r ,'r^fiw Brian Dobie Date: 7 %Z5 / zz Marc Fournier Date: d,.5 3-0/ 2, Z Steven `Witte Date: / Z Z Page 3 of 4 Appendix A Named Employee Amount Almanza, Silvestre $974.16 Boltz, David $367.95 Castillo, Daniel $182.88 DeLine, Michael $537.35 Dobie, Brian $134.43 Esguerra, Christopher $190.22 Fournier, Marc $231.90 Lang, Anthony $92.33 Lovely, Thomas $94.76 Nix, Von $17.96 Rickett, Alan $203.79 Schenk, Scott $7.65 Thiele, William $302.98 Witte, Steven $109.61 Page 4 of 4