CITY OF PORTLAND TARGETED SEVERANCE PROGRAM. (Individual) AGREEMENT AND RELEASE

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1 CITY OF PORTLAND TARGETED SEVERANCE PROGRAM. (Individual) THIS is made and entered into this 7~' day of January, 2015, between Dean Marriott, an employee of the City of Portland, and the City of Portland, a municipal corporation (Hereafter "City"). On December 18, 2014 the Assistant Director of Human Resources approved the request of Commissioner Nick Fish for- authorization to offer the Targeted Severance Program, as originally approved by City Council Ordinance and as revised by City Council Ordinance , to Dean Marriott. The Assistant Director of Human Resources approved the offer because the Targeted Severance Agreement is in the best interests of the City. On December 18, 2014, Dean Marriott indicated interest in participating in the Targeted Severance Program. By signing this Agreement, Dean Marriott indicates that he wishes to resign or retire from employment effective January 7, The City advises Dean Marriott as follows: 1. Take this Agreement and Release to an attorney of your own choosing for review and explanation: 2. If you are currently enrolled in a City-paid medical care benefits program, the City will pay the monthly premiums under federal continuation coverage (COBRA) at the current level for medical and dental benefits, for a period of up to six (6) calendar months immediately after active City medical and dental coverage ceases or the date you or your eligible dependents otherwise lose eligibility; whichever comes first. Payment for continued coverage shall be contingent on you and your dependents continuing eligibility for COBRA medical and dental benefit coverage. 3. You will receive-your entire targeted severance payment as a lump sum payment subject to mandatory tax deductions. IN CONSIDERATION of the mutual promises set forth herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. The signing of this Agreement by the parties shall be deemed to be and is accepted by the City as written notice by Dean Marriott of his voluntary resignation from City employment effective January 7, It is expressly acknowledged that Dean Marriott chooses to voluntarily resign. 2. This Agreement shall be placed in the appropriate personnel files.

2 3. Dean Marriott's decision to leave City employment is made freely and voluntarily, and no threats, advice, or promises not evidenced by this Agreement have been made. It is expressly acknowledged that the decision to separate from City employment is not associated with individual characteristics or performance. 4. This Agreement is authorized by, and subject to, the specific terms of Ordinance No , passed by the City Council on October 17, The City will pay a severance payment to Dean Marriott in the sum of $199, The entire amount will be paid as a lump sum payment and will be subject to mandatory tax deductions. 6. Dean Marriott is currently enrolled in a City-paid health care benefits program and he qualifies to have the City pay monthly health care premiums under federal continuation coverage (COBRA). The City advises Dean Marriott to seek independent advice regarding the consequences of accepting COBRA payments if he is Medicare-eligible. The City has provided no advice concerning possible consequences of accepting COBRA payments for Medicare-eligible employees. 7. The payment is made by the City and accepted by Dean Marriott in and for full and final settlement of all rights, claims (including attorney fees and costs) or causes of action, of every kind or nature, known ar unknown, resulting from or related to the employment of Dean Marriott or his separation from employment with the City. This provision does not apply to any worker's compensation claim which is related to or arises out of Dean Marriott's employment with the City. 8. As a condition to the payment by the City described above, Dean Marriott by this Agreement severs his employment relationship with the City of Portland and shall remain separated from City employment, with no right to reemployment, reinstatement, recall, bumping or seniority. This includes rights pursuant to Portland City Charter, City Code, City Personnel Rules, labor agreement, or any local, state or federal statute or common law. 9. Dean Marriott agrees and promises that he is barred from applying for, accepting or otherwise seeking employment with the City during the three year period after the resignation effective date and that any hiring or application shall be deemed null and void. Dean Marriott agrees that, if he should seek employment with the City, whether knowingly or Lulkilowingly, at any time in the future, Dean Marriott expressly waives the right to sue under federal or state law if he is denied employment. The prohibition from employment shall include all full time, part time, leased, contract, exempt from classified service and temporary positions as well as direct employment as a consultant or through a third party. In the event Dean Marriott ever applies to work for the City or is ever hired to work for the City in any capacity, he shall not have the benefit of any status or seniority acquired before the effective date of this Agreement. It will be as though Dean Marriott had never worked for the City before. 10. Dean Marriott, by signing this Agreement, voluntarily releases and forever discharges the City and each of the City's elected officials, officers, employees, agents and insurers and their successors, individually and collectively, of and from all claims, whether known or unknown, arising from or in any way related to his employment as a City of Portland employee or his resignation from City employment. This release and discharge includes; but is not limited to, any and all claims Dean

3 Marriott has or might have asserted for non-disclosure, fraud, misrepresentation in the inducement of this Agreement, grievances under a collective bargaining agreement or as claims in other actions, suits or proceedings that have or could have been brought under any labor agreement, the Charter and Code of the City of Portland, Oregon, any local, state or federal statutes and regulations, or common law, including, but not limited to, the City of Portland Civil Service Rules, Human Resources Administrative Rules, the Oregon Employer Liability Law pursuant to Chapter 654 of the Oregon Revised Statutes, Oregon Fair Employment Practices Act (ORS Chapter 659A and 659), Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Federal Rehabilitation Act of 1973, all federal and state wage and hour statutes and the Federal Fair Labor Standards Act, the Americans with Disabilities Act, the Family Medical Leave Act, the Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 USC Sections ), 42 USC Sections , the Equal Pay Act of 1963, the Oregon Constitution and the Constitution of the United States, and all claims for attorney fees and costs. Such claims are expressly waived by the voluntary resignation in this Agreement. AGE DISCRIlV1INATION IN EMPLOYMENT ACT WAIVER 11. Dean Marriott specifically waives any and claims alleging discrimination in employment on the basis of age under state law, ORS 659A.03.0, as well as claims under the federal Age Discrimination in Employment Act of 1967 (ADEA) which occurred prior to signing this Agreement. For purposes of the Age Discrimination in Employment Act of 1967, Dean Marriott. acknowledges that: (a) Dean Marriott has had twenty-one (21) days to consider the release of all claims under the (b) Dean Marriott understands that he has seven (7) days following the date he signs this Agreement to revoke his waiver of age discrimination claims and that this portion of this Agreement waiving such claims will -not become effective until the revocation period has expired. (c) Dean Marriott has been advised by the City to consult with an attorney, and has had a reasonable and sufficient opportunity to consult with an attorney of his choice, prior to signing this Agreement. (d) Dean Marriott understands and agrees that the City is not obligated to provide him with severance payments and that the consideration provided under this Agreement is in addi#ion to anything Dean Marriott is entitled to receive absent his waiver of age discrimination claims. (e) By signing this document, Dean Marriott knowingly and voluntarily waives any and all claims under the ADEA after the 7-day revocation period has expired and the Settlement Agreement is signed by the parties. Neither Dean Marriott, nor anyone on his behalf, may sue the City of Portland, any of its bureaus, board, commissions, elected officials, employees or insurers and their successors for any claim of discrimination based on age arising out of his employment or separation from employment prior to the date of this Agreement. AGREEMFiN"I' AND RELEASE

4 12. If Dean Marriott ever asserts any claim, action or suit against the City or against any of the City's elected officials, officers, bureaus, employees, agents, insurers or their successors, individually and collectively, arising out of ar in connection with Dean Marriott's employment with the City or resignation from employment as provided by this Agreement, the City may plead this Agreement as an absolute defense to any such claim, action or suit. Furthermore, in the event any claim, action, or suit is asserted, this settlement shall be construed so as to allow the City or its elected officials, officers, bureau employees, agents, insurers and their successors, individually and collectively, to use in its defense any and all matters, evidence, testimony, documentation and records that exist or existed prior to the execution of this Agreement. 13. The payment and other commitments by the.city provided by this Agreement and the City's signing of this Agreement shall not operate or be interpreted as an admission of liability as to any claim, past, present or fixture, known or unknown, suspected or unsuspected, that Dean Marriott has or might have asserted against the City, elected officials, officers, employees, agents or insurers and their successors, individually and collectively, arising out of conduct that occurred prior to the date of this Agreement, by whom liability is expressly denied. 14. This document contains the entire Agreement between the parties and is binding upon the heirs, successors and assigns of Dean Marriott. Dean Marriott FURTHER STIPULATES AND CERTIFIES THAT (Initial each): ~~ I HAVE CAREFULLY READ THIS DOCUMENT 1N ITS ENTIRETY. ~~ I FULLY UNDERSTAND THE MEANING AND EFFECT, BOTH PRESENT AND FUTURE, OF THIS DOCUMENT. ~N~ I WAS GIVEN 21 DAYS WITHIN WHICH TO CONSIDER THIS AGREEMENT BEFORE SIGNING IT. I HAD AN ADEQUATE OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF MY CHOICE BEFORE SIGNING THIS AGREEMENT. ~M~ I UNDERSTAND THAT I MAY TAKE THIS AGREEMENT TO MY UNION BUSINESS REPRESENTATIVE OR ASSOCIATION REPRESENTATIVE FOR REVIEW. ~I~ I UNDERSTAND THE CITY WILL REPORT ALL SETTLEMENT AMOUNTS AS INCOME ON MY IRS W-2 FORM {wages, tips, and other compensation}. THE CITY HAS PROVIDED NO INFORMATION CONCERNING POSSIBLE TAX CONSEQUENCES OF THIS OF PAYMENTS THEREUNDER. I INTELLIGENTLY, KNOWINGLY, AND VOLUNTARILY AGREE TO THE TERMS OF THIS.

5 I AM SIGNING THIS VOLUNTARILY AND WITH THE FULL INTENT OF RELEASING THE CITY FROM ALL CLAIMS RELATING TO, OR ARISING OUT OF, MY EMPLOYMENT, OR RESIGNATION FROM EMPLOYMENT, WITH THE CITY OF PORTLAND. ~I~ I UNDERSTAND THAT IF I EVER ASSERT ANY CLAIM AGAINST THE CITY ARISING OUT OF MY EMPLOYMENT WITH THE CITY THAT EXISTED OR OCCURRED BEFORE THE EFFECTNE DATE OF THIS AGREEMENT, THIS AGREEMENT MAY BE PLEADED AS AN ABSOLUTE DEFENSE TO THE CLAIM. NO ONE HAS MADE ANY PROMISE OR REPRESENTATION TO INDUCE ME TO SIGN THIS AGREEMENT THAT IS NOT CONTAINED 1N THIS AGREEMENT. ~~ I HAVE NOT RELIED ON ANY PROMISE OR REPRESENTATION THAT IS NOT CONTAINED 1N T~IIS AGREEMENT IN DECIDING TO SIGN THIS AGREEMENT. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year 'tten below. Dean Marriott, employee ~ ~/~5 Nick Fish, Commissioner City of Portland Assistant Homan Resources Director / -} l ~ ~ ~ / ~ ~~ VED AS TO FORM: for Dean y ate ~. / S Maxk erg Chief Deputy City Attorr~y~