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HomeMy WebLinkAbout25-077 - Contract - Jessica Armstrong - Repayment Agreement25-077 Council Approval N/A REPAYMENT AGREEMENT THIS AGREEMENT is made and entered into the 7th day of March _ 2025, by and between the City of Tukwila (hereafter referred to as "City"), a Washington optional code city (hereafter referred to as the "City"), and Tukwila Police Officer Jessica Armstrong (hereafter referred to as "Employee") (collectively, "the Parties"). WHEREAS, between March 4, 2022 and January 15, 2025, Employee erroneously received pay at step 6 instead of step 5, resulting in Employee being overpaid during this time; and WHEREAS, the overpayments were made in error, without knowledge, fraud, or misrepresentation by either party; and WHEREAS, the total amount of overpayment received by Employee is $8,988.39; and WHEREAS, the City agrees to allow the Employee to repay the City the total amount of the overpayment over time as set forth in this Repayment Agreement ("Agreement"); NOW, THEREFORE, the Parties agree as follows: 1. Employee's Obligation to Repay. Employee acknowledges and agrees that Employee will repay to the City all wage payments that Employee has received in excess of those to which Employee was entitled, the total amount of which is $8,988.39. 2. Method of Payment. Employee will repay to the City the total amount of overpayment stated in Paragraph I of this Agreement through deductions from Employee's wages. Beginning in the first pay period of April 2025, the City will deduct $65 from Employee's wages each pay period. On January 1, 2026, the amount deducted from Employee's wages each pay period will increase to $75. The amount deducted from Employee's wages each pay period will increase by $ 10 on January I of each subsequent calendar year, until the overpayment stated in Paragraph I of this Agreement is fully repaid to the City. 3. Minimum Wages. No provision of this Agreement is intended to directly or indirectly reduce the amount of wages paid to Employee by the City below the Federal and State mandated minimum wage and payments for overtime set forth in the FLSA and Washington Minimum Wage Acts. No provision of this Agreement shall be interpreted to require payment of an amount causing this unintended result. 4. Separation from Employment. Employee agrees that if Employee separates from City employment prior to completing repayment of the total amount of overpayment stated in Paragraph 1 of this Agreement, the City may deduct any outstanding amounts from Employee's final paycheck. If the Employee's final paycheck will not cover any outstanding amounts, Employee will pay any remaining outstanding amount within 30 days of the Employee's final paycheck. In the event Employee is forced to non -voluntarily separate from employment through no fault of her own (e.g. a non -disciplinary disability separation) the Union reserves the right to reopen this agreement for the purpose of negotiating a new repayment plan. Page 1 of 2 4914-5991-0429, v.1 5. Right to Independent Legal Counsel or Union Representation. Employee acknowledges that Employee has the right to have this Agreement reviewed by an attorney of Employee's choosing prior to signing this Agreement. Employee further acknowledges that Employee is a member of Teamsters Local 117 and that she has consulted with Teamsters 117 and reviewed this Agreement with her chosen union representative. ia-,- Date' I 3/7/2025 1 8:04 AM PST Date UNFENNNIM., —Signed by: a 24' EE �a Thomas McLeod, Mayor �44•I =Ik A e— Signed by: 0 UIAA4 =4D Office of the City Attorney 4914-5991-0429, v. 1 ef�_ed_ ss:ica, Armstrong, Employee _E DOCUS' gned by: 2A78026A492 Signed Teamsters 117 Page 2 of 2