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HomeMy WebLinkAboutR-1994-146RESOLUTTON NO. 146-e4 A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING THAT CERTAIN SEPARATION AGREEMENT BETWEEN THE CITY OF DANIA AND CLIFFORD M. TAYLOR; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Separation Agreement between The City of Dania and Clifford M. Taylor, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved, and the appropriate city officials are hereby directed to execute same. Section 2. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOpTED on this 27th day of Sept. , 1994. r-C io ner ATTEST: City Clerk - Auditor APPROVED FOR FORM & CORRECTNESS By -3- , 11dc4-tZ- L,d/- Frank C. Adler, City Attorney Resolution No.746-94 M SEPARATION AGREEMENT 1. RESIGNATION SubjecttothetermsandconditionssetforthinthisAgreement,Employee hereby agrees to resign his employment with the city effective september 30, '1994. 2 CONSIDERATION, ln consideration for Employee's waiver of all clams against the city (based on any act or event occurring tn or before the date of execution of this Agreement) "nd th" promises made by Employee in this Agreement, the City agrees to provide the following to EmPIoYee: 1. As severance compensation, Employee will receive the sum of $9,885'20 no later than october 14, 1994, with said sum to be subject to federal withholding, social security, and Medicare deductions' 2. City shall pay all premiums for individual, family accident, health and life insurancecoveragethroughDecember3l,l994atwhichtimeemployee shall have the option to continue any insurance coverage at h is own expense. 3. Employee shall receive compensation for all accrued sick leave, vacation leave and any other benefits accrued by Employee through September 30, 1994; said compensation to be paid to Employee no later than October 14, 1994. 4. Employee's personnel records shall reflect that he was in good standing with the City at the time of his separation. 5. Within thirty (30) days from October 1, 1994, Employee shall receive all pension fund contributions, including any accrued interest thereon and EXHIBIT .,A" THE CITY OF DANIA, its successors and assigns and the employees, officers, directors and agents thereof (collectively referred to as the "city") and clifford M' Taylor, his heirs, executors, administrators, SUccessors' and assigns (collectively referred to as "Employee"), agree to enter into this SEPARATION AGREEMENT ("Agreement") as follows: shall have the option of investing such funds in another qualified plan if he shall so choose. 6. Employee agrees not to file any civil claim(s) against the City of Dania, subject, however, to the City's full compliance with the terms of this Agreement including timely payment of all funds due him. Employee understands and acknowledges that he will not receive the benefits provided pursuant to this Section 2 except for his waiver of clams against the City and the fulfillment of the promises contained in this Agreement. The City understands and acknowledges it will not receive waiver without benefits. 3. WAIVER OF RIGHTS AND GLAIMS AGAINST THE CIry. Employee knowingly and voluntarily waives any and all known and unknown rights and claims which he has or may have against the City as of the date of execution of this Agreement, including but not limited to any claim arising under: The Public Employee Relations Act; Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 199'1 Sections 1981 through 1988 of Title 42 ot lhe United States Code The Employee Retirement lncome Security Act of 1974 The immigration Reform and Control Act of 1986 The Americans with Disabilities Act of 1990 The Fair Labor Standards Act The Equal Pay Act of 1963 The Occupational Safety and Health Act The Family and Medical leave Act of 1993 The Florida Civil Rights Act The Florida Wage Discrimination Law The Florida Equal Pay Law a a a a a a a 2 The Florida Wage and Hour Laws The Florida Occupational Safety and Health Laws Any other federal, state or local civil or human\rights law or any other federal, state or local law, regulation or ordinance; or Any claim under the federal or state constitution; and Any public policy, contract, or common law claim, including any tort claims. This waiver also bars any claim or demand for costs, fees, or other expenses including attorneys' fees incurred in connection with any of the above-referenced claims but only by virtue of full compliance of the city with all of the terms of this separation agreement. Employee acknowledges and agrees that this Agreement constitutes a full and final bar to any and all claims of any type that he may now or in the future have against the CitY. 4. NO LAWSUITS. a 5 Employee promises not to institute or have instituted on his behalf any lawsuit against the City based upon any claim he is waiving in Section 3 above. Employee agrees that with respect to the claims he is waiving herein, he is waiving not only his right to recover money or other relief in any action that he might institute but also that he is waiving his right to recover money or other relief in any action that might be brought on his behalf by any other person or entity, including but not limited to the United States Equal Employment Opportunity Commission the United States Department of Justice or any other federal, state or local governmental agency or department. NO RE.EMPLOYMENT. Employee agrees that he will not apply for re-employment at the City in the future. J COOPERATION.b Employee agrees to cooperate with the City in effecting a smooth transition of the management of the City with respect to the duties and responsibilities which Employee performed for the City. Employee further agrees to make himself reasonably available in connection with any request by the City regarding prior business arrangements or pending litigation or litigation which may arise in the future concerning matters of which employee has personal knowledge or which were within the purview of Employee's management responsibilities. The City agrees to reimburse Employee for all reasonable fees and expenses incurred by Employee in assisting the City with any such litigation including per diem compensation. 7. BREACH OFAGREEMENT. Employee agrees that if he breaches any of the promises set forth in this Agreement, the City shall have the right to terminate the benefits payable under this Agreement and to require Employee to return all monies paid to him pursuant to this Agreement. ln addition, Employee agrees that if he breaches the promises set forth in Sections 3 and 4 of this Agreement and institutes a lawsuit or causes a lawsuit to be instituted against the City based upon any claims that he has waived in this Agreement or if he institutes a lawsuit to challenge this Agreement, he will pay all costs and attorneys' fees incurred by the City in defending against any such claim or challenge to this Agreement if the court having jurisdiction determines that the City is the prevailing party in such litigation. B 4 8 \-/ \/ ADEQUATE CONSIDERATION Employee agrees that payment to him of the money and benefits pursuant to Section 2 of this Agreement constitutes adequate and ample consideration for the rights and claims he is waiving under this Agreement and for the obligations imposed upon him by virtue of this Agreement. 9. ENCOURAGEMENTTOCONSULTATTORNEY. The City hereby encourages Employee to consult with an attorney before signing this Agreement. 10. 11. B. Employee acknowledges that he has consulted his attorney before signing this Agreement. TIME TO CONSIDER SIGNING AGREEMENT. Employee acknowledges that he has been given adequate time after receipt of this Agreement to decide whether to sign this Agreement. EFFECTIVE DATE. This agreement becomes effective and enforceable upon execution by all parties. 12. WAIVER OF RIGHTS AN CLAIMS AGAINST EMPLOYEE. The City knowingly and voluntarily waives any and all known and unknown rights and claims which the City has or may have against Employee as of the date of execution of this Agreement based upon any act or event occurring before the date ofthe execution of this Agreement. Employee agrees that neither this Agreement nor the furnishing of any consideration under this Agreement shall be construed as an admission 5 13. NON-ADMISSION OF WRONGDOING. by fie City of any liability or unlawful conduct. To the contrary, the city denies that it is in any way liable to Employee. 14. GOVERNING LAW AND INTERPRETATION. T'n is Agreement shall be governed and construed in accordance with the larvs of the State of Florida. lf any provision of this Agreement is declared illegal or unenforceable by any court of competent jurisdiction and if it cannot be modified to be enforceable, such provision shall immediately beccme null and void, leaving the remainder of this Agreement in full force anc effect. However, if any of the promises contained in Sections 3 or 4 of rhis Agreement are declared unenforceable because of actions taken by Employee or on his behalf, Employee shall retum to the City all monies paicJ to him under this Agreement. 15. ENTIREAGREEMENT. This Agreement sets forth the entire agreement between the City and Enroloyee and shall supersede any and all prior agreements or uncerstandings, whether written or oral, between the parties, except as orherwise specified in this Agreement. Employee acknowledges that he has not relied on any representations, promises. or agreements of any kind made to him in connection with his decision to sign this Agreement except for those set forth in this Agreement. 16. AMENDMENT, Thrs Agreement may not be amended except by written agreement signed b,r coth parties. 17. HEADINGS. Section headings are used herein for convenience of reference only and s;rail not affect the meaning of any provisions of this Agreement. 6 HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THEPROMISES SET FORTH HEREIN, EMPLOYEE FREELY AND KNOWINGLY, ANDAFTER DUE REFLECTION, ENTERS INTO THIS AGREEMENT INTEND]NG TOWAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MTGHT NOW HAVE AGAINST THE CITY, AS SET FORTH ABOVE. lN wlrNEss wHEREOF, the parties hereto knowingly and voluntariiy executed thls Separation Agreement as of the date set forth below: ATTEST:THE CITY OF DANIA. .7 /.' ,/t42',/z'y'x'(/'1 / Uil/,0t* err/ cLERK -AUDnoR By: ayor-Co rssroner By: C Manager STATE OF FLORIDA COUNry OF BROWARD The0c-f foregoing instrument was executed before me this / / day of, 1994, by Robert A. Mikes, Robert F. Flafley and Wanda Mullikin asMayor, City Manager and City Clerk-Auditor, respectively, of the City of Dania,personally known to me. ( Notary Public State of Florida at Large cHrtRLel e K s*Lr** 6*cttlta Type or Print Name of Notary My commission expires: Ci 1iJ-,1tI t-\ 1 tl tl 't"t CH.A:I-EN NOTA;IY FJit-tc i-iAiI C: l;.;:..,,...COIiyr:!i:ll i;C. C{:.:;,1 .1 -1 Clifford M. Ta 7 MY COI{\,lr::Si:)''l Date rl STATE OF FLORIDA COUNTY OF BROWARD Type or Print Name of Notary My commission expires clL,..It_E:'t: i: 3.!,1.Tir-;!ii :.r.a.(:111 \ n_r'>l-!-ta :'t Cif I'il.:l',iiJl'; !i;.'-l.trjJ'.:,13 ivlY COI:ii'',-r>,i,..1 '-.^r. nvr, '! r-l, The foregoing instrument was executed before me by Clifford M. Taylor, personally known to me, this b 4 a^V ot , 1994 Notary Public State of Florida at La APPROVED AS TO FORM AND CORRECTNESS BY:2rt<j A. a t*^ Frank C. Adler, City Attorney 8