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HomeMy WebLinkAboutR-1994-145A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN SEPARATION AGREEMENT BETWEEN THE CIry OF DANIA AND TIMOTHY G. TAPP; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CIry OF DANIA, FLORIDA; Section 1. That that certain Separation Agreement between The City of Dania and Timothy G. Tapp, 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 15;s 2 7 t h flsy of Sept. ,1994 ATTEST: /r*//"2'-r- City Clerk - Auditor APPROVED FOR FORM & CORRECTNESS By:e,.*z c. cl-4^ Frank C. Adler, City Attorney Mayo r - Comm loner Resolution No. 745-94 RESOLUTTON NO. 145-e4 (u Ar LJscrsStttl'1- 71'?y AT6' CITY OF DANIA INTERoFFTcEMEMoRANDUM A R B.tMerNbeITeA R FT Date September 26, 1994 To:Bobert F. Flatley, City Manager From:Michael W. Smith, Personnel Director SUBJECT: SEVERANCE 0PT|ON- TIM TAPP AND CLIFF TAYL0R Following are amounts that would be required to provide Tim Tapp and Cliff Taylor a severance package in exchange for their voluntary resignations and signing legal releases. Without such a release,each would be entitled to $250 per week in unemployment benefits ( $6500 each over six months ) and should either decide to challenge the City's action we could expend tens of thousands of dollars in legal defense fees. Although I believe we are likely to prevail in any court action , we would have to delend any possible suits to reach a successful outcome. SALARY TO 12130/54 HEALTH INSURANCE TOTAL Clifl Taylor Tim Tapp TOTALS $9,885.20 $10,322 $20,207.20 $2,100 $2,1 00 $4,200 $11,985.20 $12,422 $24,407.20 Muller, Mint, our labor counsel will provide us by tomorrow morning with the necessary language to incorporate into the releases that we will ask Cliff and Tim to sign . I believe that this option represents the best course of action with respect to these management employees. Severance 0ption Costs: EMPLOYEE SEPARATION AGREEMENT THE Clry OF DANIA, its successors and assigns and the employees, officers, directors anc agents thereof (collectively referred to as the 'City") and Timothy G. Tapp, his heirs, executors, administrators, successors, and assigns (collectively referred to as "Employee). agree to enter into this SEPARATION AGREEMENT ("Agreement") as follows: 1, RESIGNATION Subject to the terms and conditions set forth in this Agreement, Employee herebv 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 occuning on or before the date of execution of this Agreement) and lne promises made by Employee in this Agreement, the City agrees to provice the following to Employee: As severance compensation, Employee will receive the sum of S10,322.00 no laterthan October 14,'1994, with said sum to be subjectto federal withholding, social security, and Medicare deductions. City shall pay all premiums for individual, family accident, health and life insurance coverage through December 31, 1994 at which time employee shall have the option to continue any insurance coverage at his own expense. Employee shall receive compensation for all accrued sick leave, vacation Ieave and any other benefits accrued by Employee through September 30, 1994; said compensation to be paid to Employee no later than October 14, 1994. Employee's personnel records shall reflect that he was in good standing with the City at the time of his separation. 2 1 4 EXHIBIT'A" 6& 1. A Within thirty (30) days from October 1, 1994, Employee shall receive all pension fund contributions, including any accrued interest thereon, and shall have the option of investing such funds in another qualified plan if he shall so choose. 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 CLAIMS AGAINST THE CITY Employee knowingly and voluntarily waives any and all known and unknourn 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 ansing under: The Public Employee Relations Act; Title Vll of the Civil Rights Act of 1964 and the Civil Rights Act of 1991 Sections 1981 through 1 988 of Title 42 of the United States Code The Errployee Retirement Income Security Act of 1974 The immigration Reform and Control Act of 1986 The Americans with Disabilities Act of 1990 The Age Discrimination in Employment Act of 1967 The Older Workers Benefit Protection Act The Fair Labor Standards Act The Equal Pay Act of 1963 a a a a a 2 M, '\-,,\-- . 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 Equai pay Law . The Florida Wage and Hour Laws o The Florida Occupational Safety and Health Laws . Any other federar, state or rocar civil or human\rights raw or any otherfederal, 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 tortclaims. This waiver also bars any claim or demand for costs, fees, or other expenses incrudingattomeys' fees incurred in connection with any of the above-referenced craims but onryby virtue of full compliance of the city with all of the terms of this separation agieement. Employee acknowledges and agrees that this Agreement constitutes a full and final barto any and all craims of any type that he may now or in the future nave againstlne city. 4. NO L.AWSUITS. Employee promises not to institute or have instituted on his beharf any lawsuit against the city based upon any craim he is waiving in section 3 above. Employee agrees that with respect to the claims he is waiving herein, he is waiving not onry his right to recover money or other rerief in any action that he might institute but arso that he is waiving his right to recover money or other rerief in any action that might be brought on his behalf by any other person or entity, incruding but not rimited to the United States Equal Employment Opportunity Commission the United States 3 Sda \-/ \/ Department of Justice or any other federal, state or local governmentai agency or department. NO RE-EMPLOYMENT. Employee agrees that he will not apply for re-employment at the City in the future. 6. COOPERATION. 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 Iitigation 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 A B 4 @ attorneys'fees incurred by the City in defending against any such claim or challenge to this Agreement if the court having iurisdiction determines that the City is the prevailing party in such litigation. 8. ADEQUATECONSIDERATION/ADDITIONALCONSIDERATION. Employee agrees that payment to him ofthe 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. Further, Employee agrees that this Agreement provides him with additional or extra consideration to waive any clam of age discrimination that he might now have against the City. 10. A. B. TIME A. B. The City hereby encourages Employee to consult with an attorney before signing this Agreement. Employee acknowledges that he has consulted his attorney before signing this Agreement. TO CONSIDER SIGNING AGREEMENT. Employee acknowledges that he has been given twenty-one (21) days after receipt of this Agreement to decide whether to sign this Agreement. Employee understands that he may revoke this Agreement within seven (7) days following the day he executes this Agreement. Any revocation within that period must be submitted, in writing, to Michael Smith, Personnei Director, City of Dania, 100 West Dania Beach Boulevard, Dania. Florida 33004, and state, ,,1 hereby revoke the Separation Agreement." The revocation must be 5 9. ENCOURAGEMENTTOCONSULTATTORNEY. 6 \,/ postmarked and mailed or personally delivered to, Michael Smith within seven (7) days of execution of this Agreement. 11. EFFECTIVE DATE. This agreement shall not become effective or enforceable until Michael Smith receives a letter from Employee in the form attached to this Agreement as Attachment A. Such letter shall not be valid or accepted unless it is mailed to and postmarked, or personally delivered to, Michael Smith at the address set forth in Section 10 above after the expiration of the seven day revocation period described in Section 10 above. 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 occuning before the date ofthe execution of this Agreement. 13. NON-ADMISSION OF WRONGDOING. Employee agrees that neither this Agreement nor the furnishing of any consideration under this Agreement shall be construed as an admission by the City of any liability or unlavvful conduct. 14, GOVERNING LAW AND INTERPRETATION. This Agreement shall be governed and construed in accordance with the laws 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 become null and void, leaving the remainder of this Agreement in full force and effect. However, if any of the promises contained in Sections 3 or 4 of this Agreement are declared unenforceable because of actions taken 6 ee .\./ \-,/ by Employee or on his behalf, Employee shall return to the City all monies paid to him under this Agreement. 15. ENTIREAGREEMENT. This Agreement sets forth the entire agreement between the City and Employee and shall supersede any and all prior agreements or understandings, whether written or oral, between the parties, except as otherwise 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. This Agreement may not be amended except by written agreement signed by both parties. 17. HEADINGS. Section headings are used herein for convenience of reference only and shall not affect the meaning of any provisions of this Agreement. lN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this Separation Agreement as of the date set forth below: 7 HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE PROMISES SEJ FORTH HEREIN, EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE REFLECTION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT NOW HAVE AGAINST THE CITY, AS SET FORTH ABOVE. ffi ATTEST: CITY CLERK. AUDITOR \v THE CITY OF DANIA By: - Commissioner By: ity Man er STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was executed before me tnis /# day of 1994, by Robert A. Mikes, Robert F. Flatley and Wanda Mullikin as Mayor, City Manager and City Clerk-Auditor, respectively, of the City of Dania, personally known to me. Notary Public State of Florida at Large cll tpU^/e K. 6erfeuePPu-t*rt Type or Print Name of Notary ommt I{Y CC] STATE OF FLORIDA COUNW OF BROWARD Timothy G. Tapp Date Notary Public State of Florida at Larg 8 The foregoing instrument was executed before me by Timothy G. Tapp, personally known to me, this iD aay ot ) o '+. ,'tsgc cler0t* Type or Print Name of Notary I ' ' \ :, t-. - ,--,.&U My commission expires: APPROVED AS TO FORM AND CORRECTNESS BY:.&bL. a&- Frank C. Adler, City Attomey 9 ^/^L&