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Home My WebLink AboutR-1997-171 i RESOLUTION NO. 171-97 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN SEPARATION AGREEMENT BETWEEN THE CITY OF DANIA AND MONICA GRIFFITH; 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 Monica Griffith, a copy of which is attached hereto and made a part hereof 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 this 9 d;AYOR-00MKfSSIONER of Decemb 97. ATTEST: i CITY CLERK- UDITOR APPR D S TO F ND CORRECTNESS: BY: .4- - ITY A C ORNEY I RESOLUTION NO. 170-97 �b r SEPARATION AGREEMENT d The CITY OF DANIA, ("City") and MONICA GRIFFITH, her 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 hereby agrees to resign her employment with City effective December 19, 1997. 2. Consideration. In consideration for Employee's waiver of all claims against the City and the promises made by Employee in this Agreement, the City agrees to provide the following to Employee: A. Lump Sum Payment. The City promises to pay Employee the gross amount of $10,400.01, reduced by deductions required by law, in a lump sum. Employee agrees that this gross amount of money represents three (3) months of Employee's regular salary and one hundred percent (100%) of the value for all of Employee's accrued vacation, sick and personal leave as of December 19, 1997. The lump sum of payment will be paid to Employee within ten (10) days following the expiration of the revocation period set forth in Section 10.13 of this Agreement, or on December 19, 1997, whichever date occurs last. B. Medical Benefits. The City promises to continue to pay Employee's current monthly medical insurance benefits under the City's insurance plan for coverage through March 31, 1998. Employee understands and acknowledges that she would not receive the benefits provided pursuant to this Section 2 except for her waiver of claims against the City and the fulfillment of the promises contained in this Agreement. 3. Waiver of Rights and Claims Against the City. Employee knowingly and voluntarily waives any and all known and unknown rights and claims which she has or may have against the City, the City Manager, and/or any of its elected and appointed officials, current or former officers, managers, employees and agents, in both official and individual capacities, as of the date of execution of this Agreement, including but not limited to any alleged violation of: Title VII of the Civil Rights Act of 1964, as amended, including the Civil Rights Act of 1990; Sections 1981 through 1988 of Title 42 of the United States Code; The Employee 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; XISIBIT "� ,' The Fair Labor Standards Act; The Equal Pay Act of 1963; The National Labor Relations Act; 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; The Florida Wage and Hour Laws; The Florida Occupational Safety and Health Laws; Any other federal, state, county or local civil or human rights law or any other federal, state, county or local law, regulation or ordinance; or Any public policy, contract, common law, statutory, or constitutional claim, including any tort claims (i.e., negligent or intentional infliction of emotional distress, defamation, assault, battery, false imprisonment, wrongful termination, etc.) whether based on common law or otherwise. The foregoing list is meant to be illustrative rather than exhaustive. 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. Employee acknowledges and agrees that this Agreement constitutes a full and final bar to any and all claims of any type that she now has against the City, the City Manager, and/or any of its elected and appointed officials, former and current officers, managers, employees and agents, in both official and individual capacities. Notwithstanding the foregoing, the waiver set forth in this Section 3: Shall not apply to any benefits in which Employee is now or becomes vested prior to the effective date of her resignation under any compensation or benefit plans, programs and arrangements maintained by the City for the benefit of its employees; Does not waive any claim that may arise after the effective date of this Agreement. 4. No Lawsuits. Employee promises not to institute or have instituted on her behalf any lawsuit against the City, City Manager, and/or any of its elected or appointed officials, current or former officers, managers, employees, or agents, in both official and individual capacities, based upon any claim she is waiving in Section 3 above. Employee agrees that with respect to the claims she is waiving herein, she is waiving not only her right to recover money or other relief in any action that she might institute, but also that she is waiving her right to recover money or other relief in any action that might be brought on her behalf by any other person or entity, including but not limited to the United States Equal Employment Opportunity Commission or 1 any other federal, state or local governmental agency or department. 5. No Re-employment. Employee agrees that she is not entitled to employment at the City in the future, and will not apply for re-employment at the City. 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 herself 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. 7. Breach of Agreement. A. Employee agrees that if she 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 her pursuant to this Agreement. B. In addition, Employee agrees that if she breaches the promises set forth in Sections 3 and 4 of this Agreement and institutes a lawsuit or causes a lawsuit to be instituted based upon any claims that she has waived in this Agreement, or if she institutes a lawsuit to challenge this Agreement, she will pay all costs and attorneys' fees incurred by the City in defending against any such claim or challenge to this Agreement. 1 8. Adequate Consideration/Additional Consideration. Employee agrees that payment to her of the money and benefits pursuant to Section 2 of this Agreement constitutes adequate and ample consideration for the rights and claims she is waiving under this Agreement and for the obligations imposed upon her by virtue of this Agreement. Further, Employee agrees that this Agreement provides her with additional or extra consideration to waive any claim of age discrimination that she might now have against the City. 9. Encouragement to Consult Attorney. A. The City hereby encourages Employee to consult her attorney before signing this Agreement. B. Employee acknowledges that she had adequate opportunity to consult with an attorney before signing this Agreement. 10. Time to Consider Signing Agreement/Right to Revoke. A. Employee acknowledges that she has been given at least twenty-one (21) days after receipt of this Agreement to consider and to decide whether to sign this Agreement. B. Employee understands that she may revoke this Agreement within seven (7) days following the day she executes this Agreement. Any revocation within that period must be l submitted, in writing, to Michael Smith, City Manager, City of Dania, 100 West Dania Beach Boulevard, Dania, Florida 33304-3699, and state, "I hereby revoke the Separation Agreement." The revocation must be mailed to and postmarked, or personally delivered to Michael Smith within seven(7) days of Employee's execution of this Agreement. 11. Effective Date. This Agreement shall not become effective or enforceable until after the expiration of the seven-day revocation period described in Section 10 above. 12. 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 unlawful conduct. To the contrary, the City denies that it is in any way liable to Employee. 13. Governing Law and Interpretation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. If 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 the waiver language of Section 3 of this Agreement is declared unenforceable because of actions taken by Employee, or on her behalf, Employee shall return to the City all monies paid to her under this Agreement. 14. Entire Agreement. 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 she has not relied on any representations, promises, or agreements of any kind made to her in connection with her decision to sign this Agreement except for those set forth in this Agreement. 15. Amendment. This Agreement may not be amended except by written agreement signed by both parties. 16. Headings. Section headings are used herein for convenience of reference only and shall not affect the meaning of any provisions of this Agreement. 17. Disputes. In the event of a dispute as to the interpretation, application or violation of this Agreement, it is understood and agreed that such dispute shall be submitted to final and binding arbitration in Broward County, Florida, pursuant to the rules of the American Arbitration Association. HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE PROMISES SET FORTH HEREIN, FREELY AND KNOWINGLY, AND AFTER DUE REFLECTION, EMPLOYEE ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS SHE HAS OR MIGHT NOW HAVE AGAINST THE CITY. IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily executed this Separation Agreement as of the date set forth below. CITY OF DANIA Attest: By: _ By: Marie Jabalee, City Clerk Robert Mikes, Mayor By: Michael W. Smith, City Manager APPROVED AS TO FORM& CORRECTNESS: BY: Timothy Ryan, Interim City Attorney Date: i I j MONICA GRIFFITH By: Signature Date: STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was executed before me this day of 1997, by MONICA GRIFFITH, who is personally known by me [or who has produced as identification] and who took an oath. Notary Public State of Florida at Large Type or Print Name of Notary My Commission Expires: t .„i �. Y „��, , A . s ; ��, ar,",zr� �T.��; k„ �siBo,� � r " 4 d � C(l�, � �. �� a ��';t � �� 'y t� ,r�r, ,., �",� s ,« r `i'i; / .. �r.� � . . . �, � .. ,:',. ., ,,�; ;��. <5ii �^� ., ��e ��"�� e a{�� Q� �t v dw 4� l F r Y:24 .F :\r ' c *;�� i?t... _i � .,;i r �r��? Y C°��`�� s ee)) 3 �r 5��( E ��Q�y h4��l\�' ��:��r �h 45 � I �l �,'�� 6°�>ryn � .s �-�«h, `�� era` �, �r p � hf ;- C.'..'drl.... . .',{. ., , . .. . .. ,.,' _ i. J