HomeMy WebLinkAboutCRA-R-22-0007 Exhibit A - SUBSEPARATION AGREEMENT AND GENERAL RELEASE BETWEEN THE OMNI
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, THE
CITY OF MIAMI, AND JASON WALKER
This Separation Agreement and General Release ("Agreement'l is made and entered into
this 24th day of February, 2022 by and between the OMNI REDEVELOPMENT DISTRICT
COMMUNITY REDEVELOPMENT AGENCY ("CRA'); the CITY OF MIAMI ("CITY"); and
JASON WALKER ("WALKER"), his agents, heirs, executors, administrators, successors and
assigns and anyone who may claim by and though him. Collectively, the parties shall be referred
to as "the Parties." The Parties agree as follows:
The intent of this Agreement is to mutually and finally resolve all matters relating to
WALKER's employment and separation from the CRA.
1. No Admission of Liability. This Agreement should not be construed as an admission by the
CRA or the CITY of any wrongdoing.
2. Separation Date. WALKER's last day of employment with the CRA will be February 24,
2022. The CRA will provide WALKER with his normal pay and benefits through such date.
3. Severance Pay. For the purposes of this Agreement, WALKER's current annual salary is
$180,000.00 ($86.54 per hour) and WALKER's current unused sick leave 822 hours. In order
to mutually and fully resolve all matters relating to WALKER's employment and separation
from the CRA, WALKER shall receive from the CRA:
• Thirty (30) days' pay equivalent to fifteen thousand dollars ($15,000.00).
• Fifty -percent (50%) of WALKER's earned but unused sick leave as of February 24, 2022
equivalent to thirty-five thousand five -hundred sixty-seven dollars and ninety-four cents
($35,567.94).
• Health insurance for a period of two (2) months beginning February 24, 2022 and ending
April 23, 2022.
The total amount of fifty -thousand five -hundred sixty-seven dollars and ninety-four cents
($50,567.94) will be subject to withholdings for social security, state, and federal payroll taxes
and other required payroll withholding and deductions. WALKER understands and agrees that
this is extra pay given to him in exchange for his signature on this Agreement and release of
claims. WALKER further understands and agrees that this pay is in exchange for his agreement
to, upon request, fully cooperate and assist the CRA concerning all matters relating to the
transfer of his responsibilities and knowledge regarding CRA matters. WALKER further
agrees he will fully cooperate with the CRA and the CITY, including providing information
with regard to any litigation or threatened litigation, and any internal or external investigation,
audit or inquiry that he has knowledge of because of his prior employment with the CRA. By
entering into his Agreement, WALKER agrees to waive any and all other compensation to
which he may be entitled.
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11550 Exhibit A -SUB
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4. No Other Pay or Benefits. Except as specifically set forth in this Agreement, WALKER will
not be entitled to any further compensation or benefits from the CRA or the CITY after
February 24, 2022.
General Release of All Maims. In consideration of the understandings in this Agreement,
WALKER, his agents, heirs, executors, administrators, successors, assigns, representatives and
anyone who could claim by and through the Plaintiffs, do hereby forever unconditionally and
irrevocably mutually release, settle, acquit, remise, satisfy and discharge the CRA, the CITY,
and their members, insurers, officials, officers, employees, volunteers, agents and attorneys
(collectively, "Releasees"), in both their official and individual capacities, from all claims,
liabilities, demands and causes known or unknown, fixed or contingent, which he may have,
or claim to have, against the CRA, the CITY, and any of their agents, officers, elected officials
or employees of any and all claims, demands, actions, causes of action, damages, expenses, or
costs whatsoever, whether known or unknown, which WALKER had, has, or may have
including, but not limited to any of the following:
a.Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e-2, et seq.;
b. Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.;
c. Sections 1981 and 1982 of Title 42 of the United States Code;
d. Employment Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq.;
e. Americans with Disabilities Act of 1990, 42 U.S.C. § 12111, et seq.;
f. Fair Labor Standards Act of 1938, 29 U.S.C. §201, et seq., and related wage and hour
provisions under Florida law;
g. Family Medical Leave Act of 1993, 28 U.S.C. §2601, et seq.;
h. Florida Private Whistleblower Act, §448.101, etseq., and related whistleblower provisions
under federal law;
i. Torts of all kinds, including but not limited to misrepresentation, negligence or otherwise,
fraud, defamation, libel, slander, interference with an advantageous business
relationship, battery, negligence, intentional infliction of emotional distress, negligent
security, invasion of privacy, negligent hiring, negligent retention;
j. Breach of contract;
k. Any public policy, contract, debt, or action based on common law; and
1. Any and all civil claims seeking legal relief, equitable relief, pain, mental and physical
suffering, past, present and future damages, and permanent disability, loss of earnings,
earnings capacity, medical (and mental health) bills, expenses, hospitalization expenses,
past, present and future attorney fees, or liens, any and all other insurers' claims,
subrogated interests, either by contract, statute, and/or by common law, loss of service
and/or companionship and loss of substituted services, including, but not limited to, all
compensatory and punitive damages.
WALKER acknowledges and agrees that the releases set forth herein are general releases
which expressly waive and assume the risk of any and all civil claims for damages which exist
as of the date of the execution of this Agreement, but of which the Parties do not know or
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suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and
which, if known, would materially affect either or both Parties' decision to enter into this
Agreement.
6. Affirmations. WALKER affirms that he has been paid and/or has received all compensation,
wages, bonuses, commissions and/or benefits to which WALKER is entitled to and that no
other compensation, wages, bonuses, commissions and/or benefits are due to him, except as
provided in this Agreement. WALKER affirms that he has not filed, caused to be filed, or
presently is a party to any claim, complaint, appeal, action, legal suit or administrative
proceedings with any agency, either individually or jointly, including but not limited to the
U.S. Equal Employment Opportunity Commission, U.S. Department of Labor, Florida
Commission on Human Relations, Florida Department of Labor and Employment Security, or
any other federal, state, or local agency, other than the current law suit styled as the Litigation.
7. Controlling Law. The validity and construction of this Agreement will be governed by the
laws of the State of Florida.
8. Attorney's Fees and Costs. In the event of any litigation relating to this Agreement, each
Party will be responsible for its own attorney's fees, costs, and expenses incurred in bringing
or defending any such proceeding, including any appeals.
9. Venue. In the event of any litigation relating to this Agreement, the Parties mutually agree that
all claims must be brought in the Eleventh Judicial Circuit Court, in and for Miami -Dade
County, Florida.
10. Headings. The headings herein are inserted only as a matter of convenience and reference, and
in no way define, limit, or describe the scope of this Agreement or the intent of the provision
thereof.
11. Severability and Enforceability. The Parties agree that if any provision of this Agreement is
found by a court of competent jurisdiction to be unenforceable, the enforceability of the
remaining provisions will not be impaired.
12. Amendment. This Agreement may not be modified, altered, or changed except upon express
written consent of both Parties wherein specific reference is made to this Agreement. Any
modification of this Agreement must be by written instrument signed by all Parties. Any
modification, alteration, or change will require a public hearing of the Board of Commissioners
of the CRA.
13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and
fully supersedes any and all prior agreements or understandings between the Parties.
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14. Voluntary Nature of Agreement. The Parties are entering this Agreement voluntarily. By his
signature below, WALKER acknowledges that he has read and fully understands this
Agreement. WALKER is further advised to, and has had the opportunity to, consult with an
attorney before signing it. WALKER is also advised that he may take up to twenty-one (21)
days after February 24, 2022 to consider signing this Agreement before signing it, and he may
revoke his signature on this Agreement within seven (7) days of signing it. Any such revocation
must be delivered to the CRA's attorney on or before the expiration of such seven (7) day
revocation period. Any payments under this Agreement will not be made until after the seven
(7) day revocation period.
15. Counterparts and Electronic Signatures. This Agreement may be executed in any number
of counterparts, each of which so executed shall be deemed to be an original and such
counterparts shall together constitute one and the same Agreement. The Parties shall be
entitled to sign and transmit an electronic signatures of this Agreement (whether by facsimile,
PDF, or other electronic transmission), which signature shall be binding on the party whose
name is contained therein. Any party providing an electronic signature agrees to promptly
execute and deliver to the other parties an original signed Agreement upon request.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as
of the Effective Date above.
SIGNATURES ON THE FOLLOWING PAGE
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For the CRA:
Arthur None�a
ATTEST:
Boardof the
APPROVED AS TO FORM AND CORRECTNESS:
n Wndez, General Counsel
��r e City:
Arthur Norie a V, City Manager
ATTEST:
APPROVED,AS TO FORM AND CORRECTNESS:
a
Victoria M' , rty Attorney
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For WALKER:
Jason Walker'
I, JASON WALKER, acknowledge and affirm that the signature printed above my name on the
above document entitled "SEPERATION AGREEMENT AND GENERAL RELEASE
BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT
AGENCY, THE CITY OF MIAMI, AND JASON WALKER" is my true and legal signature and
was affixed to this document by me.
Jason Walker
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE) SS:
ON TtHIS C, 1 day of 1w'� 2022, before me personally appeared
JA` c f`, , known to me to be the person who executed the foregoing Acknowledgment,
Waiver And Release Agreement and acknowledge that he/she executed as his/her free act and deed.
J
SIGN.
PRINT 1 cArA 6. IA r Vw� c n
TODD B HANNON
Notary Public . State of Florida
Commission 0 GG 262214
?o. n My Comm. Expires Sep 25, I022
Bonded through National NotAssn.
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SEPARATION AGREEMENT AND GENERAL RELEASE BETWEEN THE OMNIf
REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY E
CITY OF MIAMI, AND JASON WALKER
C
This Separation Agreement and General Release ("Agreement") i/shall
red into
rT1 this 24th day of February, 2022 by and between the OMNI REDEVETRICT
0 COMMUNITY REDEVELOPMENT AGENCY ("CRA"); the CITY OF"); and
JASON WALKER ("WALKER"), his agents, heirs, executors, adminiors and
assigns and anyone who may claim by and though him. Collectively, the referred
to as "the Parties." The Parties agree as follows:
The intent of this Agreement is to mutually /benstrued
a all matters relating to
WALKER's employment and separation from the CRA
1. No Admission of Liability. This Agreement shoulas an admission by the
CRA or the CITY of any wrongdoing.
2. Separation Date. WALKER's last day of employRA will be February 24,
2022. The CRA will provide WALKER with his nefits through such date.
3. Severance Pay. For the purposes of this Agr ment, WALKER's current annual salary is
$180,000.00 ($86.54 per hour) and WALKE s current unused sick leave 822 hours. In order
to mutually and fully resolve all matters r ting to WALKER's employment and separation
from the CRA, WALKER shall receive f in the CRA:
• Thirty (30) days' pay equivalent t ifteen thousand dollars ($15,000.00).
• Fifty -percent (50%) of WALK 's earned but unused sick leave as of February 24, 2022
equivalent to thirty-five thous d five -hundred sixty-seven dollars and ninety-four cents
($35,567.94).
• Health insurance for a pe od of two (2) months beginning February 24, 2022 and ending
April 23, 2022.
The total amount of fty-thousand five -hundred sixty-seven dollars and ninety-four cents
($50/theeq
567.94) will b ubject to withholdings for social security, state, and federal payroll taxes
er require ayroll withholding and deductions. WALKER understands and agrees that
xtra pa iven to him in exchange for his signature on this Agreement and release of
WAL R further understands and agrees that this pay is inexchange for his agreement
n re est, fully cooperate and assist the CRA concerning all matters relating to the
his responsibilities and knowledge regarding CRA matters. WALKER further
will fully cooperate with the CRA and the CITY, including providing information
gard to any litigation or threatened litigation, and any internal or external investigation,
r inquiry that he has knowledge of because of his prior employment with the CRA. By
g into his Agreement, WALKER agrees to waive any and all other compensation to
e may be entitled.
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4. No Other Pay or Benefits. Except as specifically set forth in this Agreement, WALKER will
not be entitled to any further compensation or benefits from the CPA or the CITY aftey
February 24, 2022. 7
5. General Release of All Claims. In consideration of the understandings in this Agr ment,
WALKER, his agents, heirs, executors, administrators, successors, assigns, represent rves and
anyone who could claim by and through the Plaintiffs, do hereby/ers,
uncondi ' nally and
irrevocably mutually release, settle, acquit, remise, satisfy and dithe C , the CITY,
and their members, insurers, officials, officers, employees, volugen and attorneys
(collectively, "Releasees"), in both their official and individuales rom all claims,
liabilities, demands and causes known or unknown, fixed or conich he may have,
or claim to have, against the CRA, the CITY, and any of their ageers, elected officials
or employees of any and all claims, demands, actions, causes of amages, expenses, or
costs whatsoever, whether known or unknown, which WALK, has, or may have
including, but not limited to any of the following:
a. Title VII of the Civil Rights Act of 1964, 42 U.S.C. §20r,leet
-2, et seq.;
b. Age Discrimination in Employment Act, 29 U.S.C. §6seq.;
c. Sections 1991 and 1992 of Title 42 of the UnitedSt es ode;
d. Employment Retirement Income Security Act of 74, 29 U.S.C. § 1001, et seq.;
e. Americans with Disabilities Act of 1990, 42 U. C. § 12111, et seq.;
f. Fair Labor Standards Act of 1938, 29 U.S. . §201, et seq., and related wage and hour
provisions under Florida law;
g. Family Medical Leave Act of 1993, 28 S.C. §2601, et seq.;
h. Florida Private Whistleblower Act, §4 .101, et seq., and related whistleblower provisions
under federal law;
i. Torts of all kinds, including but limited to misrepresentation, negligence or otherwise,
fraud, defamation, libel, ander, interference with an advantageous business
relationship, battery, negl* ence, intentional infliction of emotional distress, negligent
security, invasion of pri cy, negligent hiring, negligent retention;
j. Breach of contract;
k. Any public policy, c tract, debt, or action based on common law; and
1. Any and all civil aims seeking legal relief, equitable relief, pain, mental and physical
suffering, past resent and future damages, and permanent disability, loss of earnings,
earnings ca city, medical (and mental health) bills, expenses, hospitalization expenses,
past, pre t and future attorney fees, or liens, any and all other insurers' claims,
subrog d interests, either by contract, statute, and/or by common law, loss of service
and/ companionship and loss of substituted services, including, but not limited to, all
co pensatory and punitive damages.
7chA R acknowledges and agrees that the releases set forth herein are general releases
expressly waive and assume the risk of any and all civil claims for damages which exist
he date of the execution of this Agreement, but of which the Parties do not know or
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suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, a
which, if known, would materially affect either or both Parties' decision to enter into is
Agreement.
6. Affirmations. WALKER affirms that he has been paid and/or has received all co ensation,
wages, bonuses, commissions and/or benefits to which WALKER is entitled ttm.,
nd that no
other compensation, wages, bonuses, commissions and/or ben/ent
e to except as
provided in this Agreement. WALKER affirms that he has nu to be filed, or
presently is a party to any claim, complaint, appeal, action' or administrative
proceedings with any agency, either individually or jointly, int not limited to the
U.S. Equal Employment Opportunity Commission, U.S. Dof Labor, Florida
Commission on Human Relations, Florida Department of Laborloyment Security, or
any other federal, state, or local agency, other than the current laled as the Litigation.
7. Controlling Law. The validity and construction of this cement will be governed by the
laws of the State of Florida.
8. Attorney's Fees and Costs. In the event of any 1' gction relating to this Agreement, each
Party will be responsible for its own attorney's f s, costs, and expenses incurred in bringing
or defending any such proceeding, including a appeals.
9. Venue. In the event of any litigation
all claims must be brought in the 1
County, Florida.
to this Agreement, the Parties mutually agree that
Judicial Circuit Court, in and for Miami -Dade
10. Headings. The headings herein inserted only as a matter of convenience and reference, and
in noway define, limit, or des ibe the scope of this Agreement or the intent of the provision
thereof.
11. Severabili and Enfo eabili .The Parties agree that if any provision of this Agreement is
found by a court o competent jurisdiction to be unenforceable, the enforceability of the
remaining provisi s will not be impaired.
12. Am/coent
his Agreement may not be modified, altered, or changed except upon express
wriof both Parties wherein specific reference is made to this Agreement. Any
mothis Agreement must be by written instrument signed by all Parties. Any
moeration, or change will require a public hearing of the Board of Commissioners
of t
13JEntire Agreement. This Agreement constitutes the entire agreement between the Parties, and
fully supersedes any and all prior agreements or understandings between the Parties.
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14. Voluntary Nature of Agreement. The Parties are entering this Agreement voluntarily. y his
signature below, WALKER acknowledges that he has read and fully underst ds this
Agreement. WALKER is further advised to, and has had the opportunity to, con t with an
attorney before signing it. WALKER is also advised that he may take up to tw ty-one (21)
days after February 24, 2022 to consider signing this Agreement before signi it, and he may
revoke his signature on this Agreement within seven (7) days of signing it. such revocation
must be delivered to the CRA's attorney on or before the expiration o such seven (7) day
revocation period. Any payments under this Agreement will not be it./such
until after the seven
(7) day revocation period.
15. Counterparts and Electronic Signatures. This Agreement y be executed in any number
of counterparts, each of which so executed shall be dee d to be an original and such
counterparts shall together constitute one and the same greement. The Parties shall be
entitled to sign and transmit an electronic signatures of is Agreement (whether by facsimile,
PDF, or other electronic transmission), which signa e shall be binding on the party whose
name is contained therein. Any party providing electronic signature agrees to promptly
execute and deliver to the other parties an origin signed Agreement upon request.
IN WITNESS WHEREOF, thYONhTHE
o have caused this instrument to be executed as
of the Effective Date above.
SIGNATU FOLLOWING PAGE
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"1 For the CRA:
C
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ATTEST:
Todd B. Hannon, Clerk of the Board
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez, General Counsel
For the City:
Arthur Noriega V, City Manager
ATTEST:
Todd B. Hannon, (Ay Clerk
APPROVEr TO FORM AND CORRECTNESS:
V' toria Mendez, City Attorney
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For WALKER:
Jason Walkeron
I, JASON WALKER, acknowledge and affirm that the signature printed above my One on the
above document entitled "SEPERATION AGREEMENT AND GENERA RELEASE
BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY RED ELOPMENT
AGENCY, THE CITY OF MIAMI, AND CORNELIUS SHIVER" is my true d legal signature
and was affixed to this document by me.
Jasot Valle
STATE OF FLORIDA)
COUNTY OF MIAMI-DADE) SS:
ON THIS day of
known to me to be the
Waiver And Release Agreement and acknowledge
_ 2022, before me personally appeared
on who executed the foregoing Acknowledgment,
he/she executed as his/her free act and deed.
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