HomeMy WebLinkAboutCRA-R-21-0050 Submittal-SEOPW-Separation AgreementSEPARA T i^vN AGREEMENT AND GENERAL RELEASE BETWEEN THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT
AGENCY, THE CITY OF MIAMI, AND CORNEILUS SHIVER
This Separation Agreement and General Release ("Agreement") is made and entered into
this 18th day of November, 2021, by and between the SOUTHEAST OVERTOWN/PARK
WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA"); the CITY OF MIAMI
("CITY"); and CORNEILUS SHIVER ("SHIVER"), 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
SHIVER'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. SHIVER's last day of employment with the CRA will be November 18,
2021. The CRA will provide SHIVER with his normal pay and benefits through such date.
3. Severance Pay. The CRA will pay SHIVER ninety (90) days' pay, one hundred percent
(100%) of SHIVER's earned but unused sick leave as of November 18, 2021, and health
insurance for SHIVER for a period of nine (9) months. This amount will be subject to
withholdings for social security, state, and federal payroll taxes and other required payroll
withholding and deductions. SHIVER understands and agrees that this is extra pay given to
him in exchange for his signature on this Agreement and release of claims. SHIVER 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. SHIVER 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.
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3 2 P 4. No Other Pay or Benefits. Except as specifically set forth in this Agreement, SHIVER will
o z not be entitled to any further compensation or benefits from the CRA or the CITY after
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W o o 0. November 18, 2021.
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° 3 -' ' 5 5. General Release of All Claims. In consideration of the understandings in this Agreement,
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5 N M SHIVER, his agents, heirs, executors, administrators, successors, assigns, representatives and
o N s anyone who could claim by and through the Plaintiffs, do hereby forever unconditionally and
o ~ S 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,
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expenses, or costs whatsoever, whether known or unknown, which SHIVER 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.;
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b. Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.;
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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.;
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e. Americans with Disabilities Act of 1990, 42 U.S.C. §12111, et seq.;
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f. Fair Labor Standards Act of 1938, 29 U.S.C. §201, et seq., and related wage and hour
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provisions under Florida law;
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g. Family Medical Leave Act of 1993, 28 U.S.C. §2601, et seq.;
h. Florida Private Whistleblower Act, §448.101, et seq., 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.
SHIVER 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 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. SHIVER affirms that he has been paid and/or has received all compensation,
wages, bonuses, commissions and/or benefits to which SHIVER is entitled to and that no
other compensation, wages, bonuses, commissions and/or benefits are due to him, except as
provided in this Agreement. SHIVER 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,
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or any other federal, state, or local agency, other than the current law suit styled as the
Litigation.
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0 v CL �* 7. Controlling Law. The validity and construction of this Agreement will be governed by the
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E! o o "0 ° laws of the State of Florida.
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r+ 0 o M 8. Attorney's Fees and Costs. In the event of any litigation relating to this Agreement, each
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N Party will be responsible for its own attorney's fees, costs, and expenses incurred in bringing
a S " 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.
14. Voluntary Nature of Agreement. The Parties are entering this Agreement voluntarily. By
his signature below, SHIVER acknowledges that he has read and fully understands this
Agreement. SHIVER is further advised to, and has had the opportunity to, consult with an
attorney before signing it. SHIVER is also advised that he may take up to twenty-one (21)
days after November 18, 2021, 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.
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15. Clouriteruarts and Electronic Signatures. This Agreement may be executed in any number
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of counterparts, each of which so executed shall be deemed to be an original and such
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n 3 counterparts shall together constitute one and the same Agreement. The Parties shall be
a la S. ; 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
0 3 r fD o art whose name is contained therein. An art providing an electronic signature agrees to
o' �' s party Yp party g g �
3 � 0 promptly execute and deliver to the other parties an original signed Agreement upon request.
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a 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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Submitted into the public
record in connection with
Item NA.1 on 11 18 2021
Todd B. Hannon
For the CRA:
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, City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Victoria Mendez, City Attorney
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Clerk of the Board
Submitted into the public
record in connection with
Item NA.1 on 11/18/2021
Todd B. Hannon
Clerk of the Board
For SHIVER:
S
I, CORNEILUS SH ER, acknowledge and affirm that the signature printed above my name on
the above docume t entitled "SEPERATI P N AGREEMENT AND GENERAL RELEASE
BETWEEN THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMEN AGENCY, THE CITY OF MIAMI, AND CORNELIUS SHIVER" is my
true and legal signa uuo and armed to this document by me.
Cornelius
STATE OF FLORIDA) /
r
COUNTY OF MIAMI-DADE) SS:
ON THIS day of , 2021, before me personally appeared
, 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.
SIGNATURE
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