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HomeMy WebLinkAboutCRA-R-16-0012 ExhibitSEPARATION AGREEMENT AND GENERAL RELEASE BETWEEN THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF MIAMI, AND PIETER A. BOCKWEG This Separation Agreement and General Release ("Agreement") is made and entered into this 24th day of April, 2016, by and between the OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("CRA"), the CITY OF MIAMI ("CITY"), and PIETER A. BOCKWEG ("BOCKWEG"), 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 BOCKWEG'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 CITY of any wrongdoing. 2. Separation Date. BOCKWEG's last day of employment with the CRA will be April 24, 2016. The CRA will provide BOCKWEG with his normal pay and benefits through such date. 3. Severance Pay. The CRA will pay BOCKWEG thirty (30) days' pay and fifty -percent (50%) of BOCKWEG's earned but unused sick leave as of April 24, 2016. This amount will be subject to withholdings for social security, state, and federal payroll taxes and other required payroll withholding and deductions. BOCKWEG understands and agrees that this is extra pay given to him in exchange for his signature on this Agreement and release of claims. BOCKWEG 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. BOCKWEG further agrees he will fully cooperate with the CRA and 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. 4. No Other Pay or Benefits. Except as specifically set forth in this Agreement, BOCKWEG will not be entitled to any further compensation or benefits from the CRA after April 24, 2016. 5. General Release of All Claims. In consideration of the understandings in this Agreement, BOCKWEG, 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, CITY, and its members, insurers, officials, officers, employees, volunteers, agents and attorneys (collectively, the "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, CITY, and any of its agents, officers, elected officials or employees of any and all claims, demands, actions, causes of action, damages, 1 of 4 expenses, or costs whatsoever, whether known or unknown, which BOCKWEG 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, etseq.; 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, 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. BOCKWEG 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. BOCKWEG affirms that he has been paid and/or has received all compensation, wages, bonuses, commissions and/or benefits to which BOCKWEG is entitled to and that no other compensation, wages, bonuses, commissions and/or benefits are due to him, except as provided in this Agreement. BOCKWEG 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 2 of 4 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. 14. Voluntary Nature of Agreement. The Parties are entering this Agreement voluntarily. By his signature below, BOCKWEG acknowledges that he has read and fully understands this Agreement. BOCKWEG is further advised to, and has had the opportunity to, consult with an attorney before signing it. BOCKWEG is also advised that he may take up to twenty-one (21) days after April 24, 2016, 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 day revocation period. Any payments under this Agreement will not be made until after the seven (7) day revocation period. 3 of 4 IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date above. For the CRA: Jason Walker, Executive Director ATTEST: Todd B. Hannon, Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, General Counsel For the City: Daniel J. Alfonso, City Manager ATTEST: Todd B. Hannon, City Clerk APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez, City Attorney 4 of 4 For BOCKWEG: ,Esq. Pieter A. Bockweg I, PIETER A. BOCKWEG, acknowledge and affirm that the signature printed above my name on the above document entitled "SEPERATION AGREEMENT AND GENERAL RELEASE" is my true and legal signature and was affixed to this document by me. Pieter A. Bockweg STATE OF FLORIDA) COUNTY OF MIAMI-DADE) SS: ON THIS day of , 2016, 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 PRINT 5 of 4