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HomeMy WebLinkAboutCRA-R-23-0048 Exhibit AMUTUAL SEPARATION AGREEMENT BETWEEN H. BERT GONZALEZ AND THE MIAMI OMNI COMMUNITY REDEVELOPMENT AGENCY, WITH A GENERAL RELEASE OF ALL CLAIMS This Mutual Separation Agreement and General Release (hereinafter, "Agreement") is made and entered into this // day of October, 2023, by and between H. BERT GONZALEZ (hereinafter "GONZALEZ"), his agents, heirs, executors, administrators, successors, assigns, and anyone who may claim by and though him and THE MIAMI OMNI COMMUNITY REDEVELOPMENT AGENCY (hereinafter "OMNI CRA"), a governmental agency organized and existing pursuant to the laws of the State of Florida. Collectively, the parties shall be referred to as the "Parties." The Parties agree as follows: WHEREAS, in consideration for GONZALEZ's tirne working at the OMNI CRA and for the purposes of avoiding costly litigation, the Parties mutually desire to reach an amicable resolution in regards of the separation of his employment due to the fact that his services are no longer needed. In furtherance of the Parties mutual wishes, the Parties desire to enter into this Agreement. NOW, THEREFORE, in consideration of the covenants, representations, and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, GONZALEZ agrees to be legally bound by the following terms and conditions which shall constitute a full waiver of any and all claims, attorneys' fees, and any and all costs which GONZALEZ may believe he has in connection with his employment with the OMNI CRA: 1. RECITALS. The recitals and findings contained in the Preamble to this Agreement are adopted by reference and incorporated as if fully set forth in this Section. 2. CONSIDERATION. In consideration for execution of this Agreement, the OMNI CRA agrees to extend to GONZALEZ: a) Payment for GONZALEZ's accrued 224 hours of sick leave, totaling $24,774,40; b) Payment for GONZALEZ's accrued 336 vacation hours, totaling $37,161.60; In return for the foregoing, GONZALEZ agrees to the following: 3. MUTUAL GENERAL RELEASE OF CLAIMS. GONZALEZ, his agents, heirs, executors, administrators, successors, assigns, agents, representatives, and anyone who could claim by and through GONZALEZ do hereby forever unconditionally and irrevocably mutually release, settle, acquit, remise, satisfy, and discharge the OMNI CRA, any of its officials, agents, officers, or ernployees from any and all claims, liabilities, demands, and causes known or unknown, fixed or contingent, which he may have or claim to have against the OMNI CRA and any of its agents, officers, officials, or employees of any and all claims, demands, actions, causes of action, damages, expenses, or costs whatsoever, whether known or unknown, which GONZALEZ had, has, or may have including, but not limited to any of the following: Page 1 of 5 MUTUAL SEPARATION AGREEMENT BETWEEN H. BERT GONZALEZ AND OMNI CRA 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.G. § 1001, et seq.; e. Americans with Disabilities Act of 1990, 42 U.S.C. § 1.211.1, 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, 28U.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 L 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. GONZALEZ 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 GONZALEZ may have against the OMNI CRA and 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. 4, ACKNOWLEDGMENTS. The Parties acknowledge that they have read and understood this Agreement and specifically acknowledge that they have beenadvised to consult with an attorney and have had sufficient opportunity to do so prior to executing this Agreement. GONZALEZ understands that he has twenty-one (21) days to consider signing this Agreement and that he may revoke his signature within seven (7) days after signing the Agreement. The Parties agree that the Agreement shall not become effective until eight (8) days after GONZALEZ's signature on this Agreement. 5. AFFIRMATIONS. GONZALEZ affirms that he has been paid and/or has received all past compensation and wages (except for current payroll), bonuses, commissions, and/or benefits to which GONZALEZ may be entitled to and that no other past compensation, wages, bonuses, commissions, and/or benefits are due to him, except as provided in this Agreement. GONZALEZ affirms that he has not filed, caused to be filed, or is presently 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 Page 2 of 5 MUTUAL SEPARATION AGREEMENT BETWEEN H. BERT GONZALEZ AND OMNI CRA Conunission, 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. 6. GOVERNING LAW AND INTERPRETATION. This Agreement shall be governed by the laws of the State of Florida with venue in Miami -Dade County without regard to its conflict of laws provision. 7. NO ADMISSION OF WRONGDOING, The Parties agree that neither this Agreement nor the furnishing of the consideration for same shall be deemed or construed at any time for any purpose as anadmission by the OMNI CRA of any liability or unlawful conduct of any kind. 8. BREACH OF AGREEMENT. The General Release prevision set forth above shall not be construed to cover any breaches or violations of the terms and provisions of this Agreement, including the Confidentiality provision. The Parties agree that any breach ofthis Agreement shall be resolved in the Eleventh Judicial Circuit of Miami -Dade County. 9. 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 and approval of the Board of the Trust at a publicly noticed meeting. Any modification of this Agreement must be by written instrument signed by all Parties. 10. SEVERABILITY. Each provision of this Agreement is intended to be fully severable should any provision ofthis Agreement be declared illegal or unenforceable by any court of competent jurisdiction and cannot be modified to be enforceable, excluding the general release provision set forth above, such provisions shall immediately become null and void, leaving the remainder of this Agreement in full force and affect. However, should a court of competent jurisdiction declare the general release provision unenforceable for any reason, the disputes shall remain resolved, and the Parties shall redraft the provision to make it enforceable. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and fully supersedes any and all prior agreements or understandings between the Parties_ 12. 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 but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email 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. 13. GONZALEZ further states that he has carefully read this Agreement and that he fully understands its contents, that he is of legal age, that he has has signed this document on his own free act and has not been influenced in making entering into this Agreement by any representation of the party or parties being released. Page 3 of 5 MUTUAL SEPARATION AGREEMENT BETWEEN H. BERT GONZALEZ AND OMNI CRA IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of the Effective Date above. STATE OF FLORIDA, ) COUNTY OF MIAMI-DADE) SS: ON THIS day of 2023, before me personally appeared H, BERT GONZALEZ, 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 Page 4 of 5 MUTUAL SEPARATION AGREEMENT BETWEEN H. BERT GONZALEZ AND OMNI CRA Interim Executive Director, OMNI CRA STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) SS: ON THIS day of 2023, 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 Page 5 of 5