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HomeMy WebLinkAbout23792AGREEMENT INFORMATION AGREEMENT NUMBER 23792 NAME/TYPE OF AGREEMENT OMNI CRA & JASON WALKER DESCRIPTION SEPARATION AGREEMENT/GENERAL RELEASE BETWEEN OMNI CRA & JASON WALKER EFFECTIVE DATE February 24, 2022 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/24/2022 DATE RECEIVED FROM ISSUING DEPT. 2/24/2022 NOTE 31ga SEPARATION 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") 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. 1 of 6 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. 5. General Release of All Claims. 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, 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. 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 2 of 6 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. 3 of 6 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 4 of 6 ria.Mendez, General Counsel ctyaeto /iy,. i Itcr the City: For the CRA: Arthur Noriea ATTEST: Todd B. Hannon of the Board APPROVED AS TO FORM AND CORRECTNESS: Nori a V, City Manager ATTEST: Todd B. Hannon, APPROVE S TO FORM AND CORRECTNESS: 5of6 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 TIES 1 day of f2- D(" Q Y 2022, before me personally appeared ` ,� as ao, t 3 �� 1, 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. SIGN C PRINT bd\dt `) - c v-1 V\ OY \ j �a�'6� •., TODD B HANNON �— FA Notary Public - State of Florida A, Eli Commission # GG 262274 ". �'or nJ '• My Comm. Expires Sep 25, 2022 Bonded through National Notary Assn. 6 of 6 oiR