2012-28107 ResoqQ
RESOLUTION NO. 2012-28107
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SETTLEMENT
AGREEMENT BETWEEN THE CITY AND FORMER CITY
MANAGER JORGE GONZALEZ, IN FULL AND FINAL
SETTLEMENT OF ANY AND ALL CLAIMS INCLUDING,
BUT NOT LIMITED TO, MR. GONZALEZ'S RIGHTS TO
ANY SEVERANCE AND OTHER PAYMENTS WHICH MAY
NOW OR HEREINAFTER BE DUE UNDER THAT
CERTAIN EMPLOYMENT AGREEMENT BETWEEN THE
CITY AND MR. GONZALEZ, DATED JULY 26, 2000
(INCLUDING ANY AMENDMENTS THERETO).
WHEREAS, the City of Miami Beach, Florida (the City) and Jorge Gonzalez
(Gonzalez) entered into an Employment Agreement, dated July 26, 2000, pursuant to
which terms and conditions the City agreed to retain Gonzalez as the City of Miami
Beach City Manager (the Employment Agreement and any duly approved written
amendments thereto are hereinafter collectively referred to as the Employment
Agreement); and
WHEREAS, Gonzalez was employed by the City as City Manager until his
resignation, effective July 8, 2012; and
WHEREAS, at its regular meeting on October 24, 2012, the Mayor and City
Commission approved the financial and other substantive terms of Gonzalez's
severance payment, as may be due Gonzalez pursuant to the terms of the Employment
Agreement; and, accordingly, the City Attorney's Office and Gonzalez have negotiated
the attached Settlement Agreement with Mutual Full and General Waiver and Release
of All Claims (the Settlement Agreement); and
WHEREAS, in consideration of the payments and other benefits to be received
by Gonzalez under the Settlement Agreement as part of his severance payment
following his resignation from the City (such specific payments and other benefits being
set forth in further detail in such Settlement Agreement), Gonzalez agrees to fully
release the City and now and forever waive any and all claims against the City
including, without limitation, any claims that may now or hereinafter arise pertaining to
the Employment Agreement, and/or concerning Gonzalez's employment and separation
from the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission hereby approve and authorize the Mayor and City Clerk to
execute a Settlement Agreement between the City and former City Manager
Jorge Gonzalez, in full and final settlement of any and all claims including, but
not limited to, Mr. Gonzalez's rights to any severance and other payments which
may now or hereinafter be due under that certain Employment Agreement
between the City and Mr. Gonzalez, dated July 26, 2000 (including any
amendments thereto).
PASSED AND ADOPTED this o211 ?'ti day of OC'fbt(, 2012.
ATTEST:
CITE' CLERK
F:'Att&Agur\Resos-Ord\Jorge Gonzalez Settlement Agreement Reso (12-20-12).Docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXEC TION
Cit - Date
Afteraction October 24, 2012 City of Miami Beach
8:23:07 p.m.
R9F Discussion Regarding Update On The Negotiations With Former City Manager Jorge Gonzalez.
(City Attorney's Office)
ACTION: Discussion held. Motion made by Commissioner Libbin to approve $440,000, offset by
the value of ten months of insurance; seconded by Commissioner Gongora. Either we pay him
for the one-year insurance or the City pays the premium he is asking for, not both. Ballot vote; 5-
2; Opposed, Commissioners Tobin and Wolfson. City Attorney's Office to handle.
Jose Smith, City Attorney, provided an update on the negotiations. He stated that after analyzing
all the items that are compensable, the amount the City is responsible to the former City Manager,
Jorge Gonzalez, is $420,500. There are other issues about his car, his laptop and his iPad. There
is a dispute as to whether he is entitled to one year of pension credit. There was an issue
involving the cost of the one-year worth of pension that the City Manager believes he is entitled to
as part of aggregate compensation. Jorge Gonzalez believes that the number is $150,000,
reduced to present value, and it depends what numbers are used, but roughly after speaking with
the Pension Board, that number came to about $150,000 over Mr. Gonzalez's lifetime. Mr. Smith's
position is that he does not believe Mr. Gonzalez is entitled to that one-year worth of credit. In
order to avoid the uncertainty and the cost of litigating that issue and putting the matter to rest, Mr.
Smith came to an understanding with Jorge Gonzalez, the former City Manager, and prepared a
term sheet that allows for the sum of $35,000 as that piece of the claim in order to resolve that
one issue. Mr. Smith believes that is a reasonable amount and that saves the City money,
because they would not have to spend that amount of money in litigation, and it would avoid
uncertainty. The former City Manager also has asked for additional health care insurance through
May 2013.
Include In The Total Aggregate Compensation:
✓ 144 hours of planning days
✓ 96 hours. of sick leave, which is payable at 50%
✓ 136 hours vacation leave
✓ 24 hours of floaters
✓ 8 hours of birthday leave; and
✓ Additional 96 hours of vacation in the bank
For a total of 504 hours, which amounts to approximately $50,000.
Discussion held.
Commissioner Tobin will like to know the value of all the accrued time for a separation
agreement. He will like to see the value of his separation check. City Attorney's Office to
handle.
Discussion continued.
Commissioner Tobin inquired if former Manager Gonzalez was requesting the City to both pay for
the health insurance for him and his family through May 2013 and in addition, he is asking for
$27,000 for health insurance. Mr. Smith responded in the affirmative,
Commissioner Gongora stated that we need to check the insurance issue.
Commissioner Libbin stated that he asked the City Attorney how much will it cost to go to
arbitration and the cost is $35,000. He stated that it is a business decision and the arbitrator may
award Gonzalez more. Commissioner Libbin suggest for the City to agree to the $440,000, but
not pay it until the other items are agreed on.
Prepared by the City Clerk' Office Page No. 54
F:\OLER\COMMON\2012\20121024\20121024 FINAL.docx
Afteraction October 24, 2012 City of Miami Beach
I
Commissioner Tobin stated that he would like to put the final figures in writing and present it to
Mr. Gonzalez, for him to either take it, or go to litigation.
Jose Smith, City Attorney, stated that item leave bank payout is a matter of law and not
negotiable.
Commissioner Tobin stated that if we owe him as a matter of law, cut him a check. He would like
to offer him a take it or leave it on all the other issues.
Discussion continued.
Mayor Bower asked for a motion.
'Motion made by Commissioner Libbin to pay the former Manager the $440,000.
Commissioner G6ngora asked if the $440,000 included the $27,000 for double health insurance
Mr. Libbin responded "no."
Commissioner G6ngora asked Commissioner Libbin if the motion was to pay the former Manager
what he is entitled pursuant to contract; to resolve the disputed pension credit at $35,000; but not
agree to the additional charge for double insurance. Commissioner Libbin stated that
Commissioner G6ngora had correctly interpreted his motion.
Motion seconded by Commissioner G6ngora.
Mr. Smith wanted to clarify, because the former City Manager had been very clear on this issue,
that health insurance is an item that the former City Manager believes he is entitled to.
,I. Commissioner G6ngora explained that this was a "take it or leave it" motion. He does not want to
( see this item back again. If not accepted, it goes wherever it needs to go.
Commissioner Libbin commented that if this Commission made a motion to pay the former
Manager his health insurance through May 2013, they now have to live with that.
Voice vote: 4-3; Opposed: Commissioners Tobin, Weithorn and Wolfson.
Commissioner Tobin stated that after the former City Manager came in after being discharged, he
requested health insurance. Commissioner Tobin would agree to give the contractually
mandated health insurance, but not the additional $35,000, on the disputed number.
Commissioner Weithorn stated that if they wanted to change that motion to add that they would
include an offset for the health insurance, then she would be amenable to change her vote.
Commissioner Libbin restated the motion as amended. Motion to pay the $440,000, with the
C.„,cfjustwi,at_ cessary for the offset for health insurance; seconded by Commissioner G6ngora.
oice vote: 6-1; Opposed: Commissioner Wolfson.
Commissioner Tobin stated that he did not want to pay the $35,000.
Commissioner Weithorn stated that she would be agreeable to pay the $35,000, as this was
equivalent to the legal fees. Commissioner Weithorn just cannot agree to a double dip. She also
stated that this is all subject to the former City Manager signing a release, and on the day of the
release the City writes a check, and they are done.
Prepared by the City Clerk' Office Page No. 55
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Afteraction October 24, 2012 City of Miami Beach
Commissioner Tobin requested to see the draft of the settlement agreement and release. City
Attorney's Office to handle.
Motion read:
Motion made by Commissioner Libbin to approve $440,000, offset by the value of ten months of
insurance; seconded by Commissioner Gongora. (Either City to pay the former Manager for the
one-year of insurance or the City to pay the premium he is asking for, not both.) Ballot vote; 5-2;
Opposed, Commissioners Tobin and Wolfson. Motion carries.
9:32:14 p.m.
R9G Discussion Regarding Middle Beach Recreational Corridor - Phase 1.
(Requested by Commissioner Edward L. Tobin)
ACTION: Item not reached since Commissioner Tobin was absent.
8:11:55 p.m.
R9H Discussion On Giving Guidance To The IT Steering Committee To Review The Pros And Cons Of
Becoming A Paperless Environment And Create New Policies And Procedures To Be
Implemented Within The City Of Miami Beach,
(Requested by Vice -Mayor Jorge R. Exposito)
ACTION: Discussion held. Item referred to the Finance and Citywide Projects Committee
by acclamation. Patricia Walker to place on the committee agenda. Gladys Gonzalez to
handle.
7:38:51 p.m.
R91 Discussion Regarding Assisting Jewish Community Services (JCS) With Temporary Facility
During Renovations.
(Requested by Commissioner Edward L. Tobin)
ACTION: Discussion held.
Fred Stock, MSW President and Chief Executive Officer, Jewish Community Services of South
Florida, explained that over the past two years there has been a tremendous partnership
developed with the City, Miami -Dade County, Dade County School Board and JCS, and funds
have been put together to rehabilitate this facility beginning sometime in January. That would
necessitate relocating from the building for four to five months, and the JCS is looking for an
appropriate space to house the facility while renovations are being completed. He asked for
assistance to find space.
Discussion held.
Max Sklar, Acting Assistant City Manager, stated that the Administration has actively been
searching for the space needed. They have reached out to churches, synagogues and non-profit
organizations, but have not been able to meet their needs.
Fred Stock suggested using the 6th Street Community Center.
Mayor Bower asked the Administration to investigate the space available at the 6th Street
Community Center, and enter into an agreement if possible, Max Sklar to handle.
Prepared by the City Clerk' Office Page No. 56
F:\CLER\COMMON\2012120121024\20121024 FINAL.docx
$14:TILEMENT AGREEMENT WITH MUTUAL
yspLI„, AND GENERAL WAIN:BRAN1)..)01;14.EAS.E, OFALL CLAIMS
This sEralmeNT AGREEMENT WITH MUTUAL FULL, AND (iENERAL
WM V R AND RELEASE OF ALL CLAIMS (Agreement") k entered into by .JORGE
GONZ44si.EZ (hereinafter ;fretted t* as "GONZALEZ") and the CITY OF MIAMI BEACH.
T-ne CITY OF MIAMI BEACH is defined to include any and ail related viatities and
subdivisions; as well as all respective Rrriner and current tommission members,, city managers
:.c1her than GONZALEZ.), city clerks, directors, administrators, agents, -department heads,
superv'‘sors, employees, attorneys, representatives, insurers, and officials (ll in their official and
individual capacities), as. well ;is their heirs, executors, administrators, predecessors, successors,
ins!Jrcrs, rtsigns, and all other persons, partnerships, firms or corporations, and their insurers
\Ow, are related to the CITY OF MIAMI BEAM, and all will. be collectively referred u' in this
Agr:MILICIIL as the "CITY".
WIIRRI3AS, GONZALEZ was employed by the CITY as City Manager far
zipproximately 12 years until hi resignation efft,vtive July 8, 201.2; and w being paid from his
1.enve Airhout job title or dal •kle4Re-di.itie from July 8, 2012, until September 12.
2012; and will remain in his current unpaid status until January 18, 2.013, when certain payments
for accumulated leave will be made to him as provided herein below; and
WHEREAS, GONZALEZ and the CITY entered into that certain Employment
Agrecrneat dated July 26, 2000, (the "Employment Agreement"), which was amended by CITY
Resolutions Numbered .2.001-24655, 2002-25093, 2004-25647, 2005-25855, 2006-26155, 2006-
26343, 20):7_2,669, 20W26926., 4m1 2009-27241 ail of which are attached hereto as :Exhibits A-
L; and
1 rhe 1 A
WIIERTiAS, the parties intend to -and do 'hereby recogni4e the termination. of the
Employment Agreement, as modified, and intend rn1 do hereby agree that their rights and
obligations shall be governed by this Agreement; which shall and does suPersede the
Emp1o:"rnt Agreerneit, as amended; and
NOW:. THEREFORE, in consideration of their mutual promises and other good and
valuabk consideration, reeeipt of which is hereby acknowledged; the rearties, intending to be
eg al ly ho and, agree as follows:
1. 17,ecitals.
parties agree thai the a , ve ecitaIs an true zuid inorporate thm as
. Consideration.
In eonsideration tor the release of any claims he may have, including but not limited kr
the release and waiver of ellims under the Employment Agreement, as emended, and thc.
termination of the 'Employment Azreement, as amended, the Parties agree:
A. The CITY will jray .GONZALEZ the stun or $440,000.-00.1.vbiet amount
is the product of negotiation and eornpromise between the parties rs follows:
SA20,500.-00 is .igreed as the total of 12 niortths of aggregate .compensation referred to in
the Employment Agreement except as otherwise specified in this subparagraph A, From
this $420,500.00 is do,thwte,d SI5,000.(X) for GONZAL12' Tvgtri tion. otitis City -provided
vehicle, in is oonditiOn, ptovided, however., that the City will .perforrnon the vehicle
any i:outine, regularly scheduled maintenance that may be duc as of the Effective Date of
this Agreement, not to include any non-scheduled repairs or mtaintenanet: S250 for the
retc.mtion of his (Ity-providoti iPad, na-r-is ta.radition; and $250 for the retention of his
"? 14
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,
City -provided laptop computer, in as -is condition- Added to the remainder is $35,000,00,
which slliTI is the agreed arnoux o re,solve the differences between the parties relating to
the 'value of pension benefits as a component of the aggegate compensation amount,.
1. -his net amount of $440,00000 shall be paid as follows;
(i) 'Not later than December 31,2012, the CITY will pay GONZALEZ the
sum. of S348,367.60 as follows: S325,872.00 by cheek made payable to GONZALEZ or
by direct deposit, $7„19225 deposited in GONZALEZ' 1{,,',IvIA 457 account; and
S. 03.35 deposiM in GOI,ZZAI.,437.' I(:NIA 401(a) account.
*ti) On January 18, 2013, the CITY will pay GONZALEZ the sum of
,S91.,632.43 as follows: $17,500.00 deposited in GONZAL177,' 1CMA 457 account;
S51,000,00 deposited in GONZALEZ' ICMA 401(a) accoun4 and $23,132.43 by check
matic,t •payable to GONZAL.EZ for life insuranee as such payment has 'customarily been
made.
B. The parties t trrtxt. that GONZALEZ 'is due payment for ave hours
actrued during his employment by the CITY as follows: 429,33 hours of Sit* leave;
239.35 hours of annual leave; 512 hours of additional leave uemed pursuant to Section
123, of the Employment Agreement; and 16.57 hours of planning day leave, all totaling
1_197_25 hours of which 1M7.25 hours shall be payable on or before December 31,
2012, Additionally, on ..iunAgtry 18, 2O3, the CITY will pay GONZALEZ the valve or
the remaining 80 hours of annual leave. The value a leave hours, will be calculated at
GONZALEZrate of $111.21 per hour,
C, GONZALEZ will be responsible for the premiums for insurance coverage
through the -CITY for December andiatmary as. fbilows:
rvf
(i) For Deeember„ 2012: .Fi1y medca1S2,109.72; Family dental
S1.10.96.; Life • $351O; for ti total of $2,255.78.
For January,. 2013: 'Family medical $2,109.72. Fattilly denial -
$T 18.72; Life - $35.10; fora total .of $2,263.54,
These amounts i1 b letIucted from the payments made to GONZALEZ on
January 18. 2013.
I). The CITY will provide to GONZALEZ one lifetime citywide parking
d�1 entitling him to the rights and privileges thereof as p ided by the CITY on this
CiON /AL EL.. :agrees that the consideration being provided by the CITY in this Agreement
constitutes adequate and ample eonsideration for any rights to severance payments under the
Employment Areerrient. as amended, tig1fls and claims he is waiving under this Agyeemettt,
and fa any obligations imposed upon him by virtue of this Agreement GONZALEZ further
a.z...f,rees and understands that the consideration being provided by this Agreement is in -=ess of
any consideration to which he is otherwise entitled, including under the Employment Agreement,
as amended.
GON1A1.,P,Z agrees that aceruals of CITY benefits, includin but not limited to annual
leave, planning days, sick leave, and creditable service for purposes of any and all retirement
plans, ended as ofSepternber 12, 2012, old it.4 not entitled to nor shall he receive credit or
pilly5T4W, tor arvais after that date, except as may be expressiy provided for in this Agreement
3. No Laws -nits or Clai
The CITY and GONZALEZ each represent and agr cte that it or he will not hereafter
pursue., initiate. or 'cause to be instituted against the other any dispute that is eleased herein.
t
Each Party further represents that it or he does not currently have. pending beibre any court or
tm federal, state or local agency any .dispute of any kind avin81 the other. If h
determined that either. Party has any other lawsuit, ehail-t,e of discrimination, or other claim
p • ).ding -1.gaiti,s1 the other, it or he agrees to disrnis-s any such claims, with projudkvimmediately
uper. it being discovered that such charge Ur claim ispending.
4. Mutual Full and General 'Waiver .and Release of Ail elairn.
.exchange for the consideration described in this Agreement. GONZALEZ irrevocably,
knowingly, and voluntarily releases, waives, and tOrevcr discharges any and all -claims, demands,
actio. or causes of action, of any kind whatsoever, known or unknown, foreseen or unforeseen,
ffy,,eseeable evr unforeseeable, and any consequences thCTC0f, which he has or may have upitist
the CITY from the beginning -of the world until the eireelive date of this Agreement The
,disputes released by GONZALEZ include., hut a not limited to, any and all disputes against the
C rFY concerning his einpleynient and separation from emplornent with the (Try,
'lite claims released and waived by GONZALEZ expressly includc any claim related to
trom the Employment Agreement, as amended,
ossible -disputes released by GONZALEZ include those known or t own, at 4,1T
continv...Int, in Jw, in INtlity, or otherwise and whether based in tort, contract, statute., or any
other has s. This rel ease include all disputes for which GONZALEZ could seek equitable relief,
nd .actual, compensatory,. consequential..liquidated, ptcnitive‘ special. multiple .or other damages,
eNpenses uding attorneys' Ices and costs), and iU other rciMhttrSenlentS cintrges of any
The disputes released by. GONZALFZ include, but .are not limited to, any elairn(s) under:
Title VT1 of -the Civil Rights Act of 1964;
The Civil Rights Act of 1991;
The Florida Civil Rights Mt;
Sections 1981 through 1988 of Title 42 of the United States Code;
The Constitations of the United States and the State of Florida.;
The Florida Health Insurance Coverage Continuation Act;
The Florida Wage 1)iscrimi nation Law;
Florida Wage and Hout laws;
Any Florida or &dual Whistleblower laws;
The internal Revenue Code;
The Rehabilitation Act;
The Consolidated Omnibus Budgt Reconciliation Act;
The Americans with Disabilities Act of 1990;
The Age Discrimination in Employment Act, niudig the Older Workers
&maim Protection Act;
The Fair Labor Standards Act;
The Equal Fay Act of 96
The Occupational Safety and Health Act;
The Family and Medical Leave Act of 1993;
Any other federal, .state, or local civil or human .rights law or any other federal,
state-, or local Ittw, reRulation, or ordinance.
The possible disputes released by GONZALEZ also include any and all disputes he has or
believes himself to have against the an' in contract or at common law, including, but not
liatited to, breach of oral, written undfur arnplie4 tract, an implied covenant of pod faith and
fdix deatiny„ wrongful discharge under any theory, including for lack of good cause, in violation
of public policy, and constructive dischasge, intentional or negligent infliction of emotional
distress., uiy tort action, negligent retention or supervision. ;assault, batt,'„ negligence,.
crtisrerntc;entation or fraud of any kind, dutess, unfair dealing, b aeh of fiduciary or other duty,
invasion of privacy, defamation, false imprisonment, and interference with contract and/or
ProsPe'cti ve .eg•;01101toic advantage,.
The reference herein to specific statutory, contract., and common law aitns k in no way
interred to limit the disputes rcica9ed by GONZALEZ. .GONZALEZ intends that the disputes
thgth be construed as broadly as posbible to cover any and all disputes he may have or
believe himself to have against the Crri. In that regard; CIONXALEZ fitrther acknowledges
that he may later .discover facts in addition to or different from those which he now knows or
A t A
to be true. GONZALEZ agrees that any such difference in the. facts shall not affect this
r=rntrit; that he assumes the risk of any such difference in the facts; rand alai he further agrees
that this -Agreement shall remain in full (twee and 'effect and not be subject to rescission by
muora of any such differer:-e in the facts.
(iONZAL.F2 also agrees and acletztowkAges that this Aweernent i also entered into
purs'.rant w2Section 440.20(i1)(c), (0), and (e2)„. Florida Statute* and is intended to he a complete
n0 1:1a1 settlement of any and all Nvorkers' compensation benefits under Chapter 440, Florida
Statutes, including, but not limited to, future 1,-dical bneffls, OONZALIV, also stipulates that
a1 accidents, injuries.. repetitive traumas, exposures, and occuNtional diseases known to Invc
ecctt,.Ted or been siustained by him due to employment by the CITY have been. revealtrti.
( JON/A LEZ agrees that this Agrcrncnt inIu ll accidents, occupational diseases and
injuries slistathed v,(hijc, valpit)ye0 by CiONZAI.V.Z, whether reported CT ROI. It is GONZALEZ's
to folly finally and forever resolve and release any and all disputes that he may have or
believe himself to have against the CITY with respect to any alleged rags occurring before the
eliective 0:ae of this Agreement, whether those -disputes presently are known or unknown,
suspected or unsuspected.
GO.ZAI,EZ understands that n. ()thing in this .Agreernent prohibits him .ftrt filing a
charc, with. tn. participating in any investigation or proceeding before any federal, stare or local
governua-tcntai agency such as the Equal 'Employment Opportunity Commission and docs not
prehibit him from cbcdi.enging the validity of the waiver and release set forth herein. HOWCVCr!,
ci.ONYA I .EZ agrees that with respect -to the claims he is waiving, he is waiving not only his right
zo rover money or other relief in any action that he might institute but also that he is waiving
his rii?,hu to rceover money or other relief in any action that might be brought on his behalf by any
7M*16
persol or entity i.chidin. but not limited to, the State of Florida. tb.c United Slates liqual
t;:nvioyment Opportunity Cotrunission, the Florida 'Commission on Human Relations, or any
other (1.7.S> or foreign) federal, 8i:ite, or local agency or department. GONZALEZ further
represenu (hat he has not heretofore assigned or transferred, or purported to have assigned or
trans,ferred, to any entity or person any dispute rehltsed herein,
The CITY hereby knowin .y tknd voluntarily releases, -waives, and forever discharges any
and all, err, rights, demands, actions or causes of action, of any kind whatsoever, known or
unknown, foreseen or link:mem, foreseeable or unforc..$4,7 und any eonsequences thereof
which it rimy have against. CJ()NZMJiZ from the beginning of the world to the Effective Date of
this, Agr,entent, as herein defined.
'fhe claims released and waived by the CITY expreWy include any dim reiated
a.:.-ising from .1.te Employment Agreement, as amended.
Possible disputes released by the CITY include those known or unklown, actual or
contingent, in law, in equity, or otherv,ise and whether based in tort„ contract, statute, or any
other basis. This release includes all disputes for which the CITY coud seek oquitable relief,
and ,actuai, compensatory, consequential, liquidated,punitive, special, multiple, or other
damages, cNpenses (including attorney's fees and co 'I:), aro et her reimbursements or charges
of an y
Possiblc claims released by the CITY also includc. any and au disputes the CITY has or
'beiNt.nes itself to have against GONZALEZ in contract Or at common law, including, but not
I i:mited to breach of oral, written and/or implied contract, an implied covenant of good faith and
fair dealing. violation of public policy, any tort action, misrepresentation or fraud of any kind.
duress. unfair dealing,. breach of .ficluciary or otber duty, and 'interference with contract and/or
prospectiveeconomic tidvntagc.
The. 'Crl'Y intends that the possible claim that it releases bc construed us broadly us
rxle to cover any and an disputes it may have or believe iUelf to have apinst CONZAT
In that .rettarti, the further acknowledges that it. may later discover facts in addition to or
diffcr,vnt
tri those which h now believes to be true. The CITY .agccs that any such difference
in enc facts shall not affect this Agreement, that it assumes- the riSk of any such difference in the
facts; and apvcs that this Agreement shall remain in full force and .effect and not be subject to
rescission hs! reason of any such .diffcrence in the facts.
5,Jot, I.;;eference,
Recitwsts for job references. for GONZALEZ> made to the CITY will be rcfcrrcd to the
C1TY-:-; human Resources Director, who shall give a response c;onsisting f the dates of
GONZALEZemployment, his position, and duties.
6. Corantitince with Public Records.
CrON ZALEZ .acknowledges that the CITY must comply veith publi rtcords laws and that
ttay .doctinacuts reletting to his scpamilort from employment cannot he destroyed except lit
accordance with any state or .federal retention laws.. .GONZALEZ understands and agrees that
under thc Public Records Law, the CITY is required :to, and shall, upon .request by a third party,
disclose this Agreement and any documents not otherwise exempt that relate to his employment
x'kci that the CITY shall comply with all federal, state and loa laws requiring disclosure o1
public records.
CrtY
7. No Admisi. 'on of LIabilitv or WronWoirtv.
The parties to this Agroclinent agree that nothing contained in this Agreement or
ottit.rwise. :SW constitute or he construed as an admission of any alleged liability. or wrongdoing
by the CITY or GONZALEZ. Indeed, the parties deny that either of them engaged in any
vrongdoin2 orally kind with respect to the other party.
8. Intlenntitv.
GONZALEZ acknowlcdgcs that all oC GONZALEZ' costs andlor attorney's fees liens.
workers' compensation liens, and ell medical Hens and bills for medical, hospital:, ambulanez:
andlor =Sin care, treatment,. diagnosis, or cuminadon of GONZ.ALEZ that Wen! Or that ooul
have bccn assorted in connection with his empJoyment or separation from .employment. have
been or win be paid in full b.y GONZALEZCIONZA112 at.,,rees to this indemnity provision for the purposteof inducing the CITY 1,0
enter into this Ageoment timed in consideration for the funds paid and other promises made as set
terth F..n this Agreement. GONZALEZ agrees to indemnify and hold the CITY nless of and
front any and all of GONZALEZ' bilis, sums, amounts, debts, lions, demands, claims., promises,
(1'01110VA*, :lodgments. and x litions in law or in .etluity, auorney's fees and/or costs, medical,
hospital, ambulance. and/or nursing care, treatment', diagnosis or examination arising ow of or -
rolated to any allegation that voliS madc or could have been made by GONZALEZ relating to his
emp,!oyment or separation from employment.
9. CAWitleratkut
GONZALEZ agrees that, for the period of two years. commencing on the Effective Date
of this Ageement. he will fully support and cooperate with the CITY in any dispute- or
procuLtdiz18, including :but not limited to plant:in( setting f•Itrale,iy, preparation, counsel.
tr),,r
testimony, :and attendance at meedngs or proceedings, arising rpm :or Telt
-ents triat
occurred during his employment 'by the CITY or of which .he has rilavaria:1 knowle42.
.GONZALEZ ilgres that he will not h enthtd to any compensation for suds support an
000peration. GONZALEZ acknowledges and agrees that he is bound by all applicable cttliQs or ct
lobbying laws, ordinances, and rules.
10. Taxes.
GONZALEZ understands and .agrees that all mounts and values :received or :paid to kin:
hepeunder haU be subject' to appropriate deductions; and withholdings, including taxes, cnd tat
appropriate repotting will be made to the IRS.
GONZALEZ understands and agees iluit should the IRS, or any otivr ?taxing autir r:!e
other federtd,. state, or local agigvy assri, argue, or determine that any amount or value receNzd
or paid to him that WS not subject to withholding andlor deductions, is taxable wages, incette,
o bncfirs of any kind, GONZALEZ .will be solely and individually vevmsible tbr the :layment
of -any and ,a11 employee taxes, contribtrtion8, withholdings, or deciudions, but not enTioyer
wies. GONZALEZ's responsibility for such taxes, withholding,..contribution and/or deduction.
Includes„ bat is not limited to, the tunotmt of the ta.x, ‘vithholding, etTntributionartiflor L 1 d
e_utzt.c,,
Wi well as any and all penalties interest,. fees, fines, attorneysfees and costs, related to the.
amount of taxes withholding, contribution and/01 deduction that should have been paid by
GON7A,E,Z, GONZALEZ further avers that lw w1 indemnify,. reirribme, and hold the CITY
harmless ror any and A taxes, contributions-, withholdings, deductions, :rek*., atlontvYs' /s kmd
costs, interest and!or penalties reaed to the amount of taxes, withholding, contribution and/or
deduction attibutable to what should have been paid by GONZALEZ for employee taxes,. hut
not employer Utxe.$.
CITV
rvf 1
11, Enc to Consult Attorney utd Time for prntsideration.
A. Representation by Leen] Counsel. The CITY encouraged GONZALEZ
to coasult an att,mcy regarding the terms or this Agreement before signing the Agreement, and
GONZALEZ aeloowledges 'that he did, in fact,consult with an attorney regarding the tcmis of
this Agreement. GONZALEZ aelmowledges that he held his attorney review this Agreement and
Q:,.f.pain this Agreement to him, GONZALEZ ACKNOWLE1XAS THAT IV FULLY
UNDERSTANDS THE LEGAL EFFECT OF THIS AGREEMENT, HIS RIGHTS AND
OBLIGATIONS 'UNDER THIS AGREEMENT AND THAT HE INTENDS TO BE
LEGALLY BOUND BY THIS AGREEMENT.
„ Time to Consider Signing Amen. GONZALEZ acknowledges that
he has been given a reasonable period oflime of not less than iVaatty-one (21) days within +Nitich
to decide whether to sign this Agreenient. CiONZALIci understands and a.grees that he can 'use
all or any pan of this period to decide whether to sign this Agreement GONZALEZ afgees that
any changes. to this Agreement from that originally presented to GONZALEZ will nut restart
tweniy-orio (21) day consideration period.
C. Seven (7) Dav 'Period to Revoke. GONZALEZ understands that he may
revoke this Agsvement within seVell (7) calcar days after he sips the „Agreement:11
GONZALEZ revokes the Agreement, the Agreement willbe deemed unenforceable, will be null
and void, and the CITY shall be relieved of all obligations slated in this Agreement, To be n
efrev:ive revockttion, any tevoeution must be in writing, executed by GONZALEZ and delivered
For purposes of computing this seven (7) day p<rrind., the date GON7ALF-7. signs the Agreement
shall not be indluded. The last day of the period so computed shall be included, untess it is
Saturday, Sunday, or legal holiday, in Nvhich.event the perk *Prime prescribed rurts until .rbe end
of the next day which is not one- ftvz aforementioned days. intermediate Snr&y, Sundays,.
au4 iegal holidays shall be included in the computation.
Ve 5
Go-N-autz
1? ref' 1,6
Cr
1.(1 City ,A.tiorney Jose Smith at his offices in Miami, Beach City Hall, 1700 Convention (:enter
Drive, Miani Beach, Florida 33139, on or before the seventh calendar. day by or before 5:00
pm. (Eastern Time), The revocation must expressly state "I hereby revoke the A.gemnent."
1). _Effective Pate .and Time. The Effective Date and Time of this
Agreement is 5:01 p.m. on the seventh (7`h) thy following execution of this Agreement by
(.10NZALEZ acknowtedgcs that this Agreement shall not 'become enforceable
until the Effective Date. and Time of the Agreement. Fayment of the .1471101.1as; due p • suant to
section 2 of this A.-ezment. wth be made is Stated in that section.
12. 1,:10,:vrning.lw and Interpret,adan.
This Agimment shall be governed by and construed in accordance with the iawlaws of the
Stateuf Flonda,, OT.14, VJi Cte .applicable, federal laws. The language of this „Agreement shall be
construed as a whole, according, to its fair meaning., and not strictly construed for or against
either pimty.
13. Stverabilitti.
Should a court of competent jurisdiction deciare illegal or tincnforocablc any provision or
part thereof of this Agreement (which provision cannot b modified to be enforceable), with the
exception c')f. Section 4. Mutual iuI and General Waiver and Release of All Claims, such
provision or part thereof shall immexllately become null and void leaving the tv.mainder of this
Agreement in CO rerce and effect. Should Section 4, 'Mutual Full and General Waiver and
Release of ..N11 Claims be declared illegal or unenforceable, this entire Agreement shall become
null and void and GONZALEZ will bc required to immediately return to the CITY all
consideration pivvided to him or on his 'behalf by this Agrwmcnt.
GLIA
1•": ea' 1 A.
14. Entice .Atzreemene Amendment Simattures.
.n);!:: Agreement sets forth the entire agreement between the parries and supersedes my
and all prior agreements or understandings between the parties includingspccifiee.ily. Lh
.Employment. Agreement. as amendtxi. This Agreement may not be amended except by
ak.:nTcmcnt signed by the ,parties or signed by their respective administrators, tmstees„ pal:St:Mal
TC.Ipivsentatives, or SUCCCSS013.
.
geeti:011 'headily ae usd in this Agreement for ease of reference only and shall not
alio./ the mearing of any provision of this Agreement.
16. Dispntes,
In the event that any party to this Agreement institutes legal proceedings arising from or
t-,cratti to this Ag.cemont, it is stipulated -and agreed that such a claim shall. be heard aad
determined by a judge, and not by a jury, in Miarni,,Dade County, Florida. GONZALEZ
AGREES AND UNDERSTANDS THAT i*' is WAIVING m R:IGIEr TO A JURY
TRIAL, IF ONE EXISTS, AS TO ANY CLAIM ARISING FROM OR RELA'rED TO
THIS AGREEMENT. Furthermore, in the event that it shall be necessary lin a-ny party t thi•;$
Agreement to institute legal action to enforce any of the terms and conditions or rrovisi,ons
contained herein, err. for arty b- eh fht,vot:, the prevailing party shall be entitled to costs and
reasonable attorney's fees, including fees and costs for any appeals,
17. Ackno vyteckement.
GC)N'.AIJ.Zacli,.nowledges that hc has carefully read and understands this Asre.erner;t:
and agnes that the CITY has not made any rtpresrffiiions other thn those contained.
(10N.Z.ALE2 also acknowledges that he enters into this
14
&r" '
t voJuiariIy. vvithu',acv
pc-e,s5irre ic,r coercion, and with full knowledge of its significance, and tiltat this Agreement
eofn;ii !nes a FULL AND ABSOLUTE SETTLEMENT AND BAR AS TO ANY ANI) ALL
CLAIMS he bad, has, or may have against the Cfl'Y.
18. Counter:00g Sknature% By ElecIronieTrarismission.
'Phis Agreement may be executcA in(.:eunternarts, each of which shat be deemed
.z.mdwhich together shall h deemed one document. Any signature affixed to this
Agrevt:ent and trwstnitted by electronic means shall be deemed an. origiat and shall he
and et:Tective for all purposes,
IREMAINDER OF THIS PAGE INTENTIONALLYLEFF BLANK]
14
TIM PARTIES HAVE READ, UNDERSTOOD, AND FULLY CONSIDERED
THIS AGREEMENT CONSISTING OF SIXTEEN (16) PAGES ANI) 1'E 00)
EXHIBITS AND ARE MUTUALLY DESIROUS OP ENTERING INTO SUCH
AGREEMENT. TUE Tv.Rms W THIS AGREEMENT ARE THE PRODUCT OF
MUTUAL NEGOTIATION AND COMPROMISE IIETWEE,N GONZALEZ, AND THE
CITY. HAVING ELECTED TO EXECUTE 'IBIS AGREEMENT, TO FULFILL THE
PROMISES SET FORTH HEREIN, AND TO RECEIVE THEREBY TIOf. Ski:NEFITS
SET FORTH ABOVE, GONZALEZ FREELY AND KNOWINGLY, AND M1'I DUE
CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO RELEASE,
wAIVJ AND SETTLE ALL CLAIMS THAT HE HAS OR NIIGIIT NOW HAVE
AGAINST THE CITY.
WI 11;1Z [TORE. the parties, intending -to be legally bound, cxecute this Agrvancrtt
the dates sct forth below.
JORGE GONZALEZ
CITY OF MIM
• ,
Herrera Bower
APPROVED AS TO
FORM &LANGUAGE
& FOR EXECUTION
ATTEST
4.4'
12-20-92
Attorney Date