Settlement Agmt and Release SETTLEMENT AGREEMENT AND GENERAL RELEASE
This Settlement Agreement and General Release ("Agreement") is entered into by and
between ANGELO PALOUMBIS (PALOUMBIS) and THE CITY OF MIAMI BEACH (CITY).
WHEREAS, PALOUMBIS filed a petition for writ of certiorari in the matter ofPaloumbis v.
City of Miami Beach, Appellate Case No. 3D02-809 filed in the District Court of Appeal of Florida,
Third District, in Miami-Dade County, Florida (hereinafter, "Case No. 3D02-809");
WHEREAS, the CITY has denied PALOUMBIS' claims; and
WHEREAS, the parties prefer to enter into a compromise in order to avoid the uncertainties
and expense of further litigation and/or administrative action.
NOW, THEREFORE, in consideration of all mutual promises contained herein, it is agreed
as follows:
1.
Dismissal of Action With Prejudice. Simultaneously with the execution of this
Agreement, PALOUMBIS will dismiss his claim against the CITY with prejudice by the
filing of a joint stipulation for voluntary dismissal.
Waiver of All Rights and Claims. In consideration of the actions referred to in
paragraph numbered 3 of this Agreement, PALOUMBIS knowingly and voluntarily waives
any and all known and unknown rights and claims which he has or may have against the
CITY, or its current or former officers, employees, agents and elected or appointed officials,
including but not limited to any claim that was or could have been asserted in Case No.
3d02-809; as well as any other claim(s) under the United States Constitution, 42 U.S.C.
Sections 1981-1988 of the United States Code, Title VII of the Civil Rights Act of 1964, as
amended, 29 U.S.C. §621 , et. seq., the Age Discrimination in Employment Act, Florida's
Civil Rights Act, any other federal, state or local laws prohibiting discrimination in
employment, whistle-blowing, any claim brought pursuant to public policy, contract, or the
common law, including any tort claims whether based on common law or otherwise, which
~':x~IBIT A
have arisen or may arise from the beginning of the world until today. This waiver also bars
any claim or demand for costs, fees, or other expenses, including attorney's fees, incurred in
any connection with the above-referenced action. The listing of claims in this section is
intended to be illustrative rather than exhaustive.
Thus, PALOUMBIS understands and agrees that this waiver and release constitutes a
full and final bar to any and all claims of any type, including but not limited to: damages,
back pay, pension, other employment related benefits arising from his separation from is
employ with the CITY, which is the subject matter of this appeal or from any other claim that
he now has or may have against the CITY. This waiver and release also covers any and all
claims for personal injury, emotional, mental, and physical pain and suffering; employment
or reemployment, loss of earnings, benefits, or earning capacity; loss of support or services;
and all hospital, Medicare, social security liens and attorney's fees' liens, which, if any exist,
will be satisfied out of the proceeds of this Agreement.
Consideration. In consideration for dismissal by PALOUMBIS of Case No. 3D02-
809 and his waiver and release of all claims against the CITY in accordance with paragraph
2, the CITY agrees:
a. PALOUMBIS will recover back pay in the amount of $99,000.00 from April 27, 2001,
plus emoluments (sick leave and annual leave in the amount of$18,000) less any and all
required deductions, including but not limited to pension contributions and taxes;
b. PALOUMBIS will be allowed to submit a letter of retirement, and all CITY
documentation will reflect that PALOUMBIS retired from the CITY.
c. The CITY will adhere to its policy to make no statements regarding PALOUBIS'
employment with the CITY other than to provide the dates of his employment and to
state the reason for his separation from the CITY as retirement;
d. That PALOUMBIS agrees that since he has decided to retire, that he will not be seeking
re-employment with the CITY.
10.
Adequate Consideration. PALOUMBIS agrees that payment to him of the money
set forth in paragraph numbered 3 of this Agreement constitutes adequate and ample
consideration for the rights and claims PALOUMBIS is waiving under this Agreement, and
for the obligations imposed upon him by virtue of this Agreement.
Non-Admission ofWrongdoin£. PALOUMBIS agrees that neither this Agreement
nor the furnishing of any consideration under this Agreement shall be construed as an
admission by the CITY of any wrongdoing, liability or unlawful conduct. To the contrary,
PALOUMBIS agrees that the CITY specifically denies that it caused any legal harm to or is
in any way liable to PALOUMBIS.
Governing Law and Interpretation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida.
Entire Agreement. This Agreement sets forth the entire agreement between the
parties and shall supersede any and all prior agreements or understandings, whether written
or oral, between the parties, except as otherwise specified in this Agreement. PALOUMBIS
acknowledges that he has not relied on any representations, promises, or agreements of any
kind made to them in connection with their decision to sign this Agreement except for those
set forth in this Agreement.
Encouragement to Consult Attorney(s). PALOUMBIS acknowledges that he has
consulted his attorney(s) before signing this Agreement.
Amendment. This Agreement may not be amended except by written agreement
signed by PALOUMBIS, and the CITY.
Headings. Section headings are used herein for convenience of reference only and
shall not affect the meaning of any provisions of this Agreement.
11. Time to Consider: I further acknowledge and affirm that, prior to executing this
AGREEMENT, I was given a period of twenty-one (21) days within which to consider this
AGREEMENT.
12. Right of Revocation. I further acknowledge and affirm that I have been advised that,
following my execution of this AGREEMENT, there will be a revocation period of seven (7)
days during which I may revoke this AGREEMENT, and that this AGREEMENT shall not
become effective or enforceable until the seven (7) day revocation period has expired. I amy
revoke this AGREEMENT only by submitting my written revocation notice to Jorge M.
Gonzalez, City Manager, City of Miami Beach, City Hall, 4th Floor, 1700 Convention Center
Drive, Miami Beach, Florida 33139. I understand that in order to be effective, my revocation
notice must be received prior to the expiration of the seven (7) day revocation period.
13. Integration. This Agreement sets forth the entire agreement between the parties
hereto and fully supersedes any and all prior agreements or understanding, whether written or
oral, between the parties hereto pertaining to the subject matter hereof.
14. Read and Understand Agreement. I further acknowledge and affirm that I have
read and I fully understand this AGREEMENT.
HAVING ELECTED TO EXECUTE THIS AGREEMENT AND TO FULFILL THE
PROMISES SET FORTH HEREIN, PALOUMBIS FREELY AND KNOWINGLY, AND AFTER
DUE REFLECTION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE
AND RELEASE ALL CLAIMS HE HAS OR MIGHT NOW HAVE AGAINST THE CITY AND
ANY OTHER PERSON OR ENTITY IDENTIFIED IN PARAGRAPH NUMBERED 2 HEREIN,
FROM THE BEGINNING OF TIME TO THE EFFECTIVE DATE OF THIS AGREEMENT AS IT
RELATES TO PALOUMBIS' SEPARATION FROM THE CITY.
IN WITNESS WHEREOF, the parties hereto knowingly and voluntarily execute this
Agreement as of the date set forth below:
THE CITY OF MIAMI BEACH
By:
A"(~RGE ~G~NZA~
(~ity Manager
Date:
Robert Parcher, City Clerk
By:
Date:
By:
David Nevel, Esquire
Nevel & Greenfield P.A.
Date:
STATE OF FLORIDA
COUNTY OF ~} tt~
The foregoing instrument was executed before me this ~ day of February, 2004, by
ANGELO PALOUMBIS ~.~o' is personall7 known by~ [or who has produced
as identification] and who took an oath.
/~/~ at Large
State
of
joMlmY C~om~i~ion Expires:
..' - ~ptr~ Jm. 9,2005
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION