Reso 2000-244 - Laserfiche WebLink

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EXHIBIT "A" ACKNOWLEDGEMENT, WAIVER AND RELEASE AGREEMENT WHEREAS, JACK NEDST ADT ("Neustadt") is employed by the CITY OF SUNNY ISLES BEACH ("City") as the Acting City Manager and at the will of the City Commission; and WHEREAS, Neustadt has decided to retire from his employment with the City and the City is willing to accept such retirement; and WHEREAS, the City and Neustadt have agreed that Neustadt shall receive certain retirement benefits which are described in this Agreement to be paid or provided as the case may be, in accordance with the attached Settlement Agreement, in consideration for the retirement of Neustadt and in recognition of Neustadt's three (3) years of service to the City; NOW, THEREFORE, in consideration of the recitals set forth above and payment to Neustadt of the severance benefits specified in the attached Settlement Agreement, Neustadt and the City covenant and agree: 1. Neustadt releases and discharges the City of Sunny Isles Beach and all agents, officers, or employees of the City from all claims, liabilities, demands and causes known or unknown, fixed or contingent, which he may have or claim to have ag~inst the City and/or any agents, officers or employees as a result of his employment, including the suspension from employment, and Neustadt covenants not to file a lawsuit or pursue any administrative process to assert such claims except as specified in paragraph number 4 below in consideration of the retirement benefits he is receiving. This Acknowledgment, Waiver and Release Agreement includes, but is not limited to, lawsuits or claims arising under Title VII of the Civil Rights Act of 1964 (42 D.S.C.2000E, et seq.); the Age Discrimination in Employment Act of 1967 (29 D.S.C. 621, et seq.); Miami-Dade County Ordinance Chapter llA; the Americans With Disabilities Act; the Florida Civil Rights Act; any action in contract or tort; and any other federal, state or local law including but not limited to, workers compensation claims (unless such claim was filed prior to May 30, 2000) and any claim for unemployment compensation. 2. It is understood that Neustadt does not waive any rights or claims that may arise to enforce the Settlement Agreement to which this Release is attached as Exhibit "A". Moreover, Employer acknowledges and agrees that it will honor its obligation to defend, indemnify and hold Employee harmless in association with civil and/or criminal actions arising out of and in the course of Employee's employment with Employer in accordance with the terms of the Limited Release of the City of Sunny Isles Beach. 3. The retirement from employment by Neustadt and acceptance and receipt of retirement benefits shall be the complete, final and irrevocable relinquishment of Neustadt of any employment, except to provide consulting services at no additional cost, as set forth in the attached Settlement Agreement. Neustadt acknowledges and affirms that the benefits as outlined in the attached Settlement Agreement are more than he would normally be entitled to receive upon retirement. Acknowledgement, Waiver & Release Agreement 1 Jack Neustadt LMD:ch 6/20/00 -- I :36 PM