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Reso 2012-1950
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Reso 2012-1950
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Last modified
7/10/2024 3:20:02 PM
Creation date
8/28/2012 11:23:44 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2012-1950
Date (mm/dd/yyyy)
07/19/2012
Description
Ratify Consultant & Separation Agmts w/Alan J. Cohen
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opportunity to consider and review this Agreement for a period of at least twenty -one (21) calendar <br />days ( "Consideration Period ") and has the opportunity to waive this provision or reject this <br />Agreement within the Consideration Period. During the Consideration Period Employee may reject <br />this Agreement, without reason, but he may only do so by delivering a written statement of rejection <br />to Hans Ottinot, City Attorney. In signing this Agreement, the Employee agrees to waive the <br />Consideration Period. <br />(B) Employee further acknowledges and affirms that he has been advised that, following the <br />execution of this Agreement, there will be a revocation period of seven (7) days during which he <br />may revoke this Agreement, and that this Agreement shall not become effective or enforceable until <br />the seven (7) day revocation period has expired. Employee may revoke this Agreement by <br />submitting written revocation notice to the City Attorney, Hans Ottinot. In order to be effective, <br />Employee's revocation notice must be received prior to the expiration of the seven (7) day <br />revocation period, after or concurrent with the conclusion of the time period set forth in Paragraph <br />9(A) hereinabove. Any revocation of this Agreement shall cause the termination of the Consultant <br />Agreement. <br />10. Employee declares that he has completely read this Agreement, consisting of four (4) <br />pages, fully understands the terms and contents and freely, voluntarily, and without coercion enters <br />into this Agreement. Further, Employee agrees and acknowledges that the waiver or release by any <br />rights he may have under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § §1981, <br />1983, 1986 and 1988; the Age Discrimination and Employment Act of 1967, as amended; the <br />Vocational Rehabilitation Act of 1973, as amended; the Americans with Disabilities Act; the <br />Employee Retirement Income Security Act, as amended; the Equal Pay Act of 1963, as amended; <br />the Immigration Reform and Control Act of 1986, as amended; the Labor Management Relations <br />Act, as amended; the Fair Labor Standards Act, as amended; the Occupation Safety and Health Act, <br />as amended; Federal Common Law; the Florida Police Officer's Bill of Rights set forth in Sections <br />112.531- 112.535; the Florida Civil Rights Act, as amended; the Florida Equal Rights Law, as <br />amended; the Florida General Labor Regulations, as amended; Workers' Compensation; Charges <br />before the Equal Employment Opportunity Commission (EEOC) or any comparable agency; <br />Miami -Dade County Ordinance Chapter IIA; Tort Breach of express or implied employment <br />contract; Wrongful discharge; Tortious interference with contractual relations; or the common law <br />of the State of Florida; and /or any other local, state or federal law is knowing and voluntary and that <br />it shall be a breach of this Agreement to institute any action or to recover any damages which would <br />be in conflict with or contrary to this acknowledgment. <br />11. The City's current elected officials agree that if they are contacted by a prospective <br />employer of Employee, they shall provide the prospective employer with a positive <br />recommendation. The elected officials reserve the right not to provide any recommendation. <br />12. This Agreement together with the Consultant Agreement constitutes the entire <br />agreement of the parties and all prior negotiations or representations are merged herein or replaced <br />hereby. This Agreement may only be amended by a written amendment signed by both parties to <br />this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties <br />hereto and their respective successors, assigns, heirs and legal representatives, but neither this <br />Agreement nor any rights hereunder shall be assignable by Employee without written consent of the <br />Page 3 of 4 <br />GENERAL ACKNOWLEDGMENT, WAIVER, AND RELEASE AGREEMENT <br />
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