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HomeMy WebLinkAboutReso 2000-244 RESOLUTION NO. 2000-~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN JACK NEUSTADT AND THE CITY OF SUNNY ISLES BEACH; APPROVING THE ACKNOWLEDGEMENT, WAIVER AND RELEASE BY NEUSTADT; APPROVING A LIMITED RELEASE FROM THE CITY, ALL OF WHICH ARE ATTACHED HERETO AS COMPOSITE EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND THE ACTING MANAGER TO EXECUTE SAID RELEASES AND AUTHORIZING ALL ACTS TO BE TAKEN THEREUNDER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Resolution No. 2000-233, the City Commission suspended Jack Neustadt, and; WHEREAS, Mr. Neustadt made a decision to retire but make himself available to the City on a consulting basis on the terms and conditions contained in the Settlement Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: 1. Approval of Settlement Agreement and Related Documents. The Settlement Agreement, the Acknowledgement, Waiver and Release by Jack Neustadt, and the Limited Release by the City attached hereto as Composite Exhibit" A", be and the same is, hereby approved. 2. Execution by the Mayor and Acting City Manager. The Mayor is hereby authorized to execute the Settlement Agreement and the Acting City Manager is authorized to execute the Releases and take all necessary actions thereunder. 3. Effective Date. This Resolution becomes effective upon adoption. PASSED AND ADOPTED this 11 th day of July, 2000. . . :)- L'<'. f , ~'-"-. . 'fATTEST: I '. . ' " ", . ..~~~lk . ~~har4 Brown-Morilla, City Clerk . Neustadt,. Settleme~t Agreement Res. 6/29/00 ,- 9:33 AIvf APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ p-. - M. D eiss;r, City Attorney VOTE: 4- 0- \ Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Neustadt Settlement Agreement Res. 6/29/00 -- 9:33 AM ~Yes) -1L(Yes) ~(Yes) ---..JY es) ~(Yes) Moved by: Seconded by: ~l~ I~luv ~i~ ~f;41~1 _(No) _(No) _(No) / _(No) ~./ "- _(No) 2 SETTLEMENT AGREEMENT II~ ~ THIS AGREEMENT, made this -LL day of between JACK NEUSTADT (hereinafter "Employee") and the ITY BEACH (hereinafter "Employer"): , 2000, by and OF SUNNY ISLES WITNESSETH: WHEREAS, Employee has been employed by Employer since December 8, 1997, and has most currently held the position ofInterim City Manager; and WHEREAS, Employee, in consideration of other terms and conditions agreed to by Employer, wishes to retire from his current position with Employer; NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, Employee and Employer agree as follows: 1. Retirement by Employee: Employee hereby agrees to submit a letter of retirement from his employment at the City of Sunny Isles Beach effective seven (7) days following execution of this Agreement which shall have been considered for a total period of twenty-one (21) days. This Agreement shall not be in full force and effect until such time as the City Commission of the City of Sunny Isles Beach adopts a resolution approving this Settlement Agreement on the seventh day after execution by Employee, after or concurrent with the conclusion of the 21-day consideration period, whichever comes later. 2. Monetary Consideration and Benefits: a. Employer agrees to pay six (6) months severance pay over a four month period beginning July 15, 2000, up through, and including, November 15, 2000 in the sum of $46,377.50 (less all taxes owing on this amount) to Employee as consideration for Employee's retirement, the continuing assurances set forth in this paragraph, and the execution of the General Acknowledgement, Waiver and Release given by Employee to Employer. Said payment shall be made in four equal monthly installments beginning July 15, 2000. (1) Employee agrees to provide consulting services to the City Manager on an "as-needed" basis over the course of six (6) months from July 15, 2000, with respect to budget preparation, financial matters affecting the City and any other matters of which Employee has knowledge. Employee shall not be expected to keep normal business hours nor does Employer expect Employee to be present at Employer's place of business to provide said services except as specifically requested by the City Manager. (2) Employee acknowledges and affirms these benefits as outlined in this Paragraph are not a legal entitlement for retirement and are more than Employee would normally be entitled to receive upon retirement. Neustadt Settlement Agreement LMD:ch 6/20/00 -- I :37 PM 1 b. Employer further acknowledges that Employee has accumulated benefits in the form of unused vacation leave totaling 267 hours and sick leave totaling 207 hours, for an amount totaling 474 hours. Upon the approval of this Agreement by the City Commission, based on Employee's retirement as contemplated herein; Employee is entitled to a lump-sum cash payment of all the accumulated leave balances enumerated above at Employee's current rate of earnings which equals $44.594 per hour. Employer hereby agrees that said payment is in addition to the funds enumerated in Paragraph 2a. herein and that the payment of leave time accrued shall be made on July 12,2000. c. Employer further acknowledges that Employee has additional monies invested in deferred compensation and other employee benefit plans offered by Employer to Employee. Employer hereby agrees and warrants that it will take all necessary steps to immediately process all required forms and/or paperwork to effectuate the transfer of said monies to the Employee or to another qualified benefit plan as directed by Employee. d. Nothing in the Agreement shall affect Employee's right to elect and pay for continuation of his AFLAC, dental and vision insurance coverage under the Employer's benefit plan pursuant to the Consolidated Omnibus Reconciliation Act of 1985 (C.O.B.R.A.) and existing state laws. e. Nothing in this Agreement shall affect Employee's right to elect and pay for continuation of his term life insurance coverage under the Employer's group life insurance plan. 3. General Acknowledgement. Waiver and Release by Employee and Covenant Not to Sue: Employee hereby agrees to release Employer from any and all claims Employee may have as a result of his employment relationship with Employer including but not limited to claims for worker's compensation (unless such claim was filed prior to May 30, 2000), or, unemployment compensation benefits and shall execute a General Acknowledgement, Waiver and Release Agreement in the form attached hereto as Exhibit "A." This provision and execution of the General Acknowledgement, Waiver and Release referenced herein is not intended to preclude Employee's right to enforce the terms of this Settlement Agreement. 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. 4. Advice of Counsel: Employer and Employee acknowledge that they have consulted with and have had the advice of independent legal counsel in connection with, and prior to, executing this Settlement Agreement. The language of this Settlement Agreement has been approved by counsel for the parties. 5. Power to Bind. Each person executing this Agreement on behalf of each party indicated represents that he or she is more than twenty-one (21) years of age and he or she has full power and authority to bind the party indicated. Neustadt Settlement Agreement LMD:ch 6/20/00 -- 1 :37 PM 2 6. Payment of Costs and Attorneys' Fees. Bmployer and Employee shall each bear their own attorneys' fees and costs incurred in connection with this Settlement Agreement. 7. No Waiver. Any failure by any party to enforce any of their rights and privileges under this Agreement shall not be deemed to constitute a waiver of any rights and privileges contained herein. 8. Entire Understanding. The parties acknowledge that this Agreement contains the entire understanding of the parties and that it may not be modified without the express written consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to be signed as of the first date written above. For the Employer: .. "., . J .)t .. . # 'f By: ",," . ... . . J . '. ~ .--'.... . .., :.;. :. ;"'1\TTESn ..,,- 1 " ~CiZ~~~ RichardBrown-Morilla, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ :J Pamela S. Terranova, Esquire Attorney for Employee Neustadt Settlement Agreement LMD:ch 6/20/00 -- I :37 PM " .) STATE OF FLORIDA ) ):ss COUNTYOF:J~AtD ) BEFORE ME, the undersigned authority, personally appeared JACK NEUSTADT, who is personally known to me an first being duly sworn, deposes and says that he has read the above and the foregoing Agreement and that he has executed same for the purposes therein expressed. . 'J""t/I\ ~ 2000. SWORN TO AN:,~U:,.:,~Rl:,~:o~,efor.e me tht.2.soV a of / ~7 ~ " o~ M. ,,"" up 12.11120"0 : ./ / ~~ ;:! NOTAR' 0 B ., 8 S ' ,,~ C . oft PUBLIC l> Q:HJeG y erldCt': ,ns ~ CC607120 Notary Public 0'.'>ona'I,....""JJIl I I Olhcr!O Print Nam:~'L-{6..... ~00\'{;\.. My Commission Expires: Neustadt Settlement Agreement LMD:ch 6/20/00 -- 1 :37 PM 4 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 4. It is understood that Neustadt may file a charge of age discrimination or any other employment discrimination charge with the Equal Employment Opportunity Commission (E.E.O.C.) or any other comparable agency. Should Neustadt file such a charge of discrimination, however, Neustadt hereby releases, waives and discharges any right he may have to file a lawsuit asserting any such charge or to recover any relief in any lawsuit filed on his behalfby the E.E.O.C. or any other comparable enforcement authority. 5. Neustadt acknowledges and affirms that, prior to executing this Acknowledgement, Waiver and Release Agreement, which includes the attached Settlement Agreement, Neustadt has consulted with an attorney and that Neustadt is represented by an attorney of choice. 6. Neustadt and the City acknowledge and affirm that the benefits which are described in the Settlement Agreement, appended to and made part of this Acknowledgement, Waiver and Release Agreement, constitute full, complete and adequate consideration for this Agreement. 7. Neustadt further acknowledges and affirms that, prior to executing this Acknowledgement, Waiver and Release, which includes the attached Settlement Agreement retirement benefits, Neustadt was provided with a twenty-one (21) day period within which to consider this Acknowledgement, Waiver and Release Agreement, including the Settlement Agreement. 8. Neustadt further acknowledges and affirms that he has been advised that, following the execution of this Acknowledgement, Waiver and Release Agreement, which includes the attached Settlement Agreement, there will be a revocation period of seven (7) days during which he may revoke this Acknowledgement, Waiver and Release agreement, and that this Acknowledgement, Waiver and Release Agreement, including the attached Schedule of Severance Benefits, shall not become effective or enforceable until the seven (7)-day revocation period has expired. Neustadt may revoke this Agreement by submitting written revocation notice to the City Attorney, Lynn M. Dannheisser. In order to be effective, Neustadt's revocation notice must be received prior to the expiration of the seven (7)-day revocation period, after or concurrent with the conclusion of the time period set forth in Paragraph 7 hereinabove. 9. This Agreement shall be governed by Florida law, and venue for any action arising out of this Agreement shall be in Miami-Dade County, Florida. 10. In the event any party is required to institute litigation to enforce this agreement or in the event that any party brings a suit or files a charge or claim in violation of this agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs, including appeal. 11. Neustadt acknowledges and affirms that he has read and fully understands this Acknowledgement, Waiver and Release Agreement, including the attached Settlement Agre7;t. dfUJ41 f(JJ efj- JACK NEUSTADT, Employee f I ~ (~c/ ~{J ( Date Acknowledgement, Waiver & Release Agreement 2 Jack Neustadt LMD:ch 6/20/00 -- I :36 PM fa -d-O - 00 Date 7-~/ /acJ Date'" / .J . - ;' ~1~~~ ." .tk~d Brown-Marilla, City Clerk -;r/"/to Date ' APPROVED AS TO FORM AND LEGAL SUFFICIENCY: to/2Ci/OO Date I Acknowledgement, Waiver & Release Agreement 3 Jack Neustadt LMD:ch 6/20/00 -- I :36 PM EXHIBIT B LIMITED RELEASE BY THE CITY OF SUNNY ISLES BEACH WHEREAS, JACK NEUSTADT ("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. The City of Sunny Isles Beach releases and discharges Neustadt, from any and all claims, liabilities, demands and causes known or unknown, which the City may have arising out of any act or omission and in the course and scope of his employment as Finance Director and/or Acting City Manager unless, in the case of a tort action, Neustadt acted outside the scope of his employment, illegally, in bad faith with malicious purpose, or, in any manner exhibiting willful and wanton disregard of human rights, safety, or property. 2. It is understood that the City of Sunny Isles Beach does not waive any rights or claims that may arise out of enforcement of the Settlement Agreement to which this Release is attached as Exhibit "B." 3. This Agreement shall be governed by Florida law, and venue for any action arising out of this Agreement shall be in Miami-Dade County, Florida. 4. In the event any party is required to institute litigation to enforce this agreement or in the event that any party brings a suit or files a charge or claim in violation of this agreement, the prevailing party shall ~~ entitl~d t~ reason~le attorneys' fees and costs, including appeal. CITYOFS . YISL BACH ( , ;Z!:~ Date , . .~ ~ ~~~~~ Richard Br<;'>wh-Morilla, City Clerk ~/l\I()o Date Limited Release by the CSIB Jack Neustadt LMD:ch 6/20/00 -- I: 10 PM APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~~ _J- L M. DannheIsser, CIty Attorney Date Limited Release by the CSIB Jack Neustadt LMD:ch 6/20100 -- 1: 1 0 PM 2 ~/2q/oO