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.
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. ~~har4 Brown-Morilla, City Clerk
. Neustadt,. Settleme~t Agreement Res.
6/29/00 ,- 9:33 AIvf
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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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
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Moved by:
Seconded by:
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_(No)
_(No)
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_(No)
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SETTLEMENT AGREEMENT
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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
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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
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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:
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RichardBrown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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Pamela S. Terranova, Esquire
Attorney for Employee
Neustadt Settlement Agreement
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STATE OF FLORIDA )
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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.
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Neustadt Settlement Agreement
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6/20/00 -- 1 :37 PM
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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
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.
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JACK NEUSTADT, Employee
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Acknowledgement, Waiver & Release Agreement 2
Jack Neustadt
LMD:ch 6/20/00 -- I :36 PM
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." .tk~d Brown-Marilla, City Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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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
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Richard Br<;'>wh-Morilla, City Clerk
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Date
Limited Release by the CSIB
Jack Neustadt
LMD:ch 6/20/00 -- I: 10 PM
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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L M. DannheIsser, CIty Attorney
Date
Limited Release by the CSIB
Jack Neustadt
LMD:ch 6/20100 -- 1: 1 0 PM
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