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HomeMy Public PortalAbout2016-23 Approving settlement agreement Jos� Mart� v VKBRESOLUTION NO. 2016.23 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE SETTLEMENT AGREEMENT IN THE ACTION STYLED JOSE MARTI V. VILLAGE OF KEY BISCAYNE; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jose Marti ("Marti") has been employed by the Village of Key Bisca¡me ('Village") since 1993, and is currently assigned as Fire Captain in the Village's Fire Department; and \ryHEREAS, Marti, on or about January 8,2015, Village Fire Captain Jose Marti filed a complaint against the Village in the Circuit Court of the 11ù Judicial Circuit in and for Miami-Dade County, Florida, styled Jose Marti v. Village of Key Bisca)¡ne, Case No. 15-404-CA-01 ('ol-awsuit"), alleging age and national origin discrimination and retaliation in violation of Title VII and the ADEA; WHEREAS, the Village has denied Marti's allegations; that he was discriminated and retaliated against; and \ryHEREAS, Marti and the Village desire to compromise all claims asserted in the Lawsuit, including, but not limited to, all emplo¡rment claims alleged therein or which could have been asserted in the lawsuit (collectively referred to herein as the "Claims"), on a global lump-sum basis; and \ryHEREAS, Marti is willing to sign a Settlement Agreement and General Release (attached hereto as Exhibit'01") extinguishing any and all Claims including, but not limited to, his ernployrent discrimination and retaliation claims and all past and present claims related to his employment with the Village, together with any costs andlor attorney's fees, in exchange for payrnent of $135,000.00; and WHEREAS, although the Village does not believe that it discriminated or retaliated against Marti or that it took any unlawful action against Marti or was in any manner responsible for Marti's purported damages, the Village Council desires to approve the $135,000.00 settlement and to sign the Settlement Agreement and General Release (attached hereto as Exhibit oo1"), thereby disposing of all Claims that wore or could have been asserted against the Village. NO\il, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VTLLAGE OF KEY BISCAYNE, FLORTDA AS FOLLOWS: Section 1. That the foregoing "\MHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That it approves the settlement of all Claims that were or could have been asserted by Jose Marti in the Lawsuit, inclusive of costs and attorney's fees, for $135,000.00, as set forth in the attached Settlement Agreement and General Release (Exhibit "1"). Section 3. That the appropriate Village officials are authorized to execute all documents deemed necessaryby the Village Attomey to implement the intent of this Resolution and to provide for payment as indicated. Section 4. That this Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day ofJune,2016 PENA T A H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY 2 VILLAGE ATTORNEY SaIILEMENT ASRnEMENT ArTp GENtrRAL RELEASE \ryHnRAAS, Jose Mårti ("Mdì"), a Fire Captain in the Village of Key Biscayne ("Village") Fire Departnent, has filed charges of discrimination with the [ìqual Employment Opportunity Commission and filed a complaint against the Village in the Circuit Court of the I lft Judicial Circuit in and for Miami-Dade County, Florida styled Jqse Marti v.Jillage of Key BispayJre., Case No. 15404-CA-01 ("Lawsuit"), in which he alleged that the Village discriminated against him because of his age and national origin, in violation of Title VII and the ADEA, and that the Village retaliated against him, and has since amended his complaint to add an additional retaliation claim; and \ryHEREAS, the Village denies Marti's allegations in the EEOC charges and the Lawsuit; and WIIEREAS, both Marti and the Village desire to compromise all claims asserted in the EEOC charges and Lawsuit (collectively referred to herein as the "Claims"), including, but not limited to, all employment claims alleged therein or which could have been asserted in therein, on a global lump-sum basis, with the following terms: l. Dismi$Ênl of-thg_.Comol¡Í{rt with Preiudice. Within ten (10) business days of the payment of the consideration set forth in paragraph 2 below, Marti will cause his counsel to execute and fìle with the Court a Stipulation for Dismissal with Prejudice of the l,awsuit, a copy of which is attached hereto as Exhibit A. R'r'l Page I of8 I'ltË 2. Çgnsi{-eJation* In exchnnge for the mutual promises exchanged herein, Prefsned Governmental Insurance Trust ("PCIT") agrees 1o pny Marti the total sum of one hundrecl thirty five thousand and zcro dollan ($135,000,00), inclusive of all atlorneys' fees and costsn on behalf of the Village of Key Biscayne (the "Village") and the following: o. In the event that Marti separates from employment with the Village, including rctirement" the Village agrees to stamp/mark his disciplinary records ar¡ "rescinded." b. The Village agrees that in the event that Chief Eric Lang is contacted by a prospective employer, provided that Mari is in good standing wÍth the Village at the time of the contact, Chief Eric Lang agrees to state o'l can confirm that Jose Marti is in the process of being promoted to Division Chief." The effective date of the promolion will be $even (7) days prior to separation with the Village. The payment referenced herein, which will be made within ten (10) business days of the Effective Date of this Agreement (as defined in paragraph 11 below), will be made by check payable to "Tlp Trust Accq-unf Of Rode ' and shall be tendered to Marti's legal counsel, Roderick V. Hannah, P.4.,8751 West Br¡lward Blvd., Suite 303, Plantation, FL 33324. Marti agrees that the payment set forth above is all he is entitled to receive from the Village and its elected ofTicials, officers, nìanager$, attorneys and employçes in both their official ûnd individual capacities, and their heirs, executor$, administrators, successors and and TI Page 2 of8 THE all other penions, partnerships, fìrms or corporations reprcsenting or acting on behalf of the Village, including its insurers and agents, including PGIT, Public Risk Underwriters of Florida ("PRU'), PGCS Claims Services, and its subsidiaries, successors, and assigns (hcreinafter collectively referred to as the "Released Parties"), as settlement of any ånd all of his Claims or demands against the Village of any kind or nature that he once had or now has, including but not limited to the claims asserted in the Lawsuit and all those Claims which are related to or arising out of sarne. Marti acknowledges and agrees that, in accordance with paragraph 4 below, he is solely responsible for the payment of âny and all taxes that are due and owing or may subsequently be determined by any appropriate taxing authority to be owed by him with respect to this settlement payment. 3. Comnl.eje R.-e.lense, In consideration of the payment to Marti as set forth in paragraph 2 of this Agreement, Marti knowingly and voluntårily waives any and all known and unknown claims which he has or may have against the Released Parties, from the beginning of the world until the date of execution of this Agreement, including, but not limited to, any claim(s) under: r Title VII of the Civil Rights Act of 1964; o The Civil Rights Act of l99l;r The Florida Civil Rights Act of 1992; o Sections l98l through 1988 of Title 42 of the United States Code; e The Constitutions of the United States and the State of Florida; r The Age Discrimination in Employment Act; r The Older Workers Benefìt Protection Act; r Florida Wage and Hour Laws; o Florida and federal whistle-blower laws, including I12.3187, Florida Statutes; 3 of I THE r The lnternal Revenue Code;r The Rehabilitation Act;r The Consolidated Omnibus Budget Reconcilialion Act; o The Immigration Reform and Control Act of 1986; r The Americans with Disabilities Act of 1990; r The Fair Labor Standards Act;o The Equal Pay Actofl963;o The Family and Medical Leave Act of 1993; ö Any other federal, state, or local civil or human rights law or any other federal, state, or local law, regulation, or ordinance; or o Any public polìcy, contract, or common law claims, including any tort claims (e.g,, negligent or intentional infliction of emotional distress; negligent retention, supervision or training; defamation; assault; battery; false imprisonment; wrongful termination; loss of consortium, etc.) whether based on cornmon law or otherwise. Marti understands that the foregoing list of causes of action which have been waived is meant to be illustative rather than exhaustive, and understands and acknowledges that he is waiving and releasing the Released Parties from any and all causes of action of a:ry nature whatsoever. lt is Marti's intention to fully, finally and forever resolve and release any and all disputes he may have or believe himself to have against the Released Parties with respect to any alleged acts occurring before the Efnective Date of this Agreement (as defined in paragraph I I below), whether those disputes are presently known or unknown, suspected or unsuspected. It is Marti's intention to release the Released Parties from any claim andlor cause of action for payment of outstanding overtime hours, for hours worked before the Efïective Date of this Agreement. This waiver covers any and all claims for personal injury, emotional, mental, and physical pain and suffering, loss of earnings and earning capacity; and loss of support and servtces. Page 4 of8 THE 4, Hold. H¡rmless-Trxeq. Marti agrees that if the Internal Revenue Service determines that additional t¿xes should have been deducled from the monies he rsceived pursuant to Paragraph 2 above, he will indemnifr and hold the Released Parties harmless and assume any and all liability for taxes, interest or penalties assessed against the Released Partiss. 5. lioq-Discfosure{No[;Public¡tion. Marti agrees that he shall not directly or indirectly disclose, divulge, communicate, display, publish, or reveal the conlent or tenns of this agreement through any medium, either orally or in writing, including, but not limited to, electronic mail, television or radio, oomputer networks or Intemet bulletin boards, blogs, social media, such as Facebook, Linkedln, or Twitter, or any other form of communication to any third party whatsoever including without limilation, any past, present or future employee of, or any applicant for employment of the Village, any party tCI an administrative action, arbitration, mediation, or litigation againsf the Village and any attomey to any such party, customer, or partner of the Village, except as follows: to Marti's counsel, immediate family, spouse, accountants, financial advisors, tax professionals retained by them, any federal, state, or local govemmental taxing or regulatory authority, any govemmental agêncy when such disclosure is required by federal, state, or local law, including tax laws, any party when such disclosure is required by a subpoena issued by a court of competent jurisdiction, and except as required by law or order of court. ó. Gpvernins Lnw snd lntçrorelrfign. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. If any provision of this RTI Page 5 of8 T'HË is declared illegal or unenforceable by any court of competent juriscliction and if it cannot be modified to be enforceable, such provision shall immediately become null and void, leaving the remainder of this Agreement in full forcs and effect. In the event that it becomes necessary for either party to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs in any such action. Venue for any litigation arising ûom this Agreement will be in Miami-Dade County, Florida. 1. Entire Asrecment. This Agreement sets forth the entire agreement and shall supersede any and all prior agreements, understandings, whether written or oral, between the parties, except as specified in this Agreement. Marti acknowledges that he has not relied on any representations, promises, or agreements of any kind made to him in connection with his decision to sign this Agreement except for those set forth in this Agreement. 8. Encouraeemsnt to CJEj$ult Attorney. Marti acknowledges that he has taken a reasonable perìod of time to consider the Agreement and has consulted with legal counsel before signing this Agreement. 9, Ampndqgn!. This Agreement may not be amended except by written agreement signed by all Parties. 10. Revocntion Period. In ascordance with the ADEA, Marti may revoke this Agreement within seven (7) days of Ma¡ti signing it. Revocation must be made by delivering a written notice of revocation to: Weiss Serola Helfmaû Cole & Bierman,200 East Broward Blvd., Suite 1900, Fort Lauderdale, FL 33301. For any such revocation to be effective, written TI Page 6 of I must be received no later than the close of business (5:00 p.m.) on the seventh day after Marti signs this Agreement. If Marti revokes this Agreement it will not be effective or enforceable and Marti will not receive any of the compensation or other benefits described in Paragraph 2 of this Agreement. The Agreement will not become eflective or enforceable until the revocation period has expired. tl. Effective Date. Both Marti and the Village must execute this Agreement in order for it to be effective. This Agreement will become eflective upon the expiration of the revocation period, which will be at 5:01 p.m. of the seventh (7ü) day after execulicn by Marti and upon execution of this Agreement by the Village Council, whichever occurs last. 12, Hea4inss,. Section headings are used herein for convenience of reference only and shall not affect the meaning of atry provisions of this Agreement. 13. Acknowledsement. Marti acknowledges that he has carefully reviewed and understands this Agreement consisting of I pages and agrees that no other representations have been made to him other than those contained herein. Marti also acknowledges that he enters into this Agreement voluntarily, without any pressure or coercion, and with full knowledge of its significance, and this Agreement constitutes a full and absolute settlement and bar as to any and all claims he had, has, or may have against the Released Parties. ¡I.¡T* THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLAhJK *** TI TI{Ë Page 7 of I IN WITNESS WHEREOF, Jose Marti hereto knowingly and voluntarily executed this Agreement as date set fortl¡ bclow. JOSE By: Date: IN WI'INESS WHEREOF,on behalf of the Village of Key Biscayne, hereto knowingly and voluntarily executed this Agreement as of the date set forth below. THE VILLAGE OT KEY BISCAYNE By T] Page I of8 THË VII-I,AçI'