Res. No. 008-08-12605A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING SETTLEMENT
AGREEMENT WITH DANIEL SALERNO PAYING AN AMOUNT NOT TO EXCEED
$6000 FROM ACCOUNT NUMBERS 001 -2100- 519 -4910 AND 001 - 1910 - 521 -1210;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS; the Mayor and City Commission of the City of South Miami are empowered to
settle claims and to approve settlement agreements; and
WHEREAS, Daniel Salerno has filed an EEOC claim (charge no. 510- 2007 - 06052), against the
City; and
WHEREAS, Daniel Salerno has agreed to a settlement agreement and the Mayor and City
Commission desire to approve the agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The settlement agreement between Daniel Salerno and the City of South Miami is approved.
Section 2: The City Commission is authorizing the City Manager to pay an amount not to exceed $6000,
and to charge to account numbers 001 - 2100 - 519 -4910 and 001 - 1910 -521 -1210 with account balances
of $120,000 and $2,868,512.42, respectively.
Section 3: The payout will satisfy any and all EEOC claims made by Daniel Salerno.
Section 4: This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this day of 9:�—� 2008.
6r
ATTEST:
Ohl t
CLERK
.•• i0
MAYOR
1: COMMISSION VOTE: 5 -0
Mayor Feliu: Yea
Vice Mayor Wiscombe: Yea
Commissioner Palmer: Yea
Commissioner Birts: Yea
Commissioner Beckman: Yea
el�M,
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Jeanette Enrizo, Human Resource Mana6
Date: January 3, 2008 Agenda Item o.:
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING
SETTLEMENT AGREEMENT WITH DANIEL SALERNO PAYING AN AMOUNT
NOT TO EXCEED $6000 FROM ACCOUNT NUMBERS 001-2100-519-4910
AND 001 - 1910 - 521 -1210; PROVIDING FOR AN EFFECTIVE DATE.
Request: Approving Settlement Agreement for Daniel Salerno
Reason/Need: To settle pending EEOC charge no. 510-2007-06052 that Daniel Salerno has
filed against the City.
Cost: $6000
Funding Source: 001 -2100-519-4910 (Other Charges/Obligations) with account
balance of $120,000.
001 -1910-521-1210 (Sala ries/Wages) with account balance •
$2,8168,512.42.
Full Waiver and Release of Claims - Settlement Agreement —
Daniel Salerno.
1. This Full Waiver and Release of Claims ("Agreement") is entered into by
DANIEL SALERNO ("SALERNO") and the CITY OF SOUTH MIAMI. The City of South
Miami is defined to include its current and former commissioners, department directors,
supervisors, officers, attorneys, employees, successors in interest, predecessors, representatives,
agents, insurers, and assigns, all in their representative and individual capacities (collectively
referred to herein as the "CITY").
2. In exchange for the consideration set forth in Exhibit A of this document,
SALERNO agrees to dismiss his charge of discrimination, EEOC Charge No. 510-2007-06052,
and waives and releases the CITY from any and all claims which SALERNO has or might have
against the CITY arising out of his employment with the CITY or his separation from that
employment. This waiver and release includes, without limitation, any claim or lawsuit arising
under the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of
1964 (as amended by, among other things, the Civil Rights Act of 1991), the Florida Civil Rights
Act, the Equal Pay Act of 1963, the Labor Management Relations Act, the Americans mericans with
Disabilities Act of 1990, the Family and Medical Leave Act of 1993, the Fair Labor Standards
Act (as amended), the Older Workers' Benefits Protection Act, 42 U.S.C. § 1981; 42 U.S.C. §
1983; Chapters 112 and 119, Fla. Stat. and Charter of the City of South Miami and any other
applicable federal or state statute, or any local ordinance, or any common law cause of action,
including without limitation, claims for breach of contract, constitutional violation, wrongful
discharge, or claims of personal injury. SALERNO understands and agrees that the foregoing list
"'e—oKcauses of action which have been waived, is meant to be illustrative rather than all-inclusive,
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and that he is waiving any and all claims that he has, had, or might have against the CITY. This
Release does not waive any rights or claims arising after the signing of this Release.
3. SALERNO agrees that he will not take any action or make any comments, which
might embarrass, harass or adversely affect the CITY. SALERNO agrees not to disparage the
good reputation or business practices of the CITY or any of its current or former associates,
officers, commissioners or managers. If SALERNO is asked about this Agreement, SALERNO
will simply state that any issues were mutually resolved by the parties.
4. Except as may be required by law, SALERNO agrees not to disclose the facts of
this Agreement or its terms or substance to any person other than his attorney, accountant, or tax
adviser. To the extent that disclosure is made to her attorney, accountant, or tax adviser,
SALERNO is responsible for ensuring that such person likewise does not disclose the fact of this
Agreement or its terms or substance.
5. SALERNO agrees and acknowledges that the benefits he is accepting in exchange
for the promises he makes herein (including, but not limited to, his full waiver and release of
claims) constitutes consideration to which he is not already entitled and that such consideration
represents full and total satisfaction of any and all claims that he has, had, or might have against
the CITY.
6. SALERNO understands that nothing in this Agreement prohibits him from filing a
charge of discrimination with or participating in any investigation or proceeding before any
federal, state or local governmental agency such as the Equal Employment Opportunity
mission. SALERNO also understands that nothing in this Agreement prohibits him from
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challenging the validity of this Agreement. Notwithstanding these rights, SALERNO
understands and agrees that this Agreement precludes him from recovering any relief as a result
of any charge, lawsuit, or proceeding brought by himself or on his behalf arising out_� his
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employment with the CITY &
7. SALERNO acknowledges that the CITY is entering into this Agreement solely to
avoid the cost of defending against any administrative or legal action and that it is not an
admission of liability. In fact, the CITY states that it has done nothing wrong as to SALERNO
and it expressly denies that it is in any way liable to SALERNO.
8. SALERNO acknowledges that he has been given a period of twenty-one (21) days
to consider this Agreement. SALERNO also acknowledges that any change to this Agreement,
whether material or immaterial, during the twenty-one (21) day consideration period will not re-
start the twenty-one (21) day consideration period.
9. SALERNO understands that he has seven (7) calendar days after signing this
Agreement to revoke this Agreement. In order for SALERNO to revoke the Agreement, he
understands that the revocation must be in writing, addressed to James C. Crosland, Esquire,
Akerman Senterfitt, One Southeast Third Avenue, 25th Floor, Miami, Florida 33131, and that it
must be received by the CITY within the seven (7) calendar days following the date SALERNO
signs the Agreement. (Should the seventh (7th) day fall on a weekend or holiday, the time period
for receipt of any revocation will extend to the next business day.) If a written revocation is
received in a timely manner, this Agreement will become null and void. If no revocation is
received, this Agreement will become effective at 5:01 p.m. on the seventh (7th) calendar day
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following SALERNO's execution of this Agreement, and the parties will thereafter be bound by
its terms and conditions. The CITY will provide the payment agreed to herein within five (5)
days of the date that this Agreement becomes effective.
10. SALERNO acknowledges that he was advised to consult with an attorney of his
choosing prior to signing this Agreement. SALERNO further acknowledges that he either
consulted with an attorney or voluntarily chose not to consult with an attorney. By signing this
Agreement, however, SALERNO acknowledges that he fully understands this Agreement and
that he agrees to be bound by its terms and conditions.
11. If any term or provision of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be declared invalid or unenforceable by a court of competent
jurisdiction, the remainder of this Agreement, or the application of such term or provision to
persons other than those as to which it is held invalid or unenforceable, shall not be affected
thereby. However, should the waiver and release be held invalid or unenforceable, SALERNO
shall immediately return to the CITY any and all consideration provided by the CITY, as a result
of this Agreement.
12. The parties agree that this Agreement is governed by the laws of the State of
Florida. If there is any dispute as to the interpretation, application or violation of this Agreement,
the parties acknowledge and agree that such dispute shall be heard by a judge and not a jury in
Miami-Dade County, Florida. The parties agree that the prevailing party in any litigation
regarding this Agreement shall be entitled to recover all attorneys' fees and costs in connection
with any litigation or proceeding resulting from this Agreement.
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13, After having read this Agreement consisting of five (5) pages and Exhibit A, and
C,
fully understanding its contents, the parties, intending to be legally bound, execute this
Agreement as of the date set forth below.
DANIEL SALE"
WOWAM
Date
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CITY OF SOUTH MIAMI
Date
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The CITY will provide SALERNO with the following:
1. Back pay to be computed by payroll.
2. Adjustment of any applicable benefits, including calculation of retirement
benefits, from April 4, 2007 to the effective date of their Agreement.
3. Reinstatement of SALERNO's annual salary to $85,184.32 ($40.954 per hour),
effective the date of this Agreement.
4. Attorneys' fees in the amount of Two Thousand Five Hundred Dollars ($2500),
payable to the Trust Account of Neil Flaxman, Esquire.
5. To the extent that any personnel record reflects the current rank of SALERNO as
Commander, it will be corrected to show his rank as Lieutenant.
(M2621089;1)