Res. No. 009-08-126061XIESOLUTION NO.: 0 9 - 0 8 -12 6 0 6
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING SETTLEMENT
AGREEMENT WITH BRUCE ROSS 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, Bruce Ross has filed an EEOC claim (charge no. 510-2007-06056), against the City;
and
WHEREAS, Bruce Ross has agreed to a settlement agreement and the Mayor and City
Commission desire to approve the agreement.
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Section 1: The settlement agreement between Bruce Ross and the City of South Miami is approved.
Section 2: 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: This payout will satisfy and all EEOC claims made by Bruce Ross.
Section 4: This resolution shall take effect immediately upon approval.
REA?.2���TD AS TO FORM: COMMISSION VOTE:
5-0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
CITY ATTO9511E,"l Q-") Commissioner Birts:
Yea
Commissioner Beckman:
Yea
ffile
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CITY OF SOUTH MIAMI
° INCORPORATED OFFICE OF THE CITY MANAGER 2001
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
Via: Yvonne S. McKinley, City Mana 4er 4- -
From: Jeanette Enrizo, Human Resou anager
Date: January 8, 2008 Agenda Item No.:ff
RMP
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO CONTRACTS; APPROVING
SETTLEMENT AGREEMENT WITH BRUCE ROSS 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 Bruce Ross
Reason/Need: To settle pending EEOC charge no. 510-2007-06056 that Bruce Ross has filed
against the City.
Funding Source: 001-2100-519-4910 (Other Charges/Obligations) with account
balance of $120,000.
001-1910-521-1210 (Salaries and Wages) with account balance of
$2,868,512.42.
Full Waiver and Release of Claims — Settlement Agreement —
Bruce Ross.
1. This Full Waiver and Release of Claims ("Agreement") is entered into by BRUCE
ROSS ("ROSS") 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, ROSS
agrees to dismiss his charge of discrimination, EEOC Charge No. 510-2007-06056, and waives
and releases the CITY from any and all claims which ROSS 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 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. ROSS understands and agrees that the foregoing list of causes of
action which have been waived, is meant to be illustrative rather than all-inclusive, and that he is
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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. ROSS agrees that he will not take any action or make any comments, which might
embarrass, harass or adversely affect the CITY. ROSS 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 ROSS is asked about this Agreement, ROSS will simply state
simply
that any issues were mutually resolved by the parties.
4. Except as may be required by law, ROSS 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, ROSS
is responsible for ensuring that such person likewise does not disclose the fact of this Agreement
or its terms or substance.
5. ROSS agrees and acknowledges that the benefits he is accepting in exchange for
the promises he makes herein (including, but not limited to, his fall 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. ROSS 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
Comp. , ission. ROSS also understands that nothing in this Agreement prohibits him from
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challenging the validity of this Agreement. Notwithstanding these rights, ROSS 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 of his em lat ent with the
TTl lit.
CITY
7. ROSS 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 ROSS and it expressly
denies that it is in any way liable to ROSS.
8. ROSS acknowledges that he has been given a period of twenty-one (21) days to
consider this Agreement. ROSS 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.
ROSS
understands that
he has seven
(7) calendar days
after signing this
Agreement
to revoke
this Agreement.
In order for
ROSS 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 ROSS 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 following the
INJ
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ROSS'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. ROSS acknowledges that he was advised to consult with an attorney of his
choosing prior to signing this Agreement. ROSS further acknowledges that he either consulted
with an attorney or voluntarily chose not to consult with an attorney. By signing this Agreement,
however, ROSS acknowledges that he fully understands this Agreement and that he agrees to be
bound by its tenns 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, ROSS 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
fully understanding its contents, the parties, intending to be legally bound, execute this
Agreement as of the date set forth below.
BRUCE ROSS
Witness
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Print Narne
Date t
(M2621074;1)
CITY OF SOUTH MIAMI
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Date If
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The CITY will provide ROSS. 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 this Agreement.
3. Reinstatement of ROSS's annual salary to $87,087.52 ($41.869 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 ROSS as
Commander, it will be corrected to show his rank as Lieutenant.
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