Res. No. 021-06-12162RESOLUTION NO. 21-06-12162
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE RESIGNATION OF MARIA DAVIS AS CITY MANAGER;
AUTHORIZING THE PAYMENT OF SEVERANCE BENEFITS
TO MS. DAVIS; PROVIDING AUTHORIZATION FOR USE OF
CASH RESERVE FOR THE DISBURSEMENT; APPROVING
THE ATTACHED ACKNOWLEDGEMENT AGREEMENT,
WAIVER AND RELEASE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Maria Davis, the current City Manager, has tendered her
resignation as City Manager, effective immediately upon the City Commission's
approval of this Resolution and Agreement; and,
WHEREAS, the Mayor and City Commission have agreed to accept her
resignation; and
WHEREAS, the Mayor and City Commission in consideration for Ms.
Davis' years of service to the city have agreed to pay Ms. Davis severance
benefits.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. Ms. Maria Davis' resignation as city manager is accepted by
the Mayor and City Commission.
Section 2. The Mayor and City Commission approve and incorporate by
reference into this resolution, the attached "Acknowledgment Agreement, Waiver
and Release," which agreement is attached as exhibit A to this resolution. Ms.
Davis, upon approval of this resolution, and upon return of all city equipment,
shall be compensated as provided for in the attached agreement within 15 working
days. The city shall not pay for automobile, gas and cell phone allowances,
professional fees or other expenses after the effective date of this resolution.
Severance payments shall be paid from the cash reserve which presently has a
balance of $1,565,659.
Section 3. This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by Wig.
Res. No. 21 -06 -12162
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PASSED AND ADOPTED this day of February, 2006.
ATTEST: APPROVED:
CITY CLERK !MAYOR
AS TO FORM:
L ! igueredo, Office o Attorney
IVagm Gallop & Figueredo, PA
Page 2 of 2
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Birts Cooper:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
EXHIBIT A
ACKNOWLEDGEMENT AGREEMENT, WAIVER AND RELEASE
THIS ACKNOWLEDGEMENT AGREEMENT, WAIVER AND RELEASE
{"Agreement") is made this a day of February 2006, by and between the City of South
Miami City Commission ( "City Commission ") and Maria V. Davis ( "Davis ").
WHEREAS, Davis served as City Manager for the City of South Miami commencing
July 14, 2003 through the date of the execution of this Agreement; and
WHEREAS, Davis has tendered her resignation, effective immediately upon the City
Commission's approval of this Agreement; and
WHEREAS, the City Commission has accepted Davis' resignation; and
WHEREAS, the City Commission and Davis have agreed that Davis, in recognition of
her years of dedicated service to the City of South Miami shall receive the benefits specifically
set forth in Exhibit 1, Schedule of Wages and Benefits, attached hereto and incorporated herein
by reference.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements contained herein, the adequacy and sufficiency of which are hereby acknowledged as
good and valuable consideration, the City Commission and Davis hereby agree as follows:
I . Davis has tendered to the City Commission her letter of resignation effective upon
the approval of this Agreement by the City Commission and the City Commission has accepted
said resignation.
2. Davis shall within fifteen (15) days of the effective date of the approval of this
agreement receive a lump sum cash payment equal to five months of her current salary beyond
the date of her last day of employment as set forth in Exhibit 1.
3. The City shall continue to pay medical, dental and disability insurance coverage
for Davis through July 31, 2006.
4. The City shall also pay Davis accrued vacation time and accrued sick time, as set
forth in Exhibit 1.
5. Davis, for herself and her personal representatives, successors and assignees,
releases and discharges the City of South Miami and all agents, officers, or employees from all
claims, liabilities, demands, grievances and causes known, fixed or contingent, which she may
have or claim to have, against the City, or any of its agents, officers or employees as a result of
her employment, including, but not limited to, wrongful discharge or for bodily or personal
injury, and Davis covenants not to file a lawsuit or pursue any administrative process to assert
such claims except as specified in paragraph number 6 below. This Waiver and Release
includes, but is not limited to, lawsuits or claims arising under Title VII of the Civil Rights Act
of 1964 (42 U.S.C. 2000E, et, seq.); the Age Discrimination in Employment Act of 1967 (29
U.S.C. 621,et, seq.); Whistleblower action; Miami -Dade County Ordinance Chapter IIA; the
Americans with Disabilities Act; the Florida Civil Rights Act; the Fair Labor Standards Act;
Page I of 4
Acknowledgement, Waiver and Release Agreement
Family Medical Leave Act, or Pregnancy Discrimination Act (42 U.S.C. 2000E(k)) or any action
in contract, tort, regulation, charter, ordinance, or resolution, and any other federal, state or local
law.
6. It is understood that Davis does not waive any rights or claims that may arise after
the date on which this Agreement is executed.
7. It is further understood that in the event Davis is sued for any reason arising from
her employment as City Manager, the City shall provide a legal defense and indemnify her from
any damages arising from the discharge of her duties as City Manager. The City, however, shall
have no further obligation to indemnify Davis, if Davis is found guilty of gross negligence in the
discharge of her duties as City Manager.
8. This City Commission, its agents, officers or employees, successors and
assignees release and forever discharge Davis, for herself and her personal representatives,
successors and assignees from all claims, liabilities, demands grievances and causes known or
unknown, fixed or contingent which the City Commission may have or claims to have against
Davis as a result of her tenure of employment with the City. However, this release does not
affect any claims which are based on Davis' willful and unlawful acts, gross negligence or
dishonesty in the performance of her duties as City Manager
9. The acceptance of Davis's resignation and the acceptance and receipt of benefits
set forth in Exhibit 1 shall be the complete, final and irrevocable relinquishment of Davis'
current employment with the City of South Miami.
10. It is understood that Davis shall not file any charge of discrimination against the
City arising from her employment as City Manager with the Equal Employment Opportunity
Commission (E.E.O.C) or any other comparable agency. Should Davis file such a charge of
discrimination, Davis hereby releases, waives and discharges any right she may have to file a
lawsuit asserting any such charge or to recover any relief in any lawsuit filed on her behalf by the
E.E.O.C. or any other comparable enforcement authority.
11. Davis acknowledges and affirms that she has read and fully understands this
Agreement.
12. Davis acknowledges and affirms that, prior to execution of this Agreement, Davis
consulted with an attorney.
13. Davis and the City Commission acknowledge and affirm that the benefits, which
are described in -this Agreement constitute full, complete and adequate consideration for said
Agreement.
14. 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.
15. In the event that Davis or the City Commission institutes litigation to enforce this
Agreement or in the event that either party brings suit or files a charge or claim in violation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs.
16. This Agreement shall be effective and binding upon approval by the City
Commission and the execution of the Agreement by the City Commission and by Davis.
W
17. All waivers of any right(s) provided by this Agreement or by law, or of breach or
default by a Party shall be in writing. The failure to demand specific performance shall not
constitute a waiver of any provision of this Agreement, or a waiver of any other default. The
waiver by either party of a specific breach of, or default under, this Agreement by the other shall
not be deemed a waiver of any subsequent breach or default.
18. Davis and the City Commission mutually agree that this document is a product of
their mutual efforts and that it expresses their mutual understandings, and that it should not be
interpreted in favor of or against either Davis or the City Commission.
19. In the event that any provision of this Agreement is found to be unenforceable,
such provision may be modified by the court to the extent necessary to be enforceable and such
determination shall have no impact or effect upon the enforceability of the remaining provisions
of this Agreement, which shall remain fully enforceable.
20. This Agreement contains the entire understanding of Davis and the City
Commission regarding the subject matter set forth herein and may be executed in two or more
counterparts including by facsimile signature.
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Witness /Yfa� /4 A /t ?e�� <�a�� �
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Date: Febivaty 24, 2006
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Date: ftl*uary 24, 2006
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bruary 24, 2006
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Dat : February 24, 2006
Approved as to Form and Substance: Approved as to Form and Substance
Patricia D. Bass, Esquire Luis R� Flgueredo
Florida Bar No. 812978 : - -Office of the City Attorney
Counsel for Ms. Maria Davis
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Exhibit 1
SCHEDULE OF WAGES AND BENEFITS
The following wages and benefits shall be provided to Davis as and for full consideration
for the "Acknowledgement Agreement, Waiver and Release" executed by Davis to which this
schedule is appended and incorporated herein by reference:
1. Effective at the close of the workday on February 23, 2006 Davis's personnel
record and all other appropriate paperwork will state that Davis resigned from employment with
the City as of that date.
2. Davis shall be paid five months salary equal to $54,405.60.
3. Davis shall be paid accumulated vacation time and personal time of 242.50 hours,
which equals $16,491.69.
4. Davis will be paid accumulated sick leave of 185 hours which equals $12,581.30.
5. The City shall continue to pay medical, dental and disability insurance coverage
through July 31, 2006.
6. Thereafter, Davis is eligible to continue insurance coverage under COBRA.
Davis shall have such rights to insurance coverage as are provided for under COBRA and
existing state laws.
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Maria V. Davfs-
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Witness Re h f q- AN,
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D e: ebruary 24, 2006
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Date: February 24, 2006
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