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HomeMy WebLinkAboutAgreement_General_1/9/2020_Carroll Rudolph "Rudy" SmithSettlement, Release and Non -Disclosure Agreement This settlement, release and non -disclosure agreement (hereinafter referred to as the "Agreement") is made and entered into by and between Carroll Rudolph Smith (hereinafter "Plaintiff'), and the Village of Tequesta (hereinafter "Defendant"). Witnesseth: Whereas, Plaintiff filed a civil action in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, styled as Carroll Rudolph Smith v. Village of Tequesta, Case No. 20-2019-CA-008098XXXXMBAJ (hereinafter referred to as the "civil action"); Whereas, Defendant denies Plaintiffs claims; Whereas, Plaintiff and Defendant desire to avoid incurring further costs of litigation, and seek to resolve all matters in controversy, disputes, and causes of action between them in an amicable fashion; Whereas, Plaintiff and Defendant have reached a full and final compromise and settlement of all matters, causes of action, claims and contentions between them; and Whereas, Plaintiff acknowledges that any payment received pursuant to this Agreement constitutes consideration which he would not otherwise be entitled to receive from Defendant. Now therefore, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: This Agreement, and compliance with this Agreement, shall not be construed as an admission by Defendant of any liability whatsoever, or as an admission by Defendant of any violation of the rights of Plaintiff or any other person, or of any violation of any order, law, statute, rule, regulation, duty, or contract, and any alleged violation of any rights of Plaintiff or any other person, or of any order, law, statute, rule, regulation, duty or contract. 2. In full settlement of all claims including attorney's fees and costs, Defendant agrees to pay Plaintiff the total sum of Sixty -Five Thousand Dollars ($65,000.00) as follows: a. a check in the amount of Sixty Thousand Dollars ($60,000.00) will be made payable to Plaintiff, Caroll Rudolph Smith. This sum is allocated as payment made in settlement of Plaintiffs claims in the civil action for alleged. From the aforementioned sum, Sixty Thousand Dollars ($ 60,000.00) is allocated for Plaintiffs claims for breach of contract for which a W-2 will issue. The Defendant shall make corresponding deductions and matching contributions for the W-2 payment. b. a check in the amount of Five Thousand Dollars ($5,000.00) will be made payable to the Garcia Law Firm, Tax ID 20-1519391. This sum is allocated as payment made in settlement of Plaintiffs claims for attorney's fees and costs in the civil action for which a 1099 will issue. Defendant makes no representations or warranties, express or implied, concerning tax implications of any payments made pursuant to this Agreement. Any tax obligation of Plaintiff arising from the foregoing payments will be Plaintiffs sole responsibility. 3. Defendant agrees to withdraw its termination of Plaintiff and accept Plaintiffs resignation effective June 26, 2018. Plaintiff's resignation letter will be maintained in his personnel file. 4. Plaintiff agrees that he shall take all necessary steps to dismiss his civil action with prejudice, including by executing, filing and serving a Stipulation of Dismissal with Prejudice with the Court within five (5) days of execution of this Agreement. However, the court shall retain jurisdiction for 60 days to enforce the agreement.Thereafter, after execution and filing of the aforementioned stipulation of dismissal with prejudice and after expiration of the seven (7) day revocation period set forth in Paragraph 7(c), below, Defendant shall forward the payments in Paragraph 2, above, to counsel for Plaintiff within seven days after the expiration of the revocation period. The parties agree that it is the responsibility of Plaintiffs counsel to remit and disburse all sums owed to Plaintiff under the terms of this Agreement. 5. It is expressly understood by Plaintiff and his attorney that the obligations of Defendant contained in paragraph 2 of this Agreement shall be in lieu of anything, including any and all amounts to which Plaintiff, his heirs and assigns, or his attorney are now, or may become, entitled to, based upon any claim whatsoever arising out of his employment with Defendant or otherwise (including special, general or exemplary damages, attorney's fees, interest, expenses, and costs actually incurred). 6. Plaintiff specifically agrees that if he is asked about the civil action, he may only respond that the "matter was amicably resolved," or that the "matter has been settled to the parties' mutual satisfaction," or other words to that effect. The Plaintiff acknowledges and agrees that under this paragraph he is specifically prohibited from initiating any communication, verbally or in writing, with any 6 person, business, organization, corporation, association or governmental agency regarding the civil action. 7. Plaintiff hereby unconditionally and irrevocably releases and forever discharges Defendant in his official and individual capacities, and all of Defendant's, employees, officers, attorneys or agents in their official and individual capacities, both past and present, of and from, and agrees not to sue and not to assert against them any causes of action, claims and demands whatsoever, known or unknown, at law, in equity, or before any court, agency or commission of local, state and federal governments, arising, alleged to have arisen, or which might have been alleged to have arisen, or which may arise under the U.S. Constitution or the Florida Constitution or any law including, but not limited to federal, state, or municipal anti -discrimination laws, anti -harassment and anti -retaliation laws, including, but not limited to, the Florida Whistle -blower's Act, Section 112.3187, Florida Statutes, the Americans With Disabilities Act, the Family and Medical Leave Act, the Florida Civil Rights Act, Title VII of the Civil Rights Act of 1964, as amended in 1972 and 1991, Section 440.205, Florida Statutes, that Plaintiff on behalf of herself and on behalf of persons similarly situated, ever had, now has, or which her heirs, executors, administrators, or assigns, or any of them, hereafter can, shall or may have for, or by reason of, any cause whatsoever, to the effective date of this Agreement. 8. Plaintiff acknowledges that he: a. has been given at least twenty-one (21) full days within which to consider this Agreement; b. is advised that he has the right and may consult with an attorney prior to executing this Agreement and acknowledges the opportunity to consult an attorney; c. has seven (7) days following the execution of this Agreement to revoke the Agreement, and the Agreement will not become effective or enforceable until after this seven (7) day period has expired. To revoke this Agreement Plaintiff must advise the Defendant in writing of the election to revoke it within the seven (7) day period. Such written notice must be addressed and delivered to: Suhaill M. Morales, Esquire, Allen, Norton & Blue, P.A., 121 Majorca Avenue, Suite 300, Coral Gables, Florida 33134; d. is specifically releasing, among other claims, any claims under the Age Discrimination in Employment Act of 1967 and all amendments thereto; and e. is not waiving rights or claims that may arise after the date this Agreement is executed. 9. The parties represent and agree that they have thoroughly discussed all aspects of this Agreement with their respective attorneys and have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily entering into this Agreement. 10.The parties hereto represent and acknowledge that in executing this Agreement, they do not rely and have not relied on any representation or statement made by any of the parties or by any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this written Agreement. 11.Any breach of any term, provision, or obligation of this Agreement by any party shall entitle the other to seek enforcement of such term, provision or obligation in a court of law of competent jurisdiction, and shall entitle the prevailing party to an award of the reasonable attorney's fees and costs incurred in such proceeding. The proper and only venue for any action, based upon any alleged breach of any term, provision or obligation of this Agreement, shall be in the 15th Judicial Circuit in and for Palm Beach County, Florida. 12.This Agreement constitutes the final and binding Agreement among the parties and may not be supplemented or changed without the express written consent of both parties. All prior representations regarding this Agreement are hereby expressly disclaimed by both parties. 13. Should any provision of this Agreement be declared or determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be part of this Agreement. 14. The parties to this Agreement may execute their signatures in counterpart, each document of which may be considered as an original when executed. A facsimile signature shall be deemed to be an original. Remainder of the page was left blank intentionally 4 Signatures: Date Carroll Rudolph Smith 1- ICT-DO Date 4beh of th Village of Tequesta 4:ïż½MniQQu[ &enn2,t, (Print name) Settlement, Release and Non -Disclosure Agreement This settlement, release and non -disclosure agreement (hereinafter referred to as the "Agreement") is made and entered into by and between Carroll Rudolph Smith (hereinafter "Plaintiff'), and the Village of Tequesta (hereinafter "Defendant"). Witnesseth: Whereas, Plaintiff filed a civil action in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, styled as Carroll Rudolph Smith v. Village of Tequesta, Case No. 20-2019-CA-008098XXXXMBAJ (hereinafter referred to as the "civil action"); Whereas, Defendant denies Plaintiffs claims; Whereas, Plaintiff and Defendant desire to avoid incurring further costs of litigation, and seek to resolve all matters in controversy, disputes, and causes of action between them in an amicable fashion; Whereas, Plaintiff and Defendant have reached a full and final compromise and settlement of all matters, causes of action, claims and contentiods between them; and Whereas, Plaintiff acknowledges that any payment received pursuant to this Agreement constitutes consideration which he would not otherwise be entitled to receive from Defendant. Now therefore, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, and to avoid unnecessary litigation, it is hereby agreed by and between the parties as follows: 1. This Agreement, and compliance with this Agreement, shall not be construed as an admission by Defendant of any liability whatsoever, or as an admission by Defendant of any violation of the rights of Plaintiff or any other person,,or of any violation of any order, law, statute, rule, regulation, duty, or contract, and any alleged violation of any rights of Plaintiff or any other person, or of any order, law, statute, rule, regulation, duty or contract. 2. In full settlement of all claims including attorney's fees and costs, Defendant agrees to pay Plaintiff the total sum of Sixty -Five Thousand Dollars ($65,000.00) as follows: a. a check in the amount of Sixty Thousand Dollars ($60'000.00) will be made payable to Plaintiff, Caroll Rudolph Smith. This sum is allocated as payment made in settlement of Plaintiff's claims in the civil action for alleged. From the aforementioned sum, Sixty Thousand Dollars ($ 60.000.00) is allocated for Plaintiff's claims for breach of contract for which a W-2 will issue. The Defendant shall make corresponding deductions and matching contributions for the W-2 payment. b. a check in the amount of Five Thousand Dollars ($5 0_,_, 00.00) will be made payable to the Garcia Law Firm, Tax ID 20-1519391. This sum is allocated as payment made in settlement of Plaintiffs claims for attorneys fees and costs in the civil action for which a 1099 will issue. Defendant makes no representations or warranties, express or implied, concerning tax implications of any payments made pursuant to this Agreement. Any tax obligation of Plaintiff arising from the foregoing payments will be Plaintiff's sole responsibility. 3. Defendant agrees to withdraw its termination of Plaintiff and accept Plaintiffs resignation effective ,tune 26, 2018. Plaintiffs resignation letter will be maintained in his personnel file. 4. Plaintiff agrees that he shall take all necessary steps to dismiss his civil action with prejudice, including by executing, filing and serving a Stipulation of Dismissal with Prejudice with the Court within five (5) days of execution of this Agreement. However, the court shall retain jurisdiction for 60 days to enforce the agreement.Thereafter, after execution and filing of the aforementioned stipulation of dismissal with prejudice and after expiration of the seven (7) day revocation period set forth in Paragraph 7(c), below, Defendant shall forward the payments in Paragraph 2, above, to counsel for Plaintiff within seven days after the expiration of the revocation period. The parties agree that it is the responsibility of Plaintiff's counsel to remit and disburse all sums owed to Plaintiff under the terms of this Agreement. 5. It is expressly understood by Plaintiff and his attorney that the obligations of Defendant contained in paragraph 2 of this Agreement shall be in lieu of anything, including any and all amounts to which Plaintiff, his heirs and assigns, or his attorney are now, or may become, entitled to, based upon any claim whatsoever arising out of his employment with Defendant or otherwise (including special, general or exemplary damages, attorney's fees, interest, expenses, and costs actually incurred). 6. Plaintiff specifically agrees that if he is asked about the civil action, he may only respond that the "matter was amicably resolved," or that the "matter has been settled to the parties' mutual satisfaction," or other words to that effect. The Plaintiff acknowledges and agrees that under this paragraph he is specifically prohibited from initiating any communication, verbally or in writing, with any 2 person, business, organization, corporation, association or governmental agency regarding the civil action. 7. Plaintiff hereby unconditionally and irrevocably releases and forever discharges Defendant in his official and individual capacities, and all of Defendant's, employees, officers, attorneys or agents in their official and individual capacities, both past and present, of and from, and agrees not to sue and not to assert against them any causes of action, claims and demands whatsoever, known or unknown, at law, in equity, or before any court, agency or commission of local, state and federal governments, arising, alleged to have arisen, or which might have been alleged to have arisen, or which may arise under the U.S. Constitution or the Florida Constitution or any law including, but not limited to federal, state, or municipal anti -discrimination laws, anti -harassment and anti -retaliation laws, including, but not limited to, the Florida Whistle -blower's Act, Section 112.3187, Florida Statutes, the Americans With Disabilities Act, the Family and Medical Leave Act, the Florida Civil Rights Act, Title VII of the Civil Rights Act of 1964, as amended in 1972 and 1991, Section 440.205, Florida Statutes, that Plaintiff on behalf of herself and on behalf of persons similarly situated, ever had, now has, or which her heirs, executors, administrators, or assigns, or any of them, hereafter can, shall or may have for, or by reason of, any cause whatsoever, to the effective date of this Agreement. 8. Plaintiff acknowledges that he: a. has been given at least twenty-one (21) full days within which to consider this Agreement; b. is advised that he has the right and may consult with an attorney prior to executing this Agreement and acknowledges the opportunity to consult an attorney; c. has seven (7) days following the execution of this Agreement to revoke the Agreement, and the Agreement will not become effective or enforceable until after this seven (7) day period has expired. To revoke this Agreement Plaintiff must advise the Defendant in writing of the election to revoke it within the seven (7) day period. Such written notice must be addressed and delivered to: Suhaill M. Morales, Esquire, Allen, Norton & Blue, P.A., 121 Majorca Avenue, Suite 300, Coral Gables, Florida 33134; d. is specifically releasing, among other claims, any claims under the Age Discrimination in Employment Act of 1967 and all amendments thereto; and e. is not waiving rights or claims that may arise after the date this Agreement is executed. 3 9. The parties represent and agree that they have thoroughly discussed all aspects of this Agreement with their respective attorneys and have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily entering into this Agreement. 10. The parties hereto represent and acknowledge that in executing this Agreement, they do not rely and have not relied on any representation or statement made by any of the parties or by any of the parties' agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise other than those specifically stated in this written Agreement. 11.Any breach of any term, provision, or obligation of this Agreement by any party shall entitle the other to seek enforcement of such term, provision or obligation in a court of law of competent jurisdiction, and shall entitle the prevailing party to an award of the reasonable attorney's fees and costs incurred in such proceeding. The proper and only venue for any action, based upon any alleged breach of any term, provision or obligation of this Agreement, shall be in the 15th Judicial Circuit in and for Palm Beach County, Florida. 12.This Agreement constitutes the final and binding Agreement among the parties and may not be supplemented or changed without the express written consent of both parties. All prior representations regarding this Agreement are hereby expressly disclaimed by both parties. 13. Should any provision of this Agreement be declared or determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be deemed not to be part of this Agreement. 14.The parties to this Agreement may execute their signatures in counterpart, each document of which may be considered as an original when executed. A facsimile -signature shall be deemed to be an original Remainder of the page was left blank intentionally 4 '$31g,nature's", Dote d'h r4iith Carroll Ru 0 ph St Datt., ram,