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HomeMy WebLinkAboutAgreementTHIS AGREEMENT made this b~ 7~--~ day of January, 2005, by and between the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street, Sebastian, Florida 32958, ("City") and Mr. David Puscher, ("employee"), set forth that WBEREAS, employee desires to leave the City of Sebastian Police Department, on January 29, 2005, after 25 years of dedicated and loyal service to the City of Sebastian; and WHEREAS, the City desires to accommodate a mutually beneficial separation of Mr. Puscher; and WItEREAS, the City and the employee desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. Employee is eligible for all earned benefits as afforded by the City of Sebastian Police Officers Pension System and Exempt Management Benefits Package as revised October 1, 2003. 2. The City will pay the full single coverage premium for Group Health Insurance, including Dental Coverage, as well as, continue the Dependent coverage at the current benefit level and premium (50%) until such time the employee becomes eligible for Medicare benefits. The continuation of health insurance coverage will apply to all current treatments, pre-existing or work-related. 3. Upon attaining eligibility for Medicare benefits, the employee may elect to continue in the City's Group Health Insurance Plan, or if required, enroll in the Medicare Supplement Plan, at 100% the employee's expense. Continuation of coverage of the Dependent will be at 100% the employee's expense. 4. It is clearly understood that full medical coverage will be maintained and if any provisions of this agreement conflict with that intent, paragraph 2 shall prevail. 5. As consideration for Section 2 -3 above, receipt of which is hereby acknowledged, knowingly and voluntarily, does hereby remise, release and forever discharge the employer, CITY OF SEBASTIAN, and its employees, and its carrier, FLORIDA LEAGUE OF CITIES, together with all their servants, employees, agents, officers, directors, successors and assigns and any other person or entity so connected with the Employer/Carrier/Servicing Agent of and from any and ail actions, claims, demands, damages, or causes of action, whatsoever, which the undersigned now has or may hereinafter have for unemployment, damages for retaiiatory discharge, Title VII of the Civil Rights Act of 1964, as amended in 1991, Florida Statute, Section 760.10, Family and Medical Leave Act of 1993, COBRA, Erisa, Whistleblower Act, State and Federal, 42 USC Section 1983 and Section 1981, or ADA violations and any other claims, demand, damages, actions, or causes of action arising under State or Federal Law, he might have against the Employer/Carrier/Servicing AHent, arising out of employment with the employer including but not limited to the accident of January 18, 2001, within the confines of Indian River County, Florida, on account of which the undersigned asserts that the persons, forms and corporations hereby released are legaily liable; which legai liability, injuries, damages and losses are disputed and denied. Any other claims includes, but is not limited to, rights and claims under the Age Discrimination in Employment ACt, 81 Stat. 602, 20 U.S.C. section 621 et seq. (Hereinafter referred to as "ADEA") and the Older Workers' Benefit Protection Act, section 201, 10g Stat. 983, 29 U.S.C. section 626 (f) (hereinafter referred to as "OWBPA"). With respect to claims under ADEA and OWBPA, the Employee agrees that he knowingly and voluntarily waives any rights or claims under ADEA and OWBPA. In compliance with ADEA and OWBPA, the Employer agrees to the following terms: 1. The Employee does not waive any rights or claims that may arise aiter the date this waiver is executed; 2. The Employee waives these rights or claims only in exchange for consideration in addition to anything of value to which the individual already is entitled; 3. The Employee, whether represented or unrepresented, is advised to consult with an attorney, prior to executing this agreement; 4. The Employee is given a period of at least 21 days from his/her receipt of this release agreement within which to consider this release agreement; 5. The Employee is given seven (7) days to revoke this agreement, following the execution of this release and agreement, and therefore, this release agreement shall not become effective or enforceable until the revocation period has expired; and 6. The Employee is barred from future ADEA claims in that the Employee has waive ail ADEA claims relating to all rights and claims that have arisen up to the date of the execution of this release, in satisfaction of OWBPA's release requirements. 7. The Employee further stipulates and agrees to not seek unemployment compensation benefits upon retiring from the employment of the Employer. The undersigned hereby releases and indemnifies the Employer, its employees, servants, directors, successors, and assigns for any unemployment compensation claims made against the Employer. 8. The undersigned warrants that no promise or inducement not herein expressed has been made; that in executing this Release the undersigned in not relying upon any statement or representation made by any person, finn, or corporation, hereby released or any agent, physician or doctor or other person representing them or any of them concerning the nature, extent, or duration of the injuries, losses or damages, here involved or legai liability therefore, or concerning any other thing or matter; that the consideration of the above mentioned section 2-3 is in compromise settlement and full satisfaction of all of the aforesaid actions, claims and demands whatsoever; that the undersigned was represented by counsel at the time of this execution; that the undersigned is over the age of 21 years and legaily competent to execute the Release and that the undersigned is fully informed of the contents of this Release and signs it with full knowledge of it meaning. 9. The invaiidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this A~reement void, shall in no way affect the vaiidity or enforceability of any other portion or provision of the Agreement. Any void provision shail be deemed severed fi-om the Agreement and the baiance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement, at the option of the City, be determined to be void. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to interpret or enforce the Agreement will be held in Indian River County and the Agreement will be interpreted according to the laws of Florid~ The parties hereto expressly waive all right to trial by jury of any dispute relating to this Agreement. Modification of the Am-eement. This Agreement constitutes the entire agreement and understanding between the parties hereto and supersedes all prior and contemporaneous agreements and understandings, representations and warranties, matters, whether oral or written, relating to such matters and this A~reemeot shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have set their hands, this .~ ,~ Day of EMPLOYEE CITY OF SEBASTIAN, Approved as to form and content: Attest~M Sally..~t'aio, CMC Citer Clerk By: Rich Stri ger, C'ty AttOrney -