HomeMy WebLinkAbout2007-099 MUTUAL RELEASE AND COVENANT NOT TO SUE
KNOW ALL BY THESE PRESENTS :
This Mutual Release and Covenant Not to Sue is entered into by and
between INDIAN RIVER COUNTY (hereafter "COUNTY") and KIMBERLY E.
MASSUNG (hereafter "MASSUNG") .
WHEREAS, MASSUNG was under employment contract with COUNTY for
services as Executive Aide to the Commission; and
WHEREAS , MASSUNG requested the Board of County Commissioners to
terminate her employment agreement; and
WHEREAS , the Board of County Commissioners by a three-to-two vote on
January 23 , 2007 voted to terminate MASSUNG ' S employment agreement; and
WHEREAS, COUNTY and MASSUNG desire the separation to be on
amicable terms,
NOW, THEREFORE, IT IS AGREED by COUNTY and MASSUNG as
follows :
1 . In consideration of the severance package as set forth in Exhibit "A"
attached hereto , MASSUNG and the COUNTY, their heirs, assigns and representatives do
hereby waive, renounce, release and discharge in whole any claim that each may have against
the other and each waives and renounces and gives up any claim that this agreement was made
under duress, incapacitation or by mistake ; and it is the intent of the parties to discharge each
other from any former, existing or alleged duties under the employment contract.
2 . MASSUNG acknowledges receipt of consideration in the form of the
severance package set out in Exhibit "A" attached hereto , which includes COUNTY payment
of MASSUNG' S single group health insurance coverage premiums from February 1 , 2007
through January 31 , 2008 .
3 . COUNTY and MASSING make no reservation of right to assert a
claim or cause of action against each other.
4. COUNTY and MASSUNG by this agreement permanently covenant
not to sue each other and do hereby release, acquit and forever discharge each other from any
and all actions, claims, damages, attorney' s fees or costs of any nature arising from
MASSUNG' S employment with the COUNTY and/or her separation from the COUNTY
whether known or unknown. This Mutual Release and Covenant Not to Sue includes, but is
not limited to any claim(s) either known or unknown arising in law or in equity, under tort or
contract, including but not limited to intentional infliction of emotional harm or distress; the
United States or the Florida Constitution; any federal or state whistleblower statute ; and any
federal, state, or local laws prohibiting employment discrimination or restricting the
COUNTY' S right to take personnel action with respect to its employees.
5 . The term "COUNTY" as used in this Mutual Release and Covenant Not
to Sue extends to the Board of County Commissioners collectively, and individually to Board
of County Commission members Gary C. Wheeler, Sandra L. Bowden, Wesley S . Davis,
Joseph E. Flescher, and Peter D. O ' Bryan, as well as any officers, employees or insurers of
COUNTY.
6. MASSUNG hereby waives any liberty interest in a name clearing
hearing under the due process clause of the United States Constitution.
7. COUNTY and MASSUNG waive any contractual term of employment
related to written notice of resignation or termination.
S . In the event that either party is forced to institute legal proceedings for
breach of the terms of this Mutual Release and Covenant Not to Sue, it is specifically
understood and agreed that any trial shall be non jury. The parties further agree that the
prevailing party shall be entitled to receive its costs and attorney' s fees incurred in connection
with enforcing the terms of this Mutual Release and Covenant Not to Sue.
9 . The parties agree that this Mutual Release and Covenant Not to Sue
constitutes the entire understanding and agreement of the parties hereby and there exists no
other understandings or agreements, express or implied, concerning this subject matter.
IN WITNESS WHEREOF, the parties hereunto knowingly and voluntarily
execute this Mutual Release and Covenant Not to Sue.
KIMBERLY E. MASSUNG
�J wl�te Zr 777�ry�,
Date : ->2A- 10 '7
INDIAN RIVER COUNTY
ATTEST: Jeffrey K. Barton, Clerk By: C U/
Gary 4V. Wheeler, Chairman
BY: 11;KdLzeG
Deputy Clerk o BCC approved : 03 / 13 /07
APPROVED AS TO FORM
2 AND LEGAL SUFFICIENCY
F:Wttomey\Nancy\DOCS\massung mutual release and covenant not to sue.doc tryL
WILLIAM G. COLLINS 11
COUNTY ATTORNEY
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this J day of
A , 2007 by KIMBERLY E. MASSUNG, who i ersonal yykn wowo to
me or who ha produced (driver' s license or passport) as
identification.
NO Y PUBLIC 121
sign : 14
� V4 -L
printed name : My COMMISSION MM SSION A
SEAL: Commission No . : EXPIRES: May2Eyza4
Commission Expiration : , . "
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this day of
2007 by GARY C. WHEELER, Chairman of the Board of County
Commissioners of Indian River County, Florida, who is erp sonarknown to me or who has
produced (driver' s license or passport) as identification.
NOTARY PUBLIC
sign:
printed name: 4,. Y. k
. .,w � DARC1' R. VASN.AS
SEAL: Commission No. : , MY COMMISSION4DD3A1140
Commission Expiration : EXPIRES: Januery31, 2W9
"t'orn Bonded Tru euyet Neh" SWM
3
F:AttomeyWancy\DOCSUnassung mutual release and covenant not to sue.doc
Kim Massung
Severance Pay Calculation
DESCRIPTION HOURS RATE SEVERANCE
Severance Pay 1950 .00 $36 .3596 70, 901 .22
Auto Allowance 12 MOS $275.00 31300.00
Vacation ( 1 ) 473. 00 $36 . 3596 17, 198 .09
Sick (2) 371 .24 $36 . 3596 13,498 . 14
Admin Leave (3) 7 . 50 $36. 3596 272 .70
Total Amount of Severance Package 1052170 . 15
FWT @ 25% (26 ,292 . 54)
FICA (Max) (51605.45)
Medicare ( 1 , 524. 96)
Total Deductions (335422 .95)
Net Pay 71 ,747.20
( 1 ) Vacation includes year-to-date balance plus 12 .50 hrs for the month of January 2007 .
(2) Sick accruals includes year-to-date balance plus 7.50 hrs for the month of January 2007 .
(3) Two admin days were applied on January 24 & January 25 and are included on regular payroll check.
Employee entitled to one remaining day.
Note: Personal day used January 19th included on regular payroll check.
FICA based upon maximum amount $97, 500 less year-to-date pay.
Medicare on total check amount.
All scheduled deductions taken against regular payroll check.
W-4 on file for 25% federal withholding
(4 ) Not included in the above calculation is single health insurance coverage which shall be paid by the
county for 12 months beginnning February 2007 through January 2008 .
(5) No long-term disability insurance or deferred compensation is to be paid by the county.
NOTE : Net pay may change slightly for rounding errors when processing the check through software .