2021-05-18 Ex 08 (Items added)Apri130, 2021
CITY OF OKEECHOBEE
55 SE THIRD AVENUE
OKEECHOBEE, FL 34974
Phone: (863)763-3372
www. cityofokeechobee. com
Office of the City AdmiHistrator
Di��ect Line: 873-763-9812
RE: Administrator Marcos Montes De Oca
Letter of Resignation
Dear City Council, Staff, and Citizens of the City of Okeechobee:
Okeechobee City Council
Mayor powling R. Watford, Jr.
Wes Abney
Monica Clark
Bob Jarriel
Bobby Keefe
Please find my resignation and corresponding separation agreement for council's consideration
attached.
I first want to take the time to thank the City of Okeechobee for allowing me to serve and
become one of the leaders in this community. I appreciate the ongoing support over the past
almost 6 years. I have reflected over the projects, challenges, and accomplishments we have been
able to achieve. We have made Okeechobee truly a greater City, and for that I am proud.
However, it has come to a point where I now must look to the future and embrace other
professional pursuits. I will truly miss working as the Administrator for the City of Okeechobee.
I will genuinely miss this City Family.
It is my intent to assist the City in finding a replacement and tying up as many loose ends as
possible. This resignation would be effective June 18, 2021. Again, I would serve at the pleasure
of the council for up to a maximum of 30 days after the effective date of this resignation.
It is my hope I will be able to continue to engage with council and staff and be a resource as
needed within the community that I will continue to be part o£ I'm only a phone call away.
incerely,
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iYlarcos Montes De Oca, P.E.
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SETTLEMENT AGREEMENT
AND COMPLETE RELEASE
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This Settlement Agreement and Complete Release ("Agreement") is entered into and between
the City of Okeechobee ("City") and Marcos Montes De Oca ("MDO") (collectively the "Parties").
This Agreement between the Parties is a result of MDO deciding to freely and voluntarily resign
his employment with the City.
Now therefore, the Parties, intending to be legally bound, for good and valuable consideration,
the sufficiency of which is hereby acknowledged, do hereby agree as follows:
1. The City hereby accepts MDO's resignation from City employment. MDO hereby resigns
from employment with the City effective )une 18, 2021 ("Effective Date'�.
2. In consideration for this Agreement, the City will make a payment to MDO as provided in
Exhibit A which is attached to and made part of this Agreement. To the extent the
payment or notice provisions of this Agreement differ from the provisions of MDO's
Employment Agreement dated August 6, 2019, this Agreement governs.
3. In consideration of the payments and undertakings described in the foregoing, and
pertaining solely to this agreement that, by signing this Agreement, MDO does hereby,
unconditionally and irrevocably release and forever discharge the City and its respective
officers, City Council members, directors, employees, agents, representatives, attorneys
and their successors and assigns from any and all causes of action, claims, suits or demands
whatsoever at law, or in equity, or before any agency or commission of any local, state or
federal government, including but not limited to, claims, causes of actions arising, or
alleged to have arisen, known or unknown, or which might have arisen or which may arise,
under any law, including but not limited to, federal, state, county or municipal anti-
discrimination laws and anti-retaliation laws, including but not limited to, Workers
Compensation Retaliation under Fla. Stat. 442.205, Title VII of the Civil Rights Act of 1964,
42 U.S.C. s.2000 et seq., the Equal Pay Act, the Worker Adjustment and Retraining
Notification Act, the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. s.201 et seq.,
the Civil Rights Act of 1991, 42 U.S.C. ss. 1981 through 1988, the Employee Retirement
Income Security Act of 1971, as amended, 29 U.S.C. s.1001 et seq., the Older Workers
Benefit Protection Act, the Age Discrimination in Employment Act, the Rehabilitation Act of
1973, the Florida Civil Rights Act of 1992, the Family Medical Leave Act, the Americans with
Disabilities Act, any state or federal whistle-blower law, or any other law, rule, regulation
or ordinance that MDO on behalf of himself and on behalf of others similarly situated,
ever had, now has, or which his heirs, executors' administrators, attorneys, or assigns,
or any of them hereinafter can, shall or may have for or by reason of any cause
whatsoever, to the effective date of this Agreement.
4. MDO acknowledges that the waiver and release provisions of this Agreement also bar
any claim or demand for costs, fees, or other expenses, including attorney's fees, incurred
or claimed in connection with any of the claims referenced in this Agreement. MDO further
acknowledges and agrees that the listing of claims waived in this Agreement is intended
to be illustrative rather than exhaustive. Accordingly, MDO acknowledges and agrees that
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this Agreement constitutes a full and final bar to any and all claims of any type that he
now has or ever had, known and unknown against the City. This Agreement also
constitutes a full and final bar to any and all claims MDO will have, known and unknown,
against the City concerning his employment or resignation. The Parties understand that
this Settlement Agreement and Complete Release is made to settle any potential claims
and to avoid expenses related to such potential claims.
5. MDO agrees to return any and all City documentation and/or property, including but not
limited to, a vehicle, original documents, reports, records, equipment, computer software
or other information or property pertaining to the City.
6. Each Party agrees that it will not disparage the other party as it relates to MDO's
employment or resignation from employment with the City, by providing information,
issuing statements or taking any action, directly or indirectly, that would cause the other
Parly embarrassment or humiliation. Despite this provision, each Party must comply with
all applicable Florida public records laws.
7. From the present time through the Effective Date, MDO shall continue to perform all of
his duties and responsibilities in a reasonable manner consistent with his prior efforts and
in accordance with City Policies and Procedures.
8. This Agreement constitutes the entire understanding of the Parties and supersedes all
prior agreements and understandings between the Parties on the subjects covered
herein. This Agreement shall be binding upon MDO and the City, their heirs,
representatives, executors, administrators, successors and assigns. Should any provision
of this Agreement be found void or unenforceable by a court of competent jurisdiction,
the remaining provisions shall continue in full force and effect.
9. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida and adjudicated within the exclusive jurisdiction of the courts of the State
of Florida, Okeechobee County.
10. By signing this Agreement, MDO expressly warrants that he has read and fully
understands this Agreement and acknowledges that this Agreement is entered into
voluntarily and that no one made or forced or otherwise coerced him to enter into this
Agreement. MDO expressly does not waive his rights or claims that may arise after the
date this Agreement is executed that are unrelated to his City employment and
resignation. In signing this Agreement, MDO is expressly advised to, and has had an
opportunity to consult with an attorney before signing this Agreement. MDO
acknowledges that he has been given a period of up to twenty-one (21) days in which to
review and consider this Agreement. Marcos Montes De Oca understands that he may
revoke this Agreement within seven (7) days of signing it and that any revocation must
be in writing and delivered to Lane Gamiotea, Personnel Administrator, City of
Okeechobee, 55 SE 3�d Avenue, Room 100, Okeechobee, FL 34974. If MDO signs this
Agreement prior to the expiration of the twenty-one (21) day period, the seven-day
period commences on the date MDO signs this Agreement. This Agreement will not
become enforceable until the expiration of the seven (7) day period. MDO agrees to
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return to the City any and all payments made to MDO pursuant to this Agreement if MDO
exercises his right to revoke it.
The Parties or their duly authorized representatives hereby execute this Agreement on the date
written below by each Party's signature.
City of Okeechobee, Florida
Dowling R. WatFord, Jr., Mayor Marcos Montes De Oca
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Attest:
Lane Gamiotea, CMC, City Clerk
Approved as to form and legality:
John J. Fumero, City Attorney
Approved by City Council:
date
date
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Exhibit A Severance Payout Worksheet, Marcos Montes De Oca
Annual Salary $
Weekiy Rate (40 hrs) $
Hourly Rate $
Item 1, Annnual
Leave
117, 500.00
2,259.61
56.4903
. - .
Page 1 of 1� 5/13/2021, 12:49 PM
146.8 $ 8,292.78 Total number of annual leave hours as of
6/18/2021, provided only 40.0 hrs are used
between 5/5/2021-6/18/2021
Item 2 60 days severance $ 27,115.32 5 workdays x 12 weeks = 60 days
Item 3, 100% Sick 464.0 $ 26,211.50 Total number of sick leave hours as of
Leave 6/18/2021, provided none are used between
� 5/5/2021-6/18/2021
Item 4, Health
Insurance
$ - If an employee works past the 15th of the
month they are not required to reimburse the
health insurance premium for that month
$ 61,619.60 TOTAL