Backup Documents 05/27/2014 Item #16K2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6K 2
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 5/27/14
4. BCC Office Board of County
Commissioners 04/S/ Slz!\l \
5. Minutes and Records Clerk of Court's Office ' Pm 5(2-9(14 If:tt24m
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for dditional or missing information.
Name of Primary Staff Scott Teach Deputy County Attorney Phone Number 252-8400
Contact/ Department
Agenda Date Item was 5/27/14 Agenda Item Number 16-K-2
Approved by the BCC
Type of Document Grievance Settlement and Release Number of Original Two
Attached Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 5/27/14 and all changes made during the SRT
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by - SRTaS;
BCC,all changes directed by the BCC have been made,and the document is ready f• the yv
Chairman's signature.
AFTER ATTESTATION, PLEASE RETURN BOTH ORIGINALS TO S : T TE • AT CAO
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: May 29, 2014
To: Scott Teach, Deputy County Attorney
County Attorney's Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Grievance Settlement & Release
Attached are the two(2) original settlement & release referenced above, (Item
#17E) approved by the Board of County Commissioners on Tuesday, May 27, 2014.
The original will be held on file in the Minutes and Records Department for the
Board's Official Record
If you have any questions, please contact me at 252-7240.
Thank you.
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GRIEVANCE SETTLEMENT AND RELEASE
THIS SETTLEMENT AGREEMENT AND GENERAL RELEASE ("Agreement')
is made and entered into by and between the Collier County Board of County Commissioners, all
of its current and former administrators, current and former officers, current and former
commissioners, current and former employees and agents (hereinafter collectively referred to as
"Collier County"), the Southwest Florida Professional Firefighters Local 1826, Internal
Association of Firefighters, Inc. (hereinafter ``IAFF" or "Union"), and Jorge Gonzales
("Gonzales" or "Employee"). Throughout the Agreement, Collier County, IAFF and Gonzales
shall be collectively referred to as the "Parties."
1. WHEREAS, the Union filed a grievance, alleging that the termination of Gonzales
was not for just cause and therefore in violation of the collective bargaining agreement; and
2. WHEREAS, Collier County denied the grievance and denied any violation of the
collective bargaining agreement; and
3. WHEREAS, the Union requested arbitration of the grievance; and
4. WHEREAS, the Parties wish to settle and resolve any and all matters covered by
this grievance and the pending arbitration;
5. THEREFORE, the Parties agree as follows:
6. By executing this Agreement, the Union hereby withdraws the grievance and the
request for arbitration.
7. Collier County agrees to provide a neutral reference to any prospective employer
providing Gonzales's position and dates of employment only.
8. The Parties agree that Gonzales shall not be reinstated to his position as a
Paramedic Company Officer or any other position in Collier County.
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9. Gonzales specifically waives any right to reinstatement that he has, had, or may
have had in relation to any position of employment with the Collier County.
10. The Parties agree that Gonzales shall be permitted to submit a letter of resignation
that shall be effective as the same date of his termination from employment with Collier County,
October 03, 2013.
11. Collier County agrees to pay the total sum of $10,000.00 as full and complete
consideration for any and all back wages, or any other damages Gonzales or the Union claim or
may claim. Payment shall be made by issuance of one check to Jorge Gonzales in the gross
amount of$10,000.00. A Form 1099 will be provided to Gonzales as required by law. Gonzales
agrees to indemnify and hold harmless Collier County for all interest and penalties, if any,
imposed by the Internal Revenue Service resulting from the tax treatment of the payment
provided for in this paragraph. Gonzales further agrees to cooperate fully with Collier County in
the event of any claim or investigation by any governmental entity or authority regarding the tax
treatment of the payment provided for in this paragraph.
12. The Parties agree that this Settlement shall be non-precedent setting and shall not
be considered for any purpose by the Parties, including resolution of any future grievances or
arbitrations.
13. Collier County does not admit any violation of the collective bargaining agreement,
but agrees to resolve this grievance in the spirit of cooperation and good labor relations.
14. The Parties agree to split any costs incurred with the Arbitrator.
15. In consideration of the provisions, promises, terms and conditions of this
Agreement, Gonzales hereby UNCONDITIONALLY, FULLY AND FINALLY RELEASES
AND FOREVER DISCHARGES Collier County from any and all arbitrations, grievances,
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lawsuits, claims, rights, damages, debts, obligations, liabilities, and causes of action, of any and
every kind, nature, and character whatsoever, whether known or unknown, which he haves, had,
or may in the future claim to have based on any act or omission concerning any matter, cause, or
thing arising prior to the date of this Agreement and up to the time of execution of this
Agreement. All of the foregoing are hereinafter referred to collectively as the "Released Claims."
16. The Released Claims include, but are not limited to, those directly or indirectly
arising out of, or in any way pertaining to, claims arising under: The Collective Bargaining
Agreement between IAFF and Collier County; Title VII of the Civil Rights Act of 1964; 42
U.S.C. §§ 1981, 1983, 1985, 1986; the Older Worker Benefit Protection Act, the Fair Labor
Standards Act; Consolidated Omnibus Budget Reconciliation Act; the Americans with
Disabilities Act; the Sarbanes-Oxley Act; the Florida Civil Rights Act; the Florida
Whistleblower Act; the Family and Medical Leave Act; the Fair Credit Reporting Act; the
United States Constitution; the Florida Constitution; Florida Statute, Section 440.205; Florida
Statute, Section 448.103; or any other federal, state or local law, ordinance, regulation, custom,
rule or policy; or any cause of action in common law, including but not limited to actions in
contract or tort, including any intentional torts; other claims of statutory violation and/or
retaliation; constructive or wrongful discharge; negligence claims; contract claims; constitutional
claims; claims for attorneys' fees and costs, and any other claims or causes of action Gonzales
has, had or may have had as a result of his employment or cessation thereof with Collier County.
17. The Released Claims shall be deemed to include a full and complete release by
Gonzales of any and all claims against Collier County's present and past employees, agents,
principals, commissioners, officers, relatives, representatives and attorneys.
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18. This Agreement is subject to approval by the Board of County Commissioners of
Collier County, Florida. In the event that this Agreement is not be approved by the Board of
County Commissioners for Collier County. Florida, this Agreement and all of the terms and
promises contained herein are void and ineffective.
19. The Employee, Jorge Gonzales, by signing below, hereby accepts this resolution of
the grievance relating to his termination, agrees that the Union has properly represented him
throughout the course of the grievance processing, agrees to waive any right to reinstatement,
and agrees to waive any and all claims of whatever nature against Collier County, including
those identified above as Releases Claims, whether known or unknown.
20. The Parties have carefully read and understand the terms set forth above and
voluntarily agree to these terms as indicated by the signatures below.
SOUTHWEST FLORIDA PROFESSIONAL
FIREFIGHTERS LOCAL 1826 INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,INC.
DATED: ROY O/ x014 By:
Printed Name: / �ui,M+1 S.zn4Ps/.v
Title: Flea ,e6'1> ,¢rF , - /7
JORGE GONZALES, EMPLO
DATED: M G\/ / C 1 Li
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ATTE.iST.'J r BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COU TY, FLORIDA
y A IGO ' - - - - ) ,
.►.
ty clerk TOM HENNING, Cha '.n
' est as to Chai ijatt's
signature oni'y. ' DATED: S\2:1\VA
Approved as to legality:
S frA* )21,- L—
Scot R. Teach,
Deputy County Attorney
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