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Home My WebLink AboutContract 49548 o4bo61 8 910 yr r 9 �ECENEO b CITY SECRETARY' pUG 2 ,.- 2011 CONTRACT N0. „� CfF`(OF FORS WORTH ti Clfl SECRETARY CAUSE NO. 348-284235-16 `f i l SANDRA WILLIYWS § IN THE DISTRICT COURT Plaintiff, § V. § 348TH JUDICIAL DISTRICT CITY OF FORT WORTH § Defendants. § TARRANT COUNTY,TEXAS COMPROMISE SETTLEMENT AND RELEASE OF ALL CLAIMS WHEREAS, Sandra Williams (hereinafter sometimes referred to as "Plaintiff"), in the above-entitled and numbered cause, alleges that on or about April 7, 2015, she received personal injuries when a City vehicle backed into the front of her car in Fort Worth, Tarrant County, Texas; and WHEREAS, Plaintiff further alleges that negligence of the City of Fort Worth (hereinafter sometimes referred to as "City"), along with the negligence of its employee proximately caused the above-described accident; and, WHEREAS, as a result of such accident and injuries and damages allegedly suffered by Plaintiff, suit has been filed against the City in the above-entitled and numbered cause,reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiffs claims and cause of action;and, WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind which she may have against the City, its agents, employees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with the above described accident in consideration of payment by the City OFFICIAL t +:ORO COMPRONUSE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Pa e 1 CITY SECRETARY FT.WORTH, TX jointly to Plaintiff and her attorney, Larry Rolle, of the sum of Twenty Thousand Dollars ($20,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Sandra Williams;and, WHEREAS, even though City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs suit, City has agreed to the payment terms described above in compromise and settlement of disputed claims and in order to avoid further time consuming and costly litigation. 1. Sandra Williams,Plaintiff, for and in consideration of payment by the City of Fort Worth,jointly to Plaintiff, Sandra Williams, and her attorney, Larry Rolle, of the sum of Twenty Thousand Dollars($20,000.00) in full and final settlement of all claims arising out of the alleged injuries of Plaintiff, Sandra Williams, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff for herself, her representatives, successors and assigns, Plaintiff'does hereby unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff might assert by reason of the above described incident including, but not limited to, all claims heretofore asserted or that could have been asserted in Cause No. 348-284235-16, in the 348th District Court, Tarrant County, Texas, including claims for physical pain and mental anguish, medical expenses (past and future), loss of earning capacity and any other kind, character or nature of damage which could or might be the subject of a claim by her arising from the incident hereinabove described. 2. In consideration of the payment described above, Plaintiff agrees to indemnify and forever hold harmless and defend the City of Fort Worth,and all agents,employees,workers COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 2 and representatives of the City of Fort Worth,and all others connected with or in privity with the said City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff, or by anyone on her behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by Plaintiff, or on her behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about April 7,2015, made the basis of this litigation,have been or will be paid or compromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless Defendant, City of Fort Worth and any other person, corporation, association, partnership, or entity in privity with or connected with them, from and against any claims for medical, hospital, and/or other claims and expenses of any and every nature, including but not limited to, claims which may hereafter be made under the authority of the Texas Hospital Lien Law or any other state or federal statute, rule, or regulation. PLAINTIFF REPRESENTS THAT NONE OF THE MEDICAL BILLS OF PLAINTIFF, SANDRA WILLIAMS, HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI- GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER,PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 3 CITY OF FORT WORTH AND ANY OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH CLAIM. 4. The release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of City regarding whether or not it is liable for any damages alleged in the above-entitled and numbered cause. It is also understood and agreed that this settlement is in compromise of doubtful and disputed claims and that the payment made hereunder is not to be construed as admissions of liability on the part of the City of Fort Worth and, in fact, City denies liability for the above-described accident, if any, and intends,by this settlement,merely to buy its peace. 5. Plaintiff agrees to dismiss the cause of action in the above-entitled and numbered matter, with prejudice, and she hereby authorizes and directs her attorney, Larry Rolle, to approve an Agreed Order Of Dismissal, with prejudice, with respect to her claims and causes of action in the above entitled and numbered case. And, in this connection, Plaintiff and her attorney agree to expeditiously provide any information the Court may require, and/or to attend any hearings the Court may require, in connection with the dismissal of said lawsuit. 6. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 7. This Compromise Settlement Agreement And Release Of All Claims may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 4 8. Plaintiff Sandra Williams represents and acknowledges that this Compromise Settlement Agreement And Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail,to her by her attorney and that it is fully understood. 9. By her signature hereto, Sandra Williams represents and declares that she is more than eighteen (18)years of age and is fully competent to enter into this Compromise Settlement Agreement And Release Of All Claims, that her representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to her as inducement to enter into this Compromise Settlement Agreement And Release Of All Claims. This agreement shall be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below the respective signatures. San a Williams Plaintiff Date: La 011e Attorney for Plaintiff COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 5 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Sandra Williams, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same as her free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 25th day of July 2017, otary Public in and for t e tate o exas Ell C1.AUDU J.JACKSONe,:,Notary FuhlicState of Texasr'�.`` Camra.Expires 01-22-2021�� Notary la 129173953 COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 6 APPROVED: Date: Assistant City Manager CITY OF FORT WORTH Date: blo4lll S pen A sis City Attorney A .EST: O .............. v. % Date: / lvfarIJ. aye S ret XAS'. NO M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Page 7 Contract Compliance Manger: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensurin all performance and reporting requirements _ tit-r Name f Employee 8 Tit ' COMPROMISE SETTLEMENT AGRUMNT AND RELEASE OF ALL CLAIMS Paas 8