HomeMy WebLinkAboutContract 54760 RECEIVED
ncT i - 2020 COMPROMISE SETTLEMENT A(.-,REF-MENT AND RFLFASF OF ALL CLAIMS
CiTyOFFORTWORTH
CITY SECRETARY B ElAVE V IN TH F
C1TVOF FORTWORTH AND JACKIE KRPv1FR
WHEREAS, Jackie Kraemer ' follilder and oxviier of lleartstrings� Dog
Rescue hic., aije c)c:, that oil Or about Julie j7, 202,Cy, si)c: received'si'N (6) pupp'
les from
01C City of Fort Worth ('V ity'1) via it tra tisport. A fter re c c i ,
v1rL1,1 the Ani ma , four es pssed
away i due to medical complications and the Claimant incurred variou
veterinarian costs in an attempt to rescue the puppies; s fls illa-rIckil,PlIppi medicala, and
WHEREAS, Claimant :further alleges that tile. City negligently assessed the Animals and
should not have Transported the Animals to Claimant based oil Tile Cert,ficate of Veterinarian
Inspect' Lerinartan
1011 V'CVP) arid that the City did not timely provide the Cklilliant a 1health eel-til'ica,te prior
to theAnitnals being transported;
WHEREAS, as a result of the
incident described above and damages allegedly suff.�red
Claahinlallt, a, dt-m-and- w as madLe against th-
incui-red by Cl fog aimant fb?� tfi�-- ,ostss. expend
s,
aimant for the treatment. of the Animal, es, and losses
NNIf EREAS, City has offered to Compromise and settle all claims and causes of jtctlorl of
arty kind 'Which she May have against 11
and all the ltY, Its agents.employees, Workers and representatives,
others connected with or in privity with the City, arising Out Of or connected in any way
with the above described incident and. the handling, transportation, arid treatment of the Ar-i.irnals
In considerati011 Of pay-meet by the City to Cla,
Schn"a's, ()t'tllc law firm Schm' anant, Jackie Kraerncr, and her attorney (3�jry
I aus &Pierce Law Office, the sun, 01.-two thousand nine hundred
a I nd rift) dollars and no Cents fS2,950.00) in full and final settlement of all claims against the
City, its agents, employees, workers Or representatives, arising out of the above described incident
and the handling, tralisporratIoR, and treatment cif the Anitnals. and
Wif F REAS, even tliougjl the City denies any liability Of any kind on account of tile
incident made the subjCCt Of Claimant's -claim and the handling, tranS[X)rLa[ion. arLd Treatment of
the Animals, tile City has agreed to the payment terms described above i 'seltlen-ten! of tile d, n COMPT-Omiw, and
li 0gabon. IsPuted c6irlis and In order `0 41s,oid ftl-ther time-eonsuniin c(
an NOWi THEREFORE,in consideration Of tile recitals set fordi above., the mutual promises
d agreenicilts made hereirt, and other valuable, consideration, the receipt and suff
is acknowledged, the City and Claimant agree that: "ic jellcy ofwhic h
II. "I---TERMS
L JackcieKraemcr, Claimant, fbr and in consideration of payment by the Cj .-, of Fort
Wj4rth to Cray'
Schmau,s, of vG -the law f-Trt-n Schrnaus & Pierce Law Office._Lhe sure of two thousand
and U-Alfvl�)
UFFICUAL RECORD
CffyOFFORTWORTH CITY
I
CITYSECRETARY CITY SECRETARY
IT SECRETARY
EFT. WORTH,TX
I
nine hundred and fifty dollars and no cents 62,950,00) in full and final settlement of all claims
against: the 10
'Ly, Its agellt�s, ef"PI Yees, �vorkers 'or representatives, arising out ofincident, described
above and the handling., transportation, and treatment of the Animals, and the receipt and
sufficiency Of Such consideration being hereby acknowledged and confessed by Claimant, does
t bi-herself, her representatives, successors and assigns, unconditionally release,acquit and forever
discharg the City of Fort Worth, and rrs others cfillnecj(�d wi 11 or in pri\,, agents, en"PlOY"s, Workers arld representati
ItY �,A,idi the Citv of Fort Wollb, (If, Ives, and all
ill any and all c tailll,; of
naftlIT, 'Much said Clitinlant nli t assert by reason of tile'
even"kild, character 01 fj ')
incident and the handling g1l, above described
transportation, and treatir-ricnt of the Arl'irnals, together w*
ith all claims
heretofore asserted, including,; clain-ts for physical pain and srifferin,, (past and future), medica
expenses (past and future), physical
nature of damage - 1111pairtrient (past ail(] future.), and any other- kind, characte I-or
ge which could oj� mil,,lit he the sub'
of a claim by lier arising frorn
n the incident
hereinabove described.
In consideration of' tile respective payment described above, Clainiant ploes to
indell"Iff"y and ibreVer hold liarnjle,�s and defiend die City offort Worth. and all ages, myees,
workers and representatives of the. City of Fort Worth, and all Others connected w,th or
with !Ile Cty Of 17`�rt WOI`tll, its lleirs, representat' Ill priv 1,t y
C la irns Or causes of action iric ludin an} Ives, successors and assitVIS, fr011, any and all
� costs or expenses ill connection therewith. which may
herea.l'ter be brought by Claimant,
1-1eartstrings Dog Rescue Inc., or by anyone on her behalf,arising Out orthe abovescribed incident descri in i r-1
and [lieandling, transportati handling, on, and t-rcatinctit Of, tile
3- l']lc release Of claims contained herein is
involved —'yet) with full kno-wledge of ail pal-ties
a' settling tilt clailn thit there is a dispute on the: part of the City regarding whether- or
not it is liable 6or any darriagles alleged in the above described ilcident all(] the liandlin.-,,
LlUnSp ff
ortatioa, and treatment of the Ani'I'llals, It L's also understood and a
is in compronlise of disputed claims and that the Payment. Made hereum_geed that this settlernent
as achnisslon of1tability on the part of the, and, ier is not to be construed
M fact,City denies liability for the above-described
incident and the handling, trallsportatk)n, and treatment of the Anirnals, if any, and intends, by this
4ettlement, merely to buy its peace.
4. I-Ills Compromise Settlement Agreement and Release of All Claims may be
executed in la 111,1triber of each 0" which shall deelned -
purposes, it at, Original flor ail
Ay 5. Claimant represents and acknoNvic dues that this Compromise Settlement
greenictit ail(] Release of AD Claims has been l,cad in (Pling and that i has
Its entirety before sk', it
been fulty, explaittled, in Mail, to her hV her "ittornev and that tt i rtjllx i. &1_5too(j,
6, By her signature hereto, Claimant represents and declares that she is Illore thall
eTl,flteerl (18) Years of age and is fujlN, competent to enter is I's
Agreeinent and Release o17AII Claims, that into this Cornpronii e Settlenient
are accurate, iat rhe representations', decbrations and aggreernents lierell
binding, and are contractual in nature and that It() representation or agreement not
herein m
expressed has been ade Inducerri to her as i wilt to into nto till's Comprorni1SC Settlement
Agreement and Release of All ("'.Jainis.
COMPROlMist,' (.l1[ia
k,'F ALL CLAINVs
Igs 1_X;,,q Ile In'., PAGE' 2
This agreerlient shag be c ffeetn e as caf`the date thy; last. party sinatt�re i5 affixed heletcz �;
M(icateu .by crre slates set. lorth below. g
'ie kr$erncr, Clarrzia, — `—"
Date: '
STATE OF WISCONSI,
COUNTY OF M ASHINGTON
BII�C)I�C ME, the untlersltinecil �rttthori
FCracmer }:rirzi;n to z�tc tc,1 b the p rsc�rz w1josG 1li1lej, stt��;r:r, On this �ibeclay �r7 theer zf��ikk4ll���a���ls rJ�dcl�e
and ae.knc����le �;�d to ttze that she eXec:-uted the yartr�e as he.r #lee trc.l: rii�zti �eecl fur � e[It,
c.can ttlerctcitirr therein. Yl,ressed. pw-p }se4s and
GJI1T EN UNDER MY HAND AND SEAL OF OFFICE: thi2 020, s �c r"'�
day of'
Notary y l ufalrc In and fir
The State cal WisCons:in �
I'1�12OtE � ctr `•,PUBLIO
A
D AS T4 0R_(A44
OF
Mxli-
!ll#IlitVt
Crazy s Date:_�91
5cfzrz�at 'i ,rce Laver O#I:lee.
k cntrzta iri I'a I°k C�1a1
Cremiantown, Wisennsin -5302
ATI'OR,NIEY F(.)R CLAIMA :,j,
r ry��rktrtRtrS# 5t I TL.r br[*vr 1GR E"rt r,j ati�[7 }:[ ins C]H.�C.rt.C;i�rlth�.
t!"111Lft r .v.L' c>,
,_ .�,'c.
P.A(zE 3
CITY OF FORT' WORTH
A_PPRO*VTD:
alerie Washington Date,
Assistant City Manager-
.APPROVED .AS TO FO.R10:
civistopher K.Austria Date l� 7.1
AssLktant City Attorney
ATTEST;
O�FORT�o
� Date:K "t} SCLRUt r
3:
U
Contract Compliance Managcr .•
13Y signing, I acl�;nowledge ghat t ar�� the e
�,,' ► ' r, p ible for the nu.mitot ink and ax r�rir7istra tiorz
t this ontract, including enstu-inn, ell! �,
LLLA
q� � ,� . I ,,erforn��rnc�� at-id.reporting requirements,
l?errclre O'Neal-Mil _— Date: �Q �2Q 2 C7
Risk Mani-2,ement Anal,st
i F
I
t t»rr�tzcata st r-r r ��t tvr AGREEMENTtrt�ra1-t.r;.� sr:rr sir, ct.,�rtts Eii„ i `ll9r T
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