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Home My WebLink AboutContract 55671� �o� � ��C'�,�: �oQy �Q ��o�Q�. , o �� . ��,,� �� a�v c�.�h6��r�� a�. 55 (o�l ( RELEASE AND COVENANT NOT TO SUE THIS RELEASE AND COVENANT NOT TO SUE is made and entered into by and between Cristopher Coleman and the City of Fort Worth, Texas. ARTICLE I - DEFINITIONS As used in this Agreement, the following terms shall have the definition indicated in this Article. 1.1. 1.2 1.3. 1.4 1.5 1.6. 1.7. "Agreement" shall mean this Release and Covenant Not to Sue. "Coleman" shall mean Christopher Coleman. "City" or "the City" shall mean the City of Fort Worth. "Department" Shall mean the City of Fort Worth Police Department. "Parties" shall mean Coleman and the City, collectively. "Party" shall mean Coleman or the City, individually. "Appeal" shall mean the appeal of temporary suspension that Coleman filed against the City with the Police Officer's and Firefighter's Civil Service Commission, CSC-10-2020. ARTICLE II - RECITALS AND PURPOSE 2.1. Coleman was employed by the City as a police officer from March 5, 2007 to January 9, 2021. On April 16, 2019, Coleman was arrested for Driving While Intoxicated, a Class B misdemeanor. Coleman was temporarily suspended without pay from January 8, 2020 through October 10, 2020, as described fully in E�ibit A to this Settlement Agreement. N��i�_,��a, ��4,-,; ��„`, , �{:;t �� -;;(�� `� '' ; RELEASE AND COVENANT NOT TO SUE 1 � / 2.2 2.3 On October 7, 2020, Coleman appealed his temporary suspension. On December 10, 2020, Coleman completed the Veteran's Diversion Program related to the incident on April 16, 2019, and the charge was dismissed. 2.4 2.5 On January 9, 2021, Coleman voluntarily resigned. Coleman has previously alleged race discrimination and retaliation during his employment with the City, which the City denies. As of the dates of this Agreement, there are no pending eharges or lawsuits alleging discrimination or retaliation of which the City is aware. 2.6 The Parties desire to settle, in the manner set forth herein, any and all claims or controversies between them in order to avoid the expense and uncertainty of litigation and to buy their peace. NOW, THEREFORE, upon the execution of this Agreement and in consideration of the mutual promises and agreements contained herein, the Recitals contained herein, and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree to the following: ARTICLE III - TERMS OF AGREEMENT 3.1. A. Coosiderallon. In consideration for settlement of the Appeal, Coleman agrees to withdraw the Appeal of his temporary suspension and the City agrees to remit backpay, which totals $71,367.46 gross pay and $44,342.15 net pay after all deductions. The final amount paid to Coleman is subject to any mandatory state or federal garnishments. RELEASE AND COVENANT NOT TO SUE , PAGE 2 3.2. Release of All Claims and Disnutes and Covenant Not to Sue. Coleman, for himself and on behalf of his attorneys, heirs, assigns, successors, executors, and administrators, IRREVOCABLY AND LJNCONDITIONALLY RELEASES, ACQUITS, FOREVER DISCHARGES, AND COVENANTS NOT TO SUE the City and its employees, agents, attorneys, insurers, and council members, in their official and individual capacities, including their successors and assigns, and any other person or entity who or which may be liable through or on behalf of the City, from and for any and all claims, complaints, obligations, promises, agreements, causes of action, debts, demands, costs, losses, damages, and expenses (including, without limitation, attorney's fees) whatsoever, pled or unpled, other than any arising from a breach of this Agreement, under any municipal, local, state, or federal law, common or statutory, for any actions or omissions whatsoever, whether known or unknown, fixed or contingent, liquidated or unliquidated, including any claim Coleman may have against the City regarding his employment, his suspension, his F-5 report, or any subsequent application for employment, if any, which existed or may or could have existed prior to, or contemporaneously with, the execution of this Agreement, including, but in no way limited to, claims brought or which could have been brought pursuant to the Tezas Government Code, the Tezas Local Government Code, the Tezas Labor Code, the Texas Commission on Human Rights Act, the Family Medical Leave Act, the Americans wi.th Disabilities Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 1981, and 42 U.S.C. § 1983. If any other related complaint was filed prior to the effective date of this agreement, Coleman agrees that it too is covered by the terms of this agreement and, by signing this agreement, RELEASE AND COVENANT NOT TO SUE PAGE 3 withdraws and dismisses each with prejudice. The provisions in this section apply only to claims related to Coleman' employment with the City of Fort Worth, and do not e�end to any other matter or claim that may arise after the date that this Agreement is signed. 3.4. Notice to withdraw appeal. Coleman agrees to file a notice of withdraw of his appeal of the temporary suspension attached hereto as E�chibit A. 3.5. Tazes. Coleman will be responsible for the payment of taxes, if any, owed on any payment made to him, as described herein in section 3.1. The City will issue Coleman a Form W-2, Wage and Tax Statement, or electronic wage report to report back pay as wages for the 2020 tax year. In the event the IRS assesses taxes on Coleman for any of the payments described in section 3.1 and Coleman fails to timely pay them, Coleman agrees to indemnify the City from any liability to the IRS for those unpaid taxes and any associated penalties and interest. This indemnification clause shall have the broadest scope and shall include all of the City's costs and attorneys' fees. Colema.n shall immediately provide notice of any claim by any entity for unpaid taxes related to the payments set out in section 3.1, by mailing a copy of the claim to the City. The Parties will report, as may be required by law, their respective payment and receipt of the amounts described herein. Coleman acknowledges that the City has made no representations to him regarding the tax consequences of any amount or benefit received by him pursuant to the terms of this Agreement. 3.6. No Admission of Liabilitv. Coleman understands and agrees that this Agreement is made for the sole purpose of resolving the differences between the Parties. RELEASE AND COVENANT NOT TO SUE PAGE 4 The City specifically denies and disclaims any liability to Coleman, and this Agreement shall not, in any way, be construed as an admission of liability by the City. 3.7. Entire Agreement. The Parties agree that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements, or undertakings between the Parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed orally, and any changes or amendments must be signed by all Parties affected by the change or amendment. 3.8. Governin� Law. It is understood and agreed that this Agreement shall be governed by and construed and enforced in accordance with, and subject to, the laws of the State of Texas, to the extent not preempted by federal law. 3.9. Counterparts. It is understood and agreed that this Agreement may be executed in multiple originals and/or counterparts, each of which shall be deemed an original for all purposes, but all such counterparts together shall constitute one and the same instrument. 3.10. Headin�s. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 3.11. Severabilitv. If any section, paragraph, sentence, clause, or phrase contained in this Agreement shall become illegal, null, or void, or shall be found to be against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null, or void, or against public policy, the remaining sections, paragraphs, sentences, clauses, or phrases contained in this Agreement shall not be affected thereby. Furthermore, RELEASE AND COVENANT NOT TO SUE PAGE 5 � in lieu of each such section, paragraph, sentence, clause, or phrase, there shall be added automatically as a part of this Agreement another section, paragraph, sentence, clause, or phrase as similar as may be possible which is legal, valid, and enforceable. 3.12. Waiver. The waiver of any breach of any provision hereunder by any Party to this Agreement shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 3.13. Representations. The Parties hereto, and their authorized agents or representatives, if any, hereby acknowledge and expressly warrant and represent, for themselves and for their predecessors, successors, assigns, heirs, executors, administrators, and legal representatives, that they (a) are legally competent and authorized to execute this Agreement; (b) have not assigned, pledged, or otherwise in any manner, sold or transferred, either by instrument in writing or otherwise, any right, title, interest, or claim that the Party may have by reason of any matter described in this Agreement; (c) have read and understand the effect of this Agreement; (d) are or have had the opportunity to be represented by independent legal counsel of their choice; (e) have received all additional information requested prior to executing this Agreement; ( fl execute this Agreement of their free will and accord for the purposes and consideration set forth herein, without reliance upon any sta.tement, representation, or inducement of any other Party or person not contained herein; (g) have the full right and authority to enter into this Agreement and to consummate the transfers and assignments contemplated herein; (h) are authorized to sign this Agreement on behalf of any of the Parties hereto; and (i) will execute and deliver 1 RELEASE AND COVENANT NOT TO SUE PAGE 6 \ stich �h�rther dacume;nts and L�ildei•lake sueh fui•tl�er actions as ma}� ��easonabl�� be rec�iiii�ed ta effect any o�I�t11e a�reements ancl covenants ii� this �greement. 3.14. A,.�l��ior�led�em��its. By executiug this Agreement, Colemai� aclu�owl�,dU�;s that (a) he l�as consulted «�ith l�is attorneys before executing this Agt�eeil�ent; (b) he has beetl given a r•easonable tiilie to consiciei� this Agi•eement; (c) any and all questioils regardin� the terms of tllis l-�greeinent have been aslced atld ans�ve�•�d t�� his corol�let.e satisfaetion; (cl) he l�as read tl�is Agreement and fully ui�derstands its terir�s anc� th�ir iin��ort; (e) eYcept as ��rovided t�y this ��reen�ent, he l�as no contractUal right. or cl�lim to tlle beti�tits des��i�ecl liereii�; (fj tlle consideration ��rovid�d for }lerein is good and valuzUle; a�id (;) �ae is et�teri�ag inio this �gt•e��neiit woliiiita�•ily, of ��is ow�n fe•ee will, �nc� ��ifl�aa�t any �o�a•ceor►, tEll(Ill� ilA�'tfli'N1Cl'� tla�•e�t, or inl:ia��clatioia of aldly ��IICY OI• typ� i�'}1�6�S4i�d�9'. EX�CUT�D tl�is 2�' rf�day of__��,�� 2�? 1• �� %� !� � ` i�isto� c,i il C`oleman SEFOIZI� NZE, tl�e undersigned Notary Public, on this day personally appeared �rica Colcman, �l p�T'SOII W}lOSe ICI(;ril:tty 1S 1{IlOWIl 1:0 111t;, and acicnotivledged to me Yhat she has r�;�lcl t11� iur�goin� Release and Covenant Not to Sue, and that she e�eci�t�d th� sam� loi the ��uY•posc�s and consideration therein expr�;ssed. ��9��1�9�� i��:i;�' �.,� `,u ; � ��`�l ��:ih��Fva;,�,, i ��. �A�:�i� i�l �?,: � RELE�S� /�ND COV.ENANT NOT `1�0 SU1; / , GNEl`d UNDER MY I-I11ND 11.1�D S�l1L OI' OFFICE on the '��(� clay of '�+ � � j) '� , �U21. ,�,`�,Y"',,. eR�,rir�iE Mc�ir��is . 1A . G., � =; ;• �p(� .�,c fVi,tary Public, State uf Texas =�'�'• �'`•��z� Comm. Expires O1•11-2023 , .,;.....��+,; �''';; ;,;��`` Notary f0 1264�7285 A P I''RO !-�ltoriiey, � �h RM: ez• �C'ole»lan Ptiblic, State of Texas � byo n ��/ / M � �/ �� EXECUTED t��is '�!�� da}� of 1�M' ,?U21 �� CITY OF FORT WORTH / Bv: Jay Chapa Dcputy City Maiiag�,r TH� �TA'1,L OF TLXAS COLTI�ITY OF T�1RRl�NT ti fi � � _ � �� ' � � '�� :' ':�. � � �.� ' ,� �� •V� ' ��• ' � �� , �•� '.'.� _ �;..� B�FORE �1VI�, the tindersi�ned Nota�y Pubiic, pei�sonally a�pearcd lesus "Jay" Chapa, a�erson whos� identity is laiovvn to me, and aelcnowledgec� to me tl�at he is ilie Deputy Cit�� Manager for the City of Fort Worth; that he is duly authorized to execute this Agreem�nt; a�id t:hat he eYecuted the A�eeement in the naine of and on behalF oI� the City af Fort W�rth in said capacity, For th� purpo�es �jnd consider•ation therein e,press�d. - -- - -_ _ RELEASE �\ND COVf�NAN1' NOT TO SUE ��8�� 8�? ��t�'�.:' � ��=`�R� �'`�'� � � ��-f '�1 � , 8i1 ��i E -_ - -_---�� GIVEN UNDER MY HAND AND SEAL OF OFFICE on the �D day of , 2021. APPROVED AS TO FORM: i Albin Attorney for City of Fort Worth � otary Public, State of Texas ��`"""`'�. EVONIA DANIELS \ i�,pr P�e'4 ;_°� � •;'s Notary Public, State of Texas ' =`�'•.�'"' Comm. Expires 07-13-2021 � , �'' ,oF.t�``: ,,,,,,, Notary ID 126950030 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ��!� �`%��C � �� , Deirdre O'Neal-Mills Senior Risk Management Analyst , P . r. ; { �, r . f ��- � c - --• c, i. 1 �' � RELEASE AND COVENANT NOT TO SUE PAGE 9