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,SC�-\N[2WLEASE AND COVENANT NOT TO SUE
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a,g DNM THIS RELEASE AND COVENANT NOT TO SUE is made and entered into by
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and between Detra Brown 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. "Agreement" shall mean this Release and Covenant Not to Sue.
1.2. "Brown" shall mean Detra Brown.
1.3. "City"or"the City" shall mean the City of Fort Worth.
1.4. "Parties" shall mean Brown and the City, collectively.
1.5. "Parry" shall mean Brown or the City, individually.
1.6. "Lawsuit" shall mean the action Brown filed against the City in the 153'
Judicial District Court in Tarrant County, Texas, Cause No. 153-322620-21.
ARTICLE H - RECITALS AND PURPOSE
2.1. Brown was previously employed by the City in the Park and Recreation
Department. She resigned in September 2019 and filed the instant lawsuit alleging sex
and race discrimination, retaliation, and constructive discharge. The City vigorously
denies all of Brown's allegations in the Lawsuit.
2.2. 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.
OFFIClAI, ECORV�i
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE R PAGE
NOW, THEREFORE, upon the execution of this Agreement and in consideration
of the mutual promises and agreements contained herein, the Recitals contained her' in,
and for other good and valuable consideration, the sufficiency of which is her by
acknowledged, the Parties agree to the following:
ARTICLE III - TERMS OF AGREEMENT
3.1. Consideration. In consideration for Brown's promises and coven ints
herein, the City agrees to pay to Brown and her attorney, David B. Joeckel, Jr. of the
Joeckel Law Office, the total sum of NINETY-SEVEN THOUSAND FIVE
HUNDRED DOLLARS AND ZERO CENTS ($97,500.00) (the "payment"), in three
separate checks,to be allocated as follows: $41,448.25 payable to David B. Joeckel, Jrl of
the Joeckel Law Office; $14,012.94 payable to Detra Brown as lost wages; and
$42,038.81 payable to Detra Brown as non-wages. The City shall deliver all three
payment checks to Brown's attorney within thirty (30) calendar days after the final
execution of this Agreement. Brown agrees that this is sufficient consideration for the
promises and covenants made by her in this Agreement. Further, Brown acknowledges
that this is a complete and final release and that no additional money is to be paid to her
on account of any cause of action or claim she may have against the City.
3.2. Release of All Claims and Disputes and Covenant Not to Sue. Brown,
for herself and on behalf of her attorneys, heirs, assigns, successors, executors, and
administrators, IRREVOCABLY AND UNCONDITIONALLY RELEASES, ACQUITS,
FOREVER DISCHARGES, AND COVENANTS NOT TO SUE the City and its
employees, agents, attorneys, insurers, and council members, in their official and
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGF
• 1
might have to employment, reemployment, or reinstatement with the City at any tim in
the future. Brown further agrees and covenants that she will not seek employment,
reemployment, or reinstatement with the City in the future and that any pending
application for employment with the City is deemed to be withdrawn. Brown
understands and agrees that if she breaches the terms of this paragraph, she shall pay to
the City liquidated damages as described in Paragraph 3.4 of this Agreement.
3.4 Liquidated Damages. Brown acknowledges that if she breaches any term
of this Agreement, the violation shall be considered a material breach of the Agreement,
and the City shall have the right to file an action against her and pursue all available legal
or equitable remedies (including attorney's fees and costs) for the breach. Brown further
agrees that, the exact amount of actual damages ensuing from a breach of Paragraph 3.3
of this Agreement being difficult to estimate at the time of execution of this Agreem nt,
in the event that Brown breaches the provisions of Paragraph 3.3 above, she shall pay to
the City as liquidated damages $10,000.00, this sum being agreed by the Parties to be a
reasonable estimation of the damages the City would incur as a result of a breach of t4at
provision.
3.5. Withdrawal and Dismissal of EEOC Charges. For the sa ne
consideration set out in paragraph 3.1, above, Brown will inform the Equal Employment
Opportunity Commission ("EEOC") and the Texas Workforce Commission Civil Ri is
Division ("TWCCRD"), through her attorney, that she wishes to withdraw her Charge of
Discrimination, No. 450-2019-02604, by submitting a fully-executed EEOC Form 1541 to
the following address by December 31, 2021:
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGE
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 ("the Released
Parties"), from and for any and all claims, charges, complaints, obligations, promises,
agreements, causes of action, debts, demands, costs, losses, damages, and expe es
(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, specifically including, but not
limited to, any claim Brown may have against the City or any of the Released Parties
regarding her past employment with the City, 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 pursuant to the U.S. Constitution, the
Constitution of the State of Texas, the Texas Government Code, the Texas Lo al
Government Code, the Texas Labor Code, the Texas Commission on Human Rights
Act, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of
1973, the Family Medical Leave Act, the Equal Pay Act, the Lily Ledbetter Fair Fay
Act, the Age Discrimination in Employment Act, Sections 1981 through 1988 of Title
42 of the United States Codes, Title VII of the Civil Rights Act of 1964, as amended
through the Civil Rights Act of 1991, the Fair Labor Standards Act (FLSA), the
Texas Whistleblower Act, and 42 U.S.C. § 1983.
3.3 No Re-employment. The City will provide to Brown a neutral
employment reference. Brown hereby waives and releases forever any right or rights she
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGF
Equal Employment Opportunity Commission
Dallas District Office
207 South Houston Street, 3rd Floor
Dallas, TX 75202
Brown also agrees that, by December 31, 2021, she will inform the EEOC d
TWCCRD of her withdrawal of all EEOC and/or TWC charges against the City of Fort
Worth, including but not limited to Charge Nos. 31A-2020-073 and 450-2020-03217.
3.6. Dismissal Documents. The parties agree to the entry of an Agreed O der
of Dismissal, dismissing all claims in the Lawsuit with prejudice ("Dismissal
Documents"). Brown agrees to sign the Dismissal Documents, through her attorney,
contemporaneously with her execution of this Agreement and to file the signed Dismissal
Documents with the court within five days of execution of the Agreement.
3.7. Taxes, The Parties will report, as may be required by law, their respective
payments and receipt of the amounts described herein. Brown acknowledges and agrees
that: (t) the City and its counsel have made no representations to Brown regarding the tax
consequences of the payments made to her or to her attorneys under this Agreement; and
(2) Brown is ultimately responsible for determining the taxability of any of the payments
made to her and her attorneys in this Agreement, and for paying taxes (federal, state, or
otherwise), if any, which any taxing authority determines or claims are owed with respect
to such payments..
3.8. No Admission of Liability. Brown understands and agrees that f lis
Agreement is made for the sole purpose of resolving the differences between the Parti s.
The City specifically disclaims any liability to Brown, and this Agreement shall not, in
any way, be construed as an admission of liability by the City.
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE
PAGF
3.9. No media statements. The parties and their attorneys agree not to take
any statements to the media regarding the claims or defenses in this case or the resolution
of this matter. Brown understands and agrees that, if she breaches the terms of this
paragraph, she will be required to tender back to the City ONE THOUSAND DOLLARS
AND ZERO CENTS ($1,000.00) as liquidated damages for her breach. Nothing in this
Agreement shall prohibit Brown from discussing the Agreement with a spouse, alto ey,
or tax or financial advisor.
3.10. Public Information. The Parties acknowledge that this Agreement s a
public document under the Texas Public Information Act. However, such document ill
not be released by the City unless a valid request is received under the Texas Public
Information Act. Brown and/or her agents agree not to file any Public Information ct
requests with the City regarding this matter and to withdraw any pending Public
Information Act requests submitted to the City regarding this matter.
3.11. 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.
3.12. Governiny- 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.
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGF
3.13. Counterparts. It is understood and agreed that this Agreement ma be
executed in multiple originals and/or counterparts, each of which shall be deeme an
original for all purposes, but all such counterparts together shall constitute one and the
same instrument.
3.14. Headings. 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.
3.15. Jointly Drafted. This Agreement is the product of arm's-letigth
negotiations between the Parties, and no Party shall be deemed to be the drafter ofny
provision or the entire Agreement. The wording in this Agreement was reviewed and
accepted by all Parties after reasonable time to review with legal counsel, and no Party
shall be entitled to have any wording of this Agreement construed against the other Party
as the drafter of the Agreement in the event of any dispute in connection with this
Agreement.
3.16. State Law to Apply. This Agreement is to be performed entirely in
Tarrant County, Texas, and the substantive laws of Texas govern the validity,
construction, enforcement, and interpretation of this Agreement. Mandatory and
exclusive venue for any action brought to enforce or interpret this Agreement shall be in
district court in Tarrant County, Texas.
3.17. Severability. 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,
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGE
paragraphs, sentences, clauses, or phrases contained in this Agreement shall not be
affected thereby. Furthermore, 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.
3.18. Waiver. The waiver of any breach of any provision hereunder by my
Party to this Agreement shall not be deemed to be a waiver of any preceding' or
subsequent breach hereunder.
3.19. 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, execut rs,
administrators, and legal representatives, that they (a) are legally competent and
authorized to execute this Agreement; (b) have not assigned, pledged, or otherwise in y
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;
(f) execute this Agreement of their free will and accord for the purposes and
consideration set forth herein, without reliance upon any statement, representation, or
inducement of any other Party or person not contained herein; (g) have the full right d
authority to enter into this Agreement and to consummate the transfers and assignments
Brown v. CFW-RELEASE AND COVENANT NOT TO SUE PAGE
contemplated herein; (h) are authorized to sign this Agreement on behalf of any of the
Parties hereto; and (i) will execute and deliver such further documents and underinke
such further actions as may reasonably be required to effect any of the agreements, and
covenants in this Agreement.
3.20. Acknowledgements. By executing this Agreement, Brown acknowledges tha�(a)
she has been advised in writing to consult with an attorney before executing this
Agreement; (b) she has been given a reasonable time to consider this Agreement; (c) Emy
and all questions regarding the terms of this Agreement have been asked and answere to
her complete satisfaction; (d) she has read this Agreement and fully understands its to s
and their import; (e) except as provided by this Agreement, she has no contractual right
or claim to the benefits described herein; (f) the consideration provided for herein is good
and valuable; and (g) she is entering into this Agreement voluntarily, of her own ftee
will, and without any coercion, undue influence, threat, or intimidation of any kind or
type whatsoever.
Brown v.CFw-RELEASE AND COVENANT NOT TO SUE PAGE
EXECUTED this day of , )Uvcrlber 52021.
Detra Brown
THE STATE OF TEXAS
§ I
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appe ed
Detra Brown, a person whose identity is known to me, and acknowledged to me that she
has read the foregoing Release and Covenant Not to Sue, and that she executed the same
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the /8��day of
Ile h4 , 2021.
°�`•�`"�;, CJIFt1.RLA
A R MAHONEY
*3 My Notary ID#1015NO8
ApdI 28,2023
-�
Notary Public, State of Texas
APPROVED AS TO FORM AND SUBSTANCE:
4David�BjtJoeckcel,
Jr.
Jack Waers
Attorneys for Detra Brown
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE PAGF
EXECUTED this j j "day of f�, 2021.
CITY OF FORT WORTH
By: C�
,V��
�� 40�—�Valerie Washington
Assistant City Manager
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, personally appeared Valerie
Washington, a person whose identity is known to me, and acknowledged to me that she is
an Assistant City Manager for the City of Fort Worth; that she is duly authorized to
execute this Agreement; and that she executed the Agreement in the name of and on
behalf of the City of Fort Worth in said capacity, for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on the 11"y of
. 2021.
MARIA S,SANCHEZ /
My Notary ID#2256490
Expires December 19,2021 R 7'
No Public, State of Texas
APPROVED AS TO FORM:
Qum Attestsd by: '
Trey Qualls .
Attorney for City of Fort Worth tt�netfe ; Cidwr
[OFFIC L RECORD
Brown v.CFW-RELEASE AND COVENANT NOT TO SUE RETi4R'9� f
FT. WORTH, I TX