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HomeMy WebLinkAboutContract 48014 -0,0 SFCRETAW �D ONTRACT NO. RELEASE AND COVENANT NOT TO SUE THIS RELEASE AND COVENANT NOT TO SUE is made and entered into by and between Leslie Alan McConnell 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. "McConnell" shall mean Leslie McConnell. 1.3. "City"or"the City" shall mean the City of Fort Worth. 1.4. "Parties" shall mean McConnell and the City, collectively. 1.5. "Party"shall mean McConnell or the City, individually. 1.6. "Lawsuit" shall mean the action that McConnell filed against the City in the 481h District Court,Tarrant County, Texas, Cause No. 48-267355-13. ARTICLE II -RECITALS AND PURPOSE 2.1. McConnell was formerly employed by the City as a firefighter. McConnell filed the Lawsuit alleging that he was subjected to disability discrimination when he was terminated from his employment on June 26, 2013. The City vigorously denies McConnell's allegations and asserts that its actions were motivated entirely by legitimate, non-discriminatory business reasons. OFFICIAL RECORD CITY SECRETARY FT. WORTH, Tx �. PAGE 1 COVENANT NOT TO SUE-McConnell t 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. 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. Consideration. In consideration for McConnell's promises and covenants herein, the City agrees to pay the costs that McConnell incurred for court reporting fees to Veritext Legal Solutions. McConnell represents and agrees that he is liable for said fees to Veritext Legal Solutions, and accepts the City's paying the fees as good and valuable consideration in exchange for his promises and covenants herein, including his dismissing the Lawsuit in its entirety, with prejudice. The City agrees to pay said fees in the sum of TWO THOUSAND THREE HUNDRED THIRTY DOLLARS AND NINETEEN CENTS ($2,330.19) paid to the order of Veritext Legal Solutions for Job Numbers 2287685, 2287681, and 2287641. The City shall deliver the payment to Veritext Legal Solutions within thirty (30) calendar days after the final execution of this Agreement. McConnell agrees that the City's payment to Veritext Legal Solutions on his behalf is good and sufficient consideration for the promises and covenants made by him in this Agreement. Further, McConnell acknowledges that this is a complete and final release and that no additional money is to be paid to him or for him on account of any cause of action or claim he may have against the City. RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 2 3.2. Release of All Claims and Disautes and Covenant Not to Sue. McConnell, for himself and on behalf of his 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 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, specifically including, but not limited to, any claim McConnell may have against the City regarding his employment, 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 Texas Government Code, the Texas Labor Code, the Texas Commission on Human Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1983,the United States Constitution and the Texas Constitution. 3.3. Dismissal Documents. The parties agree that Plaintiff will file a Notice of Full Nonsuit of All Claims with Prejudice ("the Notice of Nonsuit") dismissing all claims in the Lawsuit with prejudice. McConnell agrees to sign the Notice of Nonsuit, contemporaneously with his execution of this Agreement and to file the signed Notice of Nonsuit within ten (10) RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 3 r f days after delivery of the funds described in paragraph 3.1 to the offices of Veritext Legal Solutions. 3.4. Taxes. The Parties will report, as may be required by law, their respective payment and receipt of the amounts described herein. Each party shall bear his or its respective tax liability, if any, arising from the payments made pursuant to the terms of this Agreement. McConnell acknowledges that the City has made no representations to him regarding the tax consequences of any benefit received by him pursuant to the terms of this Agreement. 3.5. No Admission of Liability. McConnell understands and agrees that this Agreement is made for the sole purpose of resolving the differences between the Parties. The City specifically disclaims any liability to McConnell, and this Agreement shall not, in any way, be construed as an admission of liability by the City. 3.6 No Re-employment. McConnell hereby waives and releases forever any right or rights he might have to employment, reemployment, or reinstatement with the City at any time in the future. McConnell further agrees and covenants that he will not seek employment, re- employment, or reinstatement with the City in the future. McConnell understands and agrees that, if he breaches the terms of this paragraph, he will be subject to damages in an amount equal to the amount paid to Veritext Legal Solutions on behalf of McConnell under this Agreement. 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 RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 4 Agreement cannot be changed orally, and any changes or amendments must be signed by all Parties affected by the change or amendment. 3.8. Governing 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. 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. 3.11. 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, 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. 3.12. 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 RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 5 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; (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 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 such further documents and undertake such further actions as may reasonably be required to effect any of the agreements and covenants in this Agreement. 3.14. Acknowledeements. By executing this Agreement, McConnell acknowledges that (a) he has been advised in writing to consult with an attorney before executing this Agreement; (b) he has been given a reasonable time to consider this Agreement; (c) any and all questions regarding the terms of this Agreement have been asked and answered to his complete satisfaction; (d) he has read this Agreement and fully understands its terms and their import; (e) except as provided by this Agreement, he has no contractual right or claim to the benefits described herein; (f) the consideration provided for herein is good and valuable; and (g) he is RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 6 entering into this Agreement voluntarily, of his own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. EXECUTED this A day of 2016. Leslie Alan McConnell THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared Leslie Alan McConnell, a person whose identity is known to me, and acknowledged to me that he has read the foregoing Release and Covenant Not to Sue, and that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on the day of ( , 2016. Notary Public, $ of Texas r•""rr"'� DONALD JOSEPH STUESER Notary Public.State of texas APPROVED AS TO FORM: y:.., r+ Comm. Expires 05-22-2017 °%;F O'a��, Notary iD 12344600 Walter L. Taylor Date Attorney for Leslie McConnell RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 7 4 CITY OF FORT WORTH: 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 day of 2016. Notary Public, Siate of Texas APPROVED AS TO FORM: �t�,v Pub Laura 9M.Ev. ID#4 M CoOFMarch ElizabeW Dierdorf ate Attorney for City of Fort Wort ®R crm gotWd P. Gonzales, ° -- ,.. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RELEASE AND COVENANT NOT TO SUE-McConnell PAGE 8