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HomeMy WebLinkAboutContract 55420RELEASE AND COVENANT NOT TO SUE THIS RELEASE AND COVENANT NOT TO SUE is made and entered into y and between Marian Valentine and the City of Fort Worth , Texas. ARTICLE I -DEFINITIONS As used in this Agreement, the following terms shall have the definition indica ed in this Article. 1.1. "Agreement" shall mean this Release and Covenant Not to Sue. 1.2. "Valentine" shall mean Marian Valentine. 1.3. "City " or "the City " shall mean the City of Fort Worth. 1.4. "Parties" shall mean Valentine and the City , collectively . 1.5. "Party " shall mean Valentine or the City , individually. 1.6. "Lawsuit" shall mean the action Valentine filed against the City in the 1 3rd Judicial District Court in Tarrant County , Texas , Cause No. 153-316191-20. ARTICLE II -RECITALS AND PURPOSE 2 .1. Valentine was previously employed by the City as a Senior Librarian of Digital Resources beginning in September 2015. The City terminated Valenti employment in February 2019. Valentine filed the Lawsuit alleging that the ity discriminated against her on the basis of disability and retaliated against her for enga ng in a protected activity. The City vigorously denies all of Valentine 's allegations in he Lawsuit and asserts that its actions were motivated entirely by legitimate, non- discriminatory business reasons . R ELE ASE AND COVENANT NOT TO SUE OFFUC0Al REt ,.,HiJ \ CllY SECRET. RV 2.2. The Parties desire to settle , in the manner set forth herein , any and II 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 considerati n of the mutual promises and agreements contained herein , the Recitals contained herJ n, and for other good and valuable consideration , the sufficiency of which is her l y acknowledged, the Parties agree to the following: ARTICLE III -TERMS OF AGREEMENT 3.1. Consideration. In consideration for Valentine 's promises and covena ts here in , the City agrees to pay to Valentine and her attorney, Matthew Scott of the S ott Law Firm, the total sum o f TWENTY-FIVE THOUSAND DOLLARS AND ZE 0 CENTS ($25 ,000.00) (the "payment"), divided into three separate checks, to be alloca ed as follows: $7 ,296.63 payable to Valentine for back wages and subject to all pay oil deductions required by law ; $7 ,296.63 payable to Valentine for compensatory dama es ; and $10,406.74 as attorney's fees payable to Matthew Scott of the Scott Law Firm. he City shall deliver the checks to Valentine 's attorney within forty-five ( 45) calendar d ys after the final execution of this Agreement. Additionally , the City agrees to ch ge Valentine 's termination code used by the City 's Human Resources Department to re that Valentine is eligible for rehire. Valentine agrees that this is sufficient considerat on for the promises and covenants made by her in this Agreement. Further, Valen ine acknowledges that this is a complete and final release and that no additional money ii to be paid to her on account of any cause of action or claim she may have against the Ci d . RE L EAS E AND COV ENANT NOT TO SUE PA I E 2 3.2. Release of All Claims and Disputes and Covenant Not to S e. Valentine , for herself and on behalf of her attorneys , heirs , assigns , successors , execut) s , and administrators , IRREVOCABLY AND UNCONDITIONALLY RELEAS S, ACQUITS , FOREVER DISCHARGES , AND COVENANTS NOT TO SUE the C ty and its employees , agents, attorneys , insurers , and council members , in their official a d 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 a d all claims , complaints , obligations , promises , agreements , causes of action, del:lts , demands, costs , losses , damages , and expenses (including, without limitation , attorne 's fees) whatsoever, pied or unpled , other than any arising from a breach of this Agreeme, t , 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 Valentine may h ve against the City regarding her past employment with the City , which existed or may or could have existed prior to , or contemporaneously with , the execution of this Agreem nt, including, but in no way limited to, claims brought pursuant to the Tej as Government Code, the Texas Labor Code, the Texas Commission on Human Rigr s Act, the Americans with Disabilities Act, the Age Discrimination in Employm nt Act, Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1983. 3.3 No Re-employment. Notwithstanding the change in her eligibility rehire described in Paragraph 3 .1 of this Agreement, Valentine hereby waives releases forever any right or rights she might have to employment, reemployment, or REL EAS E AND COVENANT NOT TO SUE PA E 3 reinstatement with the City at any time in the future. Valentine further agrees a d covenants that she will not seek employment , reemployment, or reinstatement with e City in the future. Valentine understands and agrees that if she breaches the terms oft paragraph , she shall pay to the City liquidated damages as described in Paragraph 3.4 of this Agreement. 3.4 Liquidated Damages. Valentine acknowledges that if she breaches y term of this Agreement, the violation shall be considered a material breach of he 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 brea h . Valentine further agrees that, the exact amount of actual damages ensuing from a bre ch of Paragraph 3 .3 of this Agreement being difficult to estimate at the time of executio this Agreement, in the event that Valentine breaches the provisions of Paragraph .3 above , she shall pay to the City as liquidated damages $10 ,000.00 , this sum being agr ed by the Parties to be a reasonable estimation of the damages the City would incur a a result of a breach of that provision. 3 .5. Dismissal Documents. The parties agree to the entry of a notice of non uit dismissing all claims in the Lawsuit with prejudice ("Dismissal Documents"). Valen ·ne agrees to sign the Dismissal Documents , through her attorney , contemporaneously ith her execution of this Agreement and to file the signed Dismissal Documents within 1ve days of execution of the Agreement. 3.6 . Taxes. The P arties will report , as may be required by law , their respec ive payments and receipt of the amounts described herein . Each party shall bear her o its RE L EASE AND COV ENANT NOT TO SU E respective tax liability , if any , arising from the payments made pursuant to the tenns of this Agreement. Valentine acknowledges that the City has made no representations to regarding the tax consequences of any amount or benefit received by her pursuant to e terms of this Agreement. 3.7 . No Admission of Liability. Valentine understands and agrees that t ts Agreement is made for the sole purpose of resolving the differences between the Pa1ti s. The City specifically disclaims any liability to Valentine, and this Agreement shall not, in any way , be construed as an admission of liability by the City. 3.8. No media statements. The parties agree not to make any statement to he media regarding the claims or defenses in this case or the resolution of this maT r. Valentine understands and agrees that , if she breaches the terms of this paragraph, r e will be required to tender back to the City TEN THOUSAND DOLLARS AND ZE ' 0 CENTS ($10 ,000.00) as liquidated damages for her breach. Nothing in this Agreem nt shall prohibit Valentine from discussing the Agreement with her spouse , attorney , or ax or financial advisor. 3.9. Entire Agreement. The Parties agree that this Agreement contains he entire agreement between the Parties and supersedes any and all prior agreeme ts , arrangements , or undertakings between the Parties relating to the subject matter. No ral understandings , statements, promises , or inducements contrary to the terms of is 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. REL E ASE AND COVENANT NOT TO SUE 3.10. Governing Law. It is understood and agreed that this Agreement shall e 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 .11. 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 he same instrument. 3.12. Headings. The headings of this Agreement are for purposes of refere ce only and shall not limit or define the meaning of the provisions of this Agreement. 3 .13 . Severability. If any section , paragraph, sentence , clause, or phr se 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 com pet nt jurisdiction to be illegal , null , or void , or against public policy , the remaining sectio s, paragraphs, sentences , clauses, or phrases contained in this Agreement shall not be affected thereby . Furthermore, in lieu of each such s ection, paragraph, sentence, cla se , or phrase, there shall be added automatically as a part of this Agreement another secti n , paragraph, sentence, clause, or phrase as similar as may be possible which is legal , va id , and enforceable . 3.14 . Waiver. The waiver of any breach of any prov ision hereunder by ny Party to this Agreement shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. RE LEAS E AND COV ENAN T NOT TO SU E PA E 6 3 .15. Representations. Th e Parties hereto , and their authorized agents or representatives , if any , hereby acknowledge and expressly warrant and represent , or themselves and for their predecessors , successors , administrators , and legal representatives , that they (a) assigns , heirs , execut j rs , are legally competent nd authorized to execute this Agreement; (b) have not assigned , pledged, or otherwise in manner, sold or transferred , either by instrument in writing or otherwise, any right, ti le , interest, or claim that the Party may have by reason of any matter described in T is Agreement; ( c) have read and understand the effect of this Agreement ; ( d) are or hi ve had the opportunity to be represented by independent legal counsel of their choi e ; ( e) have received all additional information requested prior to executing this Agreem nt ; (f) execute this Agreement of their free will and accord for the purposes nd 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 nd authority to enter into this Agreement and to consummate the transfers and assignme ts contemplated herein; (h) are authorized to sign this Agreement on behalf of any of he Parties hereto ; and (i) will execute and deliver such further documents and undert · ke such further actions as may reasonably be required to effect any of the agreements covenants in this Agreement. 3 .16. Acknowledgements . By executing this Agreement, Valen ·ne acknowledges that (a) she has been advised in writing to consult with an attorney be rre executing this Agreement; (b) she has been given a reasonable time to consider r s Agreement; ( c) any and all questions regard mg the terms of this Agreement have b en R E LEAS E AND COV ENANT NOT TO SU E PA E 7 asked and answered to her complete satisfaction; ( d) she has read this Agreement a d fully understands its terms and their import; ( e) except as provided by this Agreeme t, she has no contractual right or claim to the benefits described herein; (f) the considerati n provided for herein is good and valuable; and (g) she is entering into this Agreem nt voluntarily , of her own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. RELEASE AND COVENANT NOT TO SUE EXECUTED this )!/-:ft-. day of _,_~_-1._ 1 '1 _J r:_.•/'--1y ____ , 2021. I THE STATE OF TEXAS coUNTY oF Da f 1& s § § § Marian Valentine BEFORE ME, the undersigned Notary Public, on this day personally appea ed Marian Valentine, a person whose identity is known to me, and acknowledged to met at she has read the foregoing Release and Covenant Not to Sue, and that she executed he same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND :fz.&(4c.,~ , 2021. Notary Public, State of Texas rND SUBSTANCE: Matthew . Seo Texas Bar o. 00794613 matt@ mattscottlaw.com Scott Law Firm PLLC Founders Square 900 Jackson Street, Suite 550 Dallas, Texas 75202 214-965-9675 I 214-965-9680 (fax) Attorney for Marian Valentine RELEASEANDCOVENANTNOTTOSUE PA E9 EXECUTED this ;;?t/~ay of .h6rvC(,y y , 2021. ( ITY OF FORT WORTH y:_--,£.-=-----:..__--+----+- ··•·-.;.c. J/ ,::. -~,..r-r~:,.- •-.,~.:~.-:.:-: .. •.:--:--::::,. TH E STATE OF TEXAS § § COUNTY OF TARRANT § ay Chapa Deputy City Manager BEFORE ME, the undersigned Notary Public , personally appeared Jay Chap , a person whose identity is known to me , and acknowledged to me that he is a Deputy ity Manager for the City o f Fort Worth; that he is duly authorized to execute this Agreem nt ; and that he executed the Agreement in the name of and on behalf of the City of Worth in said capacity , for the purposes and consideration therein expressed. GIVE N UNDER MY HAND AND SEAL OF OFFICE on the .Jifl1'-ctay of ----ti;._..e.-~~~-1---· 2021. APPROVE D AS TO FORM: Trey Quall s Attorney for City of Fort Worth REL EAS E AND COVENANT NOT TO SU E Notary Public, State of Texas OFFICIAL ECORD1· CITY SEC ETARY FT. WOR H, TX I SETTLEMENT DISBURSEMENT A. Settlement amount: $25,000.00 Client $15 ,000.00 -60% less $406.74-filing and service fees ' $14,593.26 Settlement D1sbm sement Matt Scott Law Firm $10,000.00-40% Contingent Fee plus $406.74-filing and service fees $10,406.74 Date Page I Form W•4 Employee's Withholding Certificate ► Complete Form W-4 so that your employer can withhold the correct federal income tax from your pay. 0MB No. 545-0074 De pa rtment of the Treasury ► Give Form W-4 to your employer. Internal Revenue Service ► Your withholding is subject to review by the IRS. (c) ingle or M rried filing separately 0 Married filing jointly (or Qualifying widow(er)) 0 Head of household (Check only if you 're unmarri ed and pay more than half the costs of keeping up a home for yourself and a qualifyim g individual.) Complete Steps 2-4 ONLY if they apply to you; otherwise, skip to Step 5. See page 2 for more information on each ste 1 , who can claim exemption from w ithholding , when to use the online estimator, and privacy. Step 2: Multiple Jobs or Spouse Works Complete this step if you (1) hold more than one job at a time, or (2) are married filing jointly and yo r spouse also works . The correct amount of withholding depends on income earned from all of these jobs. Do only one of the following . (a) Use the estimator at www.irs.gov/W4App for most accurate withholding for this step (and Steps 3 ); or (b) Use the Multiple Jobs Worksheet on page 3 and enter the result in Step 4(c) below for roughly accurate with olding ; or (c) If there are only two jobs total, you may check this box. Do the same on Form W-4 for the other job. lhis option is accurate for jobs w ith similar pay; otherwise, more tax than necessary may be w ithheld . . . . . ► D TIP: To be accurate, submit a 2020 Form W-4 for all other jobs. If you (or your spouse) have self-ei ployment income, including as an independent contractor, use the estimator. Complete Steps 3-4(b) on Form W-4 for only ONE of these jobs. Leave those steps blank for the other jobs. (Your withh lding will be most accurate if you complete Steps 3-4(b) on the Form W-4 for the highest paying job.) Step 3: Claim Dependents Step4 (optional): Other Adjustments Step 5: Sign Here If you r income w ill be $200 ,000 or less ($400,000 or less if married filing jo intly): Multiply the number of qualifying children under age 17 by $2 ,000 ► ..,;;$ _____ _ Multiply t he number of other dependents by $500 Add the amounts above and enter the total here ►_$ ___ _ (a) Other income (not from jobs). If you want tax w ithheld for other income yo u expect this year that won't have withhold ing , enter the amount of other income here . Th is may 3 $ include interest, dividends, and retirement income 1-4-'(._a.,__) 1-$ _____ _ (b) Deductions. If you expect to c laim deductions other than the standard deduction and want to reduce your withholding, use the Deductions Worksheet on page 3 and enter the result here ..... 4~(~b)_$ _____ _ (c) Extra withholding. Enter any additional tax you want withheld each pay period 4(c) $ Ueda, ~=,~::st of "'I knowladgo ""' O.iof , is two,-'~"'"·o..,,rr+~--'t"";_n_~'>',~'--o-m_Jp-+le_.,.t_e ~---- ► Employee's signature (This for"m is not valid unless you sign it.) ► oat6 · ¥ Employers Employer's nam e and address Only Fi rst date of employment Emp loyer identifii ation number (EIN) For Privacy Act and Paperwork Reduction Act Notice, see page 3 . Cat. No. 102200 Form W-4 (2 020) Form W-9 (Re v. October 20 18) Departmen t of the Treasury Intern al Revenue Service Request for Taxpayer Identification Number and Certification ► Go to www.irs.gov/FormW9 for instructions and the latest information . 1 Name ( · · ired on this li ne ; do not leave this li ne blank . --, bove (") Q) Ol Cll a. ppropria te box for federal tax classi ficati on of the pe rson whose name is entered on lin e 1. Check only one of the following seven boxes. 5 ~ Individu al/s ole proprietor or Q) ~ single-membe r LLC D C Corpo ration D S Co rporati on D Partnership D TrusVes tate a. 0 l:',:; D Limited li abili ty company. Enter the ta x classification (C =C corporation , S=S corpo ration , P=Partnership) ► ___ _ 5 2 Note: Check the appropriate bo x in the line above for t he tax classificati on of the sing le-me mb er owne r. Do not check :S ~ LLC if the LLC is class ified as a sing le-member LLC that is disregarded from the owner un less the owne r of the LLC is '--ano the r LLC that is not disregarded from t he owner for U.S. federa l tax pur pose s. Otherwise, a sin gle-member LLC th at Cl. ~ is disregarded from the owner shou ld check the appropri at e box fo r the tax classification of its owner. Give For to the requeste Do not send tot e IRS . 4 Exemp tio ns (codes ap ly only to certain en titi es, not indi vi ua ls; see instructions on page 3): Exempt payee code (if an ) ___ _ Exem pt ion fro m FATCA r porting code (if any) {Applie, to accounis maintained ou ,ide the U.S.) ·g D Other (see Instructions) ► ~ 1--5-=A"-d-d-re_s_s_(.a..nu-m-be_r_, -st-re-e-t,""'~'""n-d_a_p_t_-o_r_s-ui-te_n_o ___ S_e_e_i_n_st-ru_c_ti-o-ns-.------------~-R-e_q_u_e-st-e-r's-na_m_e...,_a_nd-ad_d_r-es_s_(_o_pt-io_n_a_l)--+---- Jl 1------"~'--'-7-'--2_)"'-----=s'-=~--",0/'---'-'-'=--,--'-=-r _______ ----l 6 City, 71 at ~. ,n,d ZIP code _ y' -1 / /'V) / I+( 'V' ., 1()/\ I \ I VUL/ V 7 List account nun1ber(s) here (optional) Taxpayer Identification Number (TIN) Ent er your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backu p withholding . For individuals, this is generally your social security number (SSN). However, for a resident a li en , sole proprietor, or disregarded entity, see the instruc t ions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. Social security number or Note: If the account is in more th an one name, see the instructions for line 1. Also see Wh at Name and Number To Give the Reques ter for guidelines on whose number to en t er . Employer Identification number Certification Under penalties of p erj ury, I certify that: 1. The number shown on this form is my correct tax payer identificatio n number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholdi ng, or (b) I have not been notified by the Internal evenue Serv ice (IRS) that I am subject to backup withholding as a resu lt of a failure to report all interest or dividends, or (c ) the IRS has notified m that I am no longer subject to backup withholding; an d 3. I am a U .S. citizen or other U .S . person (defined below); and 4 . The FATCA code(s) entered on this form (if any) indicating t hat I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have bee n notified by the IRS t hat you are currently subject to backup withholdi g because yo u have fa iled to report all interest and dividends on your tax return. For real es tate t ran sact ion s , item 2 does not apply . For mortgage interest pai , acquis ition or aban donment of secured property, cancellation of debt , contributions to an individual retirement arrangement (IRA), and generally, p yme nt s other than interest and divid ends, you are not re quired to sig n the certifi cat ion , but you must provide your correct TIN . See the instructions for Part I, later. Sign Here Signature of U.S. person ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted . Future developments. For th e latest information about d evelopment s re lated to Form W-9 and its instruction s , such as legislation e nacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or en tity (Form W -9 request er) who is required to fil e an information return with th e IRS must obtain your correct t axpayer identification number (TIN) which may be your social security number (S SN), individual taxpayer identification number (ITIN), adoption t axpayer identification number (ATIN), or employer identification number (EIN), to report on an informati on return the amount paid to you , or other amount re portable o n an information return . Examples of information returns include, but are not limited to, t he following . • Form 1099-INT (interest earned or pai d) Cat. No . 1023 1X Date ► :J-.. • Form 1099-DIV (d ivi dends, including those from stocks or utual funds) • Form 1099-MISC (various types of income, pri ze s , awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other tran sactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchan t card and third party network trans c tions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured proper y) Use Form W -9 only if you are a U .S. person (inc luding a re i ident ali en), to provide your correct TIN . If you do not return Form W-9 to the requester with a TIN, f ou might be subject to backup withholding. See What is backup withh !ding , later.