HomeMy WebLinkAboutContract 56321 SCCRLTAR'Y
PACT NO.
RELEASE AND
COVENANT NOT TO SUE
THIS RELEASE AND COVENANT"NOT TO SUE is made and entered into by
and between Teresa Espinoza and the City of Fort Worth,Texas.
ARTICLE I-DEFINMONS
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. "Espinoza" shall mean Teresa Espinoza.
1.3. "City"or"the City"shall.mean the City of Fort Worth.
1.4. "Department"Shall mean the City of Fort Worth.Police Department.
1.5. "Parties" shall mean Espinoza and the City,collectively.
1.6. "Party"shall mean Espinoza or the City,individually.
L7. "Appeal" shall mean the appeal of termination that.Espinoza submitted jo
ELRD on or about June 15,2021.
ARTICLE H RECITALS AND PURPOSE.
2.1. Espinoza was employed by the City as a Public Safety Communicator II from
January 13, 2003 to May22,2021, On or about March 31,2021,Espinoza engaged in a
disagreement with her isupervisor,.which members of her chain of command believed
violated several City policies. Espinoza was notified of her termination by former Deputy
Chief Michael Shedd on or about:May 20,2021.Espinoza:filed an appeal pursuant to Fort.
Worth Personnel Rules and Regulations Section 14.5.
RELEASE AND COVENANT NOT TO SUE ;:PAGE
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2.5 Espinoza alleges that her termination is not justified and has requested
reinstatement.
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:
ARTIECLL SIT-TERMS OF AGREEMENT
3.1. Consideration.
A. Espinoza agrees to withdraw the appeal of her termination and return to work at a
date and time specified by the police department. The City agrees to provide no less than
five days' notice of the date and time of her return to work which may be provided to
Espinosa's -counsel, Zoe Courtney. The City agrees to abide by the accommodation
previously approved which restricts Espinoza's work hours to a shift between TOO am and
11 pm. Espinoza agrees that she will be placed on probation for a period of'six months,
unless extended pursuant to City PRR 4.3.1.4, during which time she will be expected to
comply withall applicable City and PoliceDepartment policies and.procedures.
B. The City agrees to reinstate Espinoza and remit backpay based on Espinoza's hourly
wage of$25.94 at forty hours per week for the period,between the date of her termination
and August 13,2021,less any and all interim earnings. The City agrees that Espinoza will
RELEASE AND COVENANT NOT TO SUE PAGE 2
receive a 7.72%pay increase effective August 14,2021 and.shall receive back,pay based
on the pay increase from the period between August 14,2021 and the date she returns to
work,less any and all interim earnings. The City also agrees to restore Espinoza's vacation,
sick leave, holiday pay, and retirement benefits for the period of time between her
termination and the date on which she returns to work at the Department.The final amount
I aid to Espinoza is subject to any mandatory state.or federal garnishments.The City agrees
to restore any accrued leave time thatto which Espinoza was entitled but not paid for during
pay period ending on May 31, 2021. The City agrees that Espinoza's seniority status/date
will remain the same as before her termination. The City agrees that Espinoza shall be
entitled to utilize herpre-termination seniority status for work schedule signups when and
if signups are made available to the Communications Department. The City agrees that
Espinoza may take her previously approved vacation for the period between November 27,
2021 and December 10,2021.
12. Release of All Claims,-and ims and Disputes and Covenant loTot to Sue: Espinoza, for
herself and on behalf of her attorneys, heirs, assigns, successors, exeecutors, 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 successorsand 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 atl
claims; complaints, obligations, piromises, agreements, causes of action, debts, demands,
costs, losses, damages,. and expenses (including, without limitation, attorney's fees)
RELEASE AND COVENANT NOT Tp SUE PAGE 3
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 Espinoza may have against the City regarding her
employment or her termination, 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 Texas
Government Code, the Texas Local Government Code, the Texas Labor Code, the
Texas Commission on Human. Rights Act, the Family Medical Leave Act, the
Americans with Disabilities Act,Title V of the Civil Rights Act of 1964,42 V.S.C.§
1981,and 42 U.S.C.§1983. If any other related complaint was filed prior to the effective
date of this agreement,Espinoza agrees.that it too is covered by theterms of this agreement
and, by signing this agreement, withdraws and dismisses each with prejudice. The
provisions in this section apply,only to claims related to Espinoza's employment with the
City of Fort Worth on or before the date this agreement is executed and do not extend to
any other matter or claim that may arise after the date that this Agreement is signed.
3.4. Notice to withdraw appeal. Espinoza agrees to file a.notice.of withdraw of
her appeal with Employee and Labor.Relations;c%Sandra Huerta.
3.5. Taxes. Espinoza will'be responsible for the payment of taxes, if any; owed
on any payment.made to=her, as described herein in section 3.1. In the event the.IRS
assesses taxes on Espinoza for any of the payments described in section 3.I which are owed
by Espinoza,and Espinoza fails to timely pay them,Espinoza agrees to indemnify the City
RELEASE AND COVENANT NOT TO SUE. PAGE 4
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 reasonable attorneys'fees. Espinoza 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. Espinoza
acknowledges that the City has made no representations to her regarding the tax
consequences of any amount or benefit received by her:pursuant to the terms .of this
Agreement.
3.6. No Admission of Liability. Espinoza understands and agrees that this
Agreement is made for the sole purpose of resolving the differences between the Parties.
E
The City specifically denies and disclaims any liability to Espinoza, and this.Agreement
shall not,in any way,be construed as an admission of liability by the City.
3.7. Enfire:Amement: 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. 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.
RELEASE AND COVENANT NOT TO SUE PAGES
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. Headines. 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 maybe 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. Itenresentations. 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 tirransferred;
RELEASE AND COVENANT NOT TO SUE PAGE 6
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 Marty 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 thiis 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. A:ckuowlednements. By executing this Agreement,Esp inoza acknowledges
that(a)she has consulted.with her attorneys before executing this Agreement; (b)she has
been given a reasonable timee to consider this Agreement; (c) any and alt questions
regarding the terms of this Agreement have been asked and answered to her complete
satisfaction; (d) she has read this Agreement and fully understands.its terms 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 free will,
and without any coercion;undue influence,threat,or intimidation of any kind or type
whatsoever.
RELEASE AND'COVENAMNOT TO SUE PAGE 7
t� h
EXECUTED this 7 day of SrpfCnf Ae r 2021.
Nat jc Cgvd�t
Teresa Espinoza
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Teresa Espinoza; 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 LAND AND SEAL OF OFFICE on the ILI.f"day of
` 2 C 2021.
MOLLY KUHN Notary a fi , State of Texas
Notary.ID#125727481
My Commission Expires �� '
�rFOF S4'} June 29,2022 FO
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APPROVED AS TO FORM:
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Att ey for Teresa Espinoza -
onald P. GAAWe s irdty smst y
EXECUTED this day of �f So 2021.
CITY OF FORT WORTH
By:
Jesus"Jay" Chapa
Deputy City Manager
RELEASE AND COVENANT`NOT TO SUE AGE8
OFFICIAL RECORu
CITY SECREURY
FT. 1NOR r T,(
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned Notary Public, personally appeared Jesus "Jay"
Chapa, a.person whose identity,is known tome, and acknowledged to me that he is the
Deputy City Manager for.the City of Fort Worth;that he is duly authorized to execute this
Agreement; and that he 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 SEAT, OF OFFICE on the I(P*"day of
2021'.
&Oku�bWfic, S�tate of Texas
APPROVED AS TO FORM:
V
tVn Qo�PFYPG�(� NICOLE MCKENZIE
AttoF
Fort Worth _N �1 _Notary Public, State of Texas
9l/V,+Pc Comm. Expires 05-23-2022
Notary ID 131580323
RELEASE AND COVENANT NOT TO SUE
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