HomeMy WebLinkAboutContract 63032City Secretary 63032
Contract No
1,1 f ID , " J9►I 4I II 1r" # td r ®1� . LLT#M CUUM OWT
ASN"alOVldtid.of
3.
WOM
9
Esadti T-ARRAMMUEYw7E.
Wmilo M Sh
ISE mb . MAGMUMAND-RELWk,"OFALL
the woMalpmMim and a -ado ire sad
dada®r _ a�rIc�c�v�'r
City of v'm_'iv "P City) l y k 1 dunH ► vnd As' ` 'r'l&d
act. Ji�.�ka �i� �. �Y �! �'r�t �i �►� � Ptp��#� ii. t�:,sum":ot
�1p4.�a,.
use dr is asdewalby the I., urn: i� ml
Altiggy ftin, 2,00 nWdate v46. c ur a _ ea
Mang 10.20.
fin ed �fi Wes' til t fi*l"
wA 'Cw Aim '� � p , t i _bW.
=ef, �? 3Jw am ago to
tD %it% dl* r h4DWl d ri ie� lE i � as iIQ
y aR o "I ' dam. 0"
iflit
3. Tam the =sip,- :caderioq ! _4: Am*.
; y' OFFICIAL RECQRD
AI' _ qi5 u`�i4ta�.fruatlr.q�t CITY SECRETARY
FT. WORTH, TX
tpdivldu&Uy and As m1cvr. In does
talc ,. pwt=mod:itot a cli�rge cy"d-A tcr igrOge
(�iR`.1'�1t;�1,>R1ta:4l,
+acisai+s, 'tspgsrof'' larm
�►mi any: : aI' cl..`leitiat a�:::fce .+dui,
afa eaieic � �-lrcii i��. - _
dew_ a�
ryes :a a�tia , b Pialfiii'itd i `sy a�e�t;::aiicer=acii
as.at fbl: t:hN, ctrtia�.
tort':
a1► dui: .ice ' . ` P�iii' :: id1'att, tt h
. irdOm
tw
her 210ift
�` �. �-or Y
rz t�s g14im e. 6esw i #f t � tut:af0fiit
.ndy tir. waasd anW,.tom Vie. is;:. Tip
�ur�di�n n� a �i�af ��ie. �[inar �mi�i#�. ::��-:c��:ty,;ae�h►�nr
b l+is dry clerni cir: c c:o�'�' as by,-r at;-tb gti-:tk_ l m" iht�'°'sue 8
cu isla}x�sg"'yUn`sms ; rorr�{}� t�1iij i Ei�pr"i�t (fit"asu�<':$��t��niy��tl�
'Y4!�!�'��-7e:r.rr':'�^"'�•;'._".`^�'�"i.fw"k.ewf�►.�iwiHa#:%�l�A�-.�la�l!
ia�btA,*,i*-9FId*' ul pwtitr::04*,
7. . I lrcr- k- W.cityAml; :.
tsuati�!►.' st�c�:1z �et�oi� itt�t�.tt
aot arp omitsY +` v+d: inCIA
lip
ao,' tirr':a a't»: eta fit` st3 :pity at
Fit •,8 W -tom
..
un it = zd:
cause oc u aLii_n`;E t .
act:c,�-vtte�-tc#�d"drt"try;:�N:�t:�►fiit�;�-.h1��geaa►.
Cu�3�.lA•rRrJdq�aNt%ltia ' N�ala��
IL jUj psupoe of_Ombt ad
Jbit W
ill 116
nd
IN -C It MGM
01"
00* W
41
"by
a . t Oni
W'W Oct
Wawsad--my mm ommu- 411A
qx V
I MI
y sm vhtlol
..die
cry atc4,
or m
106-C
bu
°or any . ..... .1 7v 0 sr
-Oft_
4; 0o
Jot -
Ito"
,WAT WNW MCA491
F q7
OR. QV
Do,
ME RT A
. . . . . . . . . . .
A
AND
Ail Aq-
ENTM W1 OR
CLAM-t
PLAWn M 8
A,
"BY -
AL -WANCURRED, _P
VM;', OR
Pit
Nam'[I*, fox
'd cnfwcW'4
ilhip� AM -
tow Dam to dbhv�
mccindidtWWW.-thi U-M of
Uft, 400
and:
llbe' Uwe. lcmK A.R.r` -l'ot _WW
P-M
Iwo M.-
��val a� aniitti,' +c[ c�f`sifAl
11=_s(ied.
iA. E.intr Autadti+iilart; K. Frl : nil
d acici •:t rai �e�tlitA:tsm�_1ati�
A�1�tha�b�a:i�idtarr�t'[r�_ .:b�for�:tl.;tlr�ti;ehel>r,�:i�ad;aaz�ap�i�oumis
644 rit-tar:l�gt# •. --
LINDSEY
iod
STATE-91r
::M,M60_ : r t04* Wit!► AY, qn .:phi: 4y" " ay.. 4
bilii
46ilgal:.tritivad3b�ci'rcoz
.w1Y .I:QT.�i�7ri!►w+w!a�clls.fi ww�►�as=wYi'W.1�F4Y.'
_[1N0.>�AY ROMAMV_OF'l3F�C�
L
CITE 01F a rr v tt;
MARYJANE SANTOS SALINAS
iPR1YE�i: =*: My Notary ID # 126168966
Expires July 3, 2027
► +p rrlrtnt�lj yew �an�fJi !04 VOW @!lei:Ufa
99y OFFORT W�R'fli.
APPROYM-
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
owl,-
CAUSE NO.2024-001835-1
LINDSEY ANDREWS, Individually and § IN THE COUNTY COURT
As Next of Friend of D.A., minor §
Plaintiffs, §
§ AT LAW NO. 1
V. §
CITY OF FORT WORTH, §
Defendant. § TARRANT COUNTY, TEXAS
I . 17
COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL
CLAIMS
For and in consideration of the mutual promises and agreements made herein, and
other valuable consideration, the receipt and sufficiency of which is acknowledged, the
City of Fort Worth (the City) and Lindsay Andrews, Individually and As Next Friend
of D.A., minor (Plaintiff) agree that:
1. Plaintiff agrees to release, settle,- compromise and discharge the City as set
out herein; the City agrees to pay to or on behalf of Minor Plaintiff, D.A., the sum of
$12,500.00. Payment of $12,500.00 will be deposited into the registry of the court or
otherwise disbursed as ordered by the court in full and final settlement of all claims against
the City, its agents, employees, officers and representatives, arising out of Plaintiff's
injuries that allegedly resulted from a certain accident which occurred on March 10, 2022.
2. In consideration of the terms and provisions of this settlement agreement and
release, as herein stated, Plaintiff agrees and does hereby release, acquit and forever
discharge the City of Fort Worth, and its agents, employees, officers and representatives,
in their official and individual capacities, including their successors and assigns, from any
and all claims, demands, suits, debts, promises, damages, judgments, executions,
guaranties or warranties whatsoever in law or in equity, actions and causes of action of
whatever kind and character whether in contract or in tort, known or unknown, presently
existing or which might ever accrue to Minor Plaintiff, D.A., arising out of or having to do
with the claims, causes of action or allegations described in Plaintiff's claims, as well as
from any other claims, demands, suits, debts, promises, damages, judgments, executions,
guaranties or warranties whatsoever which might arise as a result of any actions or conduct
of the City of Fort Worth.
3. For the same consideration as herein stated, Lindsay Andrews, Individually
Compromise SettlementAgreement and Release of All Claims Page 1 of 5
and As Next Friend of D.A., minor, in her representative capacity, does for the minor
Plaintiff, his heirs, executors, administrators, successors and assigns, hereby release, acquit
and forever discharge the City of Fort Worth, and its agents, employees, officers and
representatives, in their official and individual capacities, including their successors and
assigns, from any and all claims, demands, attorney's fees, penalties, actions and causes of
action of whatever kind and character, whether in contract or in tort, known or unknown,
presently existing or which may accrue in the future, arising out of a certain accident which
occurred on March 10, 2022.
4. This Release is intended to extinguish any and all debts, obligations or causes
of action existing between Plaintiff and the City concerning a certain accident which
occurred on March 10, 2022.
5. It is the intention of Plaintiff and the City that this release shall be effective
as a full and final accord and satisfaction and as a bar to all actions, causes of action, costs,
expenses, attorney's fees, damages, claims, and liabilities whatsoever, whether or not
known, suspected, claimed or concealed. Plaintiff expressly waives and relinquishes any
and all rights and benefits which Plaintiff may have under Texas and Federal statute or
common law principal, to the fullest extent that Plaintiff may lawfully waive such rights or
benefits pertaining to the release of claims against the City. In connection with such waiver
and relinquishment, Plaintiff acknowledges that she is aware that she may hereafter
discover claims, liens, or facts in addition to or different from those which she now knows
or believes to exist with respect to the subject matter of this release, but it is her intention
to fully, finally and forever settle and release all of the disputes and differences known or
unknown, suspected or unsuspected which do now exist, which may exist in the future, or
have existed between Plaintiff and the City arising out of or in connection with the released
claims.
6. Lindsay Andrews warrants and represents that she is the natural parent,
guardian and next friend of the Minor Plaintiff, D.A., and no other parry or entity owns or
holds any claim or cause of action by, for or through the minor Plaintiff regarding the
circumstances arising from the matters contained in this Release and Settlement
Agreement. Lindsay Andrews represents and testifies that this settlement and agreement
is in the best interest of the Minor Plaintiff, D.A.
7. Lindsay Andrews, in her representative capacity, does for the minor
Plaintiff D.A., and his successors, heirs, executors, administrators, representatives,
insurers, agents, and assigns, covenant and agree that she will not institute any suit or
action, or prosecute or in any manner voluntarily aid in the institution or prosecution of
any claim, demand, suit, action or cause of action, State or Federal, against the City of Fort
Worth, and its agents, employees, officers and representatives, in their official and
individual capacities, including their successors and assigns, with respect to any matter,
cause or thing whatsoever arising out of, based in whole or in part upon, relating to, or
Compromise Settlement Agreement and Release of All Claims Page 2 of 5
existing, by reason of the transaction, events, occurrences, acts, omissions or failures to
act, of whatever kind or character whatsoever, alleged or which could have been alleged,
in this litigation with regards to D.A.
8. The purpose of this Agreement is to accomplish the compromise and
settlement of disputed and contested claims, and nothing in this agreement shall be
construed as an admission by any party to this agreement of any liability of any kind to any
other party to this agreement. The City denies the allegations set out in the claim and
further denies the City is liable to Plaintiff in any respect whatsoever.
9. Lindsay Andrews, Individually and As Next Friend of D.A., minor,
declares and warrants that all medical, hospital, and/or other expenses of any and every
nature and character whatsoever incurred by Plaintiff D.A or on Plaintiff D.A.'s behalf,
or in any way pertaining to or arising out of the injury that allegedly occurred on March
10, 2022 made the basis of this claim, hav6 been or will be paid or compromised by
Plaintiff, and hereby agrees to defend, indemnify and hold harmless the City of Fort Worth
and any other person, corporation, association, partnership, or entity in privity with or
connected with them, as well as any person, corporation, association, partnership, or entity
they are or may be required to defend, indemnify, or hold harmless from and against any
claims for medical, hospital, and/or other claims and expenses of any and every nature,
including but not limited to, claims which may hereafter be made under the authority of
the Texas Hospital Lien Law or any other state or federal statute, rule, or regulation.
PLAINTIFF REPRESENTS THAT IF MEDICARE OR SOME OTHER
GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY HAS PAID ANY
BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM
EVER ASSERTED BY MEDICARE OR OTHER GOVERNMENTAL OR QUASI -
GOVERNMENTAL AGENCY FOR REIMBURSEMENT AND WILL DEFEND,
INDEMNIFY AND HOLD HARMLESS THE CITY OF FORT WORTH AND ANY
OTHER PERSON, CORPORATION, ASSOCIATION, PARTNERSHIP OR
ENTITY IN PRIVITY WITH OR CONNECTED WITH IT AGAINST ANY SUCH
CLAIM.
PLAINTIFF ALSO REPRESENTS THAT SHE WILL FULLY SATISFY
ALL LEGAL BILLS INCURRED BY PLAINTIFF, INDIVIDUALLY, OR AS NEXT
FRIEND OF D.A., MINOR, WITH ANY OTHER LAW FIRM OR ATTORNEY
WHO MAY BE OWED FEES RELATED TO THIS MATTER.
10. This Agreement shall be governed by, interpreted, and enforced in
accordance with the laws of the State of Texas applied to contracts made in Texas to be
wholly performed in Texas by Texas domiciliaries.
11. This Agreement shall constitute the complete expressions of the terms of the
settlement. All prior and contemporaneous agreements, representations, and negotiations
Compromise Settlement Agreement and Release of All Claims Page 3 of 5
are superseded.
12. If any provision of this Agreement is illegal or unenforceable, then that
provision shall be deemed stricken and all remaining provisions shall remain in force and
effect.
13. This Compromise Settlement Agreement and Release of All Claims may be
executed in a number of identical counterparts, each of which shall be deemed an original
for all purposes.
14. Lindsay Andrews, Individually and As Next Friend of D.A., minor,
represents and acknowledges that this Compromise Settlement Agreement and Release of
All Claims has been read in its entirety before signing and that she has had an opportunity
to have it be fully explained, in detail, to her by Plaintiff's attorney and that it is fully
understood.
This agreement should be effective as of the date the last party signature is affixed
hereto as indicated by the dates set forth below.
LINDSEY ANDREWS, Individually
and As Next Friend of D.A., minor,
Plaintiff
Date:
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
LINDSEY ANDREWS, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that she executed the same as her free act
and deed for purposes and consideration therein expressed.
2024.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
Notary Public in and for the State of Texas
Compromise Settlement Agreement and Release of All Claims Page 4 of 5
CITY OF FORT WORTH:
APPROVED:
Date:
Assistant City Manager
CITY OF FORT WORTH
APPROVED:
Date:
Attorney for Defendant, City of Fort Worth
Emily P. Hollenbeck
Sr. Assistant City Attorney
ATTEST:
Date:
Jannette S. Goodall, City Secretary
Compromise Settlement Agreement and Release of All Claims Page 5 of 5
CSQ ECT)
�' �{!'f v➢= mot.
Date: _ V q
To: Jannette Goodall
FOR YOUR CONVENIENCE
We are taking the liberty of forwarding the
attached information without a cover
letter in the belief that promptness may
be more important to you than formality.
Office of the City Attorney
THE CITY OF FORT WORTH
100 Fort Worth Trail
Fort Worth, Texas 76102
817.392.7600
By: Emilv P. Hollenbeck
Re: Settlement Agreement., Lindsey Andrews, et al v. City of
Fort Worth
Cause No. 2024-001835-1
Please siqn the attached where indicated and file as part of
the Citv Secretary's Official Record. Note that there are one-
(1) settlement agreements attached for filing. Thank you.
Please send me a copy here:
Jannet.alarcon(d�fortworthtexas.gov
Jannet Alarcon x 7634 THANK YOU!