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HomeMy WebLinkAbout065783 - Settlements - Contract - Jesus S. RiveraCSC No. 65783 CAUSE NO. 236-364416-25 JESUS S. RIVERA, § IN THE DISTRICT COURT Plaintiff, § v. § § 236th JUDICIAL DISTRICT H & H CONCRETE ON DEMAND, INC., § WILLIAM JOSEPH HAVERKAMP AND § CITY OF FORT WORTH, TEXAS, § Defendants. § TARRANT COUNTY, TEXAS COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS I. RECITALS WHEREAS, Jesus S. Rivera, Plaintiff in the above -entitled and numbered cause ("Plaintiff"), alleges that on or about October 4, 2024, he received personal injuries in an automobile accident on the northbound service road of I35W in Fort Worth, Texas, when the vehicle Plaintiff was operating struck a vehicle operated by William Joseph Haverkamp while Haverkamp was in the course of his employment with H&H Concrete On Demand ("H&H"). WHEREAS, Plaintiff, further alleges that the negligence of the City of Fort Worth ("City" or "Defendant"), by way of its employee allegedly directing the movement of the H&H vehicle, and other acts of negligence, proximately caused the above -described accident; WHEREAS, as a result of such accident, injuries and damages allegedly suffered by Plaintiff, suit was filed against the City, William Joseph Haverkamp, and H&H in the above - entitled and numbered cause, reference being made to the pleadings on file in said cause for a more full and complete description of Plaintiffs claims and causes of action; WHEREAS, Plaintiff has offered to compromise and settle all claims and causes of action of any kind other than property damage which he may have against the City, its agents, enipioyees, workers and representatives, and all others connected with or in privity with the City, arising out of or connected in any way with the above described accident in consideration of payment by the City to Plaintiff and his attorney, Ward Law Firm, the sum of Five Thousand and no/1 00 Dollars ($5,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of the accident described above and Plaintiffs alleged injuries; and WHEREAS, even though the City denies any liability of any kind on account of the alleged incident made the subject of Plaintiffs suit, the City has agreed to the payment terms described above in compromise and settlement of the disputed claims and in order to avoid further time consuming and costly litigation. Compromise Settlement Agreement and Release of All Claims OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 5 II. TERMS NOW, THEREFORE, in consideration of the recitals set forth above, the mutual promises and agreements made herein, and other valuable consideration, the receipt and sufficiency of which is acknowledged, the City and Plaintiff agree that: 1. Plaintiff for and in consideration of payment by the City of Fort Worth to Plaintiff and his attorney, Ward Law Firm, the sum of the sum of Five Thousand and no/100 Dollars ($5,000.00) in full and final settlement of all claims against the City, its agents, employees, workers or representatives, arising out of Plaintiffs alleged injuries, and the receipt and sufficiency of such consideration being hereby acknowledged and confessed by Plaintiff, does for himself, his representatives, successors and assigns, unconditionally release, acquit and forever discharge the City of Fort Worth, and its agents, employees, workers and representatives, and all others connected with or in privity with the City of Fort Worth, of and from any and all claims of every kind, character or nature which said Plaintiff might assert by reason of the above described incident together with all claims heretofore asserted in Cause No. 236-364416-25, in the 236th District Court, Tarrant County, Texas, including claims for physical pain and suffering (past and future), medical expenses (past and future), physical impairment (past and future), and any other kind, character or nature of damage related to personal injury or breach of contract which could or might be the subject of a claim by his arising from the incident hereinabove described. The parties hereto intend that all sums set forth herein constitute damages on account of personal injuries or sickness, within the meaning of Section 104(a)(2) of the Internal Revenue Code of 1986, as amended. 2. In consideration of the payment described above, Plaintiff agrees to indemnify and forever hold harmless and defend the City of Fort Worth, and all agents, employees, workers and representatives of the City of Fort Worth, and all others connected with or in privity with the City of Fort Worth, its heirs, representatives, successors and assigns, from any and all claims or causes of action, including any costs or expenses in connection therewith, which may hereafter be brought by Plaintiff or by anyone on his behalf, arising out of the above described incident. 3. For the same consideration, Plaintiff declares and warrants that all medical, hospital, and/or other expenses of any and every nature and character whatsoever incurred by him, or on his behalf, or in any way pertaining to or arising out of the injury that allegedly occurred on or about October 4, 2024, made the basis of this litigation, have been or will be paid or compromised by Plaintiff, and Plaintiff hereby agrees to defend, indemnify and hold harmless City 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 NONE OF THE MEDICAL BILLS OF PLAINTIFF HAVE BEEN PAID BY MEDICARE, MEDICAID OR BY ANY OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY. IF PLAINTIFF IS MISTAKEN IN THIS REGARD AND MEDICARE, MEDICAID OR SOME OTHER GOVERNMENTAL OR QUASI -GOVERNMENTAL AGENCY HAS PAID ANY BILLS, WHATSOEVER, PLAINTIFF WILL FULLY SATISFY ANY CLAIM EVER ASSERTED BY MEDICARE, MEDICAID OR OTHER Compromise Settlement Agreement and Release of All Claims Page 2 of 5 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. IT IS THE INTENTION OF THE PARTIES THAT PLAINTIFF SHALL FULLY 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 SUBROGATION CLAIM EVER ASSERTED AGAINS THE CITY AS A RESULT OF PLAINTIFF'S ALLEGED INJURIES BUT THIS INDEMNITY AGREEMENT EXCLUDES CLAIMS BETWEEN THE CO-DEFENDANTS IN THIS LAWSAUIT. THE BARGAINED FOR CONSIDERATION FOR ALL INDEMNITY PROVISIONS CONTAINED IN THIS COMPROMISE SETTLEMENT AGREEMENT IS $100.00 OF THE TOTAL CONSIDERATION PAID AND DESCRIBED ABOVE. THE DEFENDANTS, RELEASED PARTIES, AND ANYONE CLAIMING UNDER ANY INDEMNITY AGREEMENT (HEREINAFTER "THE CLAIMING PARTY") CONTAINED IN THIS DOCUMENT AGREE TO NOTIFY PLAINTIFF OF ANY CLAIM WHICH MIGHT TRIGGER THE INDEMNITY PROVISIONS HEREIN, PRIOR TO "THE CLAIMING PARTY" ACTUALLY INCURRING ANY COST, EXPENSE OR FEE IN ORDER TO ALLOW PLAINTIFF TIME TO RESOLVE SAID CLAIM WITHOUT THE NECESSITY OF "THE CLAIMING PARTY" INCURRING ANY COST, FEES OR EXPENSES. BY ENTERING THESE INDEMNITY AGREEMENTS THE PLAINTIFF DOES NOT WAIVE AND SPECIFICALLY RETAINS ANY AND ALL DEFENSES WHICH MIGHT BE AVAILABLE TO HER IN ORDER TO AVOID ANY POTENTIAL INDEMNITY TRIGGERING CLAIM. 4. Taxes. The Parties will report, as may be required by law, their respective payments and receipt of the amounts described herein. Plaintiff and his attorney acknowledge and agree that: (1) the City and its counsel have made no representations to Plaintiff or his counsel regarding the tax consequences of the payments made to him or to his attorney under this Agreement; and (2) Plaintiff and his attorney are ultimately responsible for determining the taxability of any of the payments made to Plaintiff and his attorney 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. 5. The release of claims contained herein is given with full knowledge of all parties to the referenced suit that there is a dispute on the part of the City regarding whether or not it is liable for any damages alleged in the above -entitled and numbered cause. It is also understood and agreed that this settlement is in compromise of disputed claims and that the payment made hereunder is not to be construed as admission of liability on the part of the City of Fort Worth, and, in fact, City denies liability for the above -described accident, if any, and intends, by this settlement, merely to buy its peace. Plaintiff acknowledges that he and his attorney, Rick Ward, are the only parties entitled to the proceeds of this settlement and agrees to defend and indemnify the City of Fort Worth and all persons or entities connected with the City of Fort Worth against any person or entity who claims to be entitled to the proceeds of this settlement. Compromise Settlement Agreement and Release of All Claims Page 3 of 5 7. It is understood and agreed that all taxable court costs will be paid by the party incurring same. 8. 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. 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. 9. Plaintiff represents and acknowledges that this Compromise Settlement Agreement and Release of All Claims has been read in its entirety before signing and that it has been fully explained, in detail, to him by his attorney and that it is fully understood. 10. By his signature hereto Plaintiff, represents and declares that he is more than eighteen (18) years of age and is fully competent to enter into this Compromise Settlement Agreement and Release of All Claims, that the representations, declarations and agreements herein are accurate, binding, and are contractual in nature and that no representation or agreement not herein expressed has been made to him as inducement to enter into this Compromise Settlement Agreement and Release of All Claims. 11. 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. 12. This Agreement is the product of arm's -length negotiations between the Parties, and no Party shall be deemed to be the drafter of any 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. This agreement should be effective as of the date the last party signature is affixed hereto as indicated by the dates set forth below. o e6 Ub �Ivcek JESUS S. RIVERA, Plaintiff Date: Compromise Settlement Agreement and Release of All Claims Page 4 of 5 Signature: AM101k - Dianna Giordano (Aug 31, 2026 16:42:12 CDT) Email: dianna.giordano@fortworthtexas.gov STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared JESUS S. RIVERA, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as his free act and deed for purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Jflh day of 1vc1 , 2026. NICOLE PARRIS :, % Notary Public, State of Texas Comm. Expires 06-12-2030 Notary ID 133768129 APP Attorney for Plaintiff Rick Ward Ward Law Finn CITY OF FORT WORTH: APPROVED: Dianna Giordano Assistant City Manager CITY OF FORT WORTH APPROVED: Attorney or Defendant, City of Fort Worth Harvey L. Frye Jr. Sr. Assistant City Attorney Compromise Settlement Agreement and Release of All Claims Notary Public in and for the State of Texas Date: Da,< -08/31 /2026 Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 5 of 5 FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Jesus S. Rivera Subject of the Agreement: Jesus S. Rivera v. H & H Concrete on Demand, Inc., William Joseph Haverkamp and City of Fort Worth, Texas M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No II If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No 0 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: 09/01/26 If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes ❑ No lI *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. N/A *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.