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22-16022-160ORDINANCE NO. AN ORDINANCE APPROVING A SETTLEMENT AGREEMENT AND RELEASEIMPLEMENTING THE TERMS OF THE SETTLEMENT IN LITIGATION STYLED “LATERRIA TYNDELL v. CITY OF DENTON AND THOMAS DEIMLER.“ CAUSE NO. m-9497-393, PENDING IN THE 393RD JUDICIAL DISTRICT COURT, DENTON COUNTY,TEXAS; AND DIRECTING THE CITY MANAGER OR DESIGNEE AND THE CITY’SATTORNEYS TO EFFECTUATE AS NECESSARY AND APPROPRIATE THE TERMS OF ASETTLEMENT AGREEMENT AND RELEASE TO EFFECTUATE THIS APPROVAL; ANDDECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council hereby ratifies and approves the proposed settlement of litigation styled “Laterria TyndeU v. City of Denton and Thomas Deimler, ” Cause No. 20-9497- 393, pending in the 393'd Judicial District Court, Denton County, Texas, under terms set forth in the attached Settlement Agreement and Release. SECTION 2. The City Manager or designee and the City’s Attorneys are hereby authorized to act on the City’s behalf in approving and executing any and all documents necessary or appropriate to effectuate the terms of the settlement, and to take other actions necessary to finalize the settlement. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. s e c o n d eT:yIrIUsE : W= r E) o r d i n a n c e vv a s Ir1cI a T : : i: tr: iI== \:hIhand app r o U by the following vote [L - (’) ] : Aye / Nay Abstain Absent Mayor Gerard Hudspeth, Vicki Byrd, District 1 :AZ Z vr Brian Beck. District 2: Jesse Davis. District 3 : Alison Maguire, District 4:V‘ \/ / Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the 'ZgW\day of January, 2022. EN ATTEST: ROSA RIOS, CITY SECRETARY At\t 111111 f Deputy CitySewtW APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY EXHIBIT “ A” Settlement Agreement and Release CAUSE NO. 269497.393 LATERRIATYNDELL $ S ! S g $ § g S 6 DI THE DISTRICT COURT Plaintia, VS.DENTON COUNIY, TD(AS CRY OF DENTON (OWIm)andTHOMAS DIEMLER (Driver) lkfmdant3,393RD JUDICIAL D]sTRlcr coMPROhnsE SErrLE&BENT AGREEMENT AND RELEASE OF CLAnvis BACKGROUND PhintiaLatenia Tyndcll (“Plaintie) claims money damagu against the city of Denton, Texas mIltOn” or 'City’) for the incidents alleged in this l8wsuit. Released Parties deny any HabiKty. The partinduin to settle all manus to avoid the irnonvenicnoc and expense oflitig8tionmd to buy accord. AGREEMENT Definition 1. 2. 3. “Agreement? mans this Compromise Settlement aId Relnse of Claims. 'CouP mas the 393d Judicial District Court oflhnton Cowrty, Texas. “Incident” or 'lncidents” nuns the saHa of events involving the Partiu occurdng on oralnut Novmbcr 25, 2019, in Denton, Texas, descritnd or referenced in the Lawsuit as tags for any and all claims assettod thaei& 4. 5. 6. 1- 'Lawsuit? nuns the action tmHng the style and cause numtnr shown atx)ve and the conhats of the p©tia’ live pleadings. "Partin” mans Laerria Tyndall, and City of Denton, Texas. 'TlaintiP mms the natural pawn presently known as L8taHa Tyndell (date of birth SSN # XXX-XXU, undu that name and any Nor or subsequent names. “lblused Parties” mans City of lhIlton, Texas and all of their respective past, present, and Altureomcial3, of6ars, shareholders, principals, employees, independent conaactors, qIlents, attorney$ ]e8al reprucntattves, pndwwsors, successors, assigns, inswers, risk pools, and all persons, Elms, and corwmtions in privity with the City of Denton, Texas, even if hose persons or entities are not specifically narn6d in this Agreement. However, for dIe United purposes of provisions of this Agreement rdating to signatures, delivery, ConpromBe Settlanut A&nement end Relcan oI ChIng (Tyndell, L•tenia)Page 1 of 9 and/oraodce, this term shan tBQonsUued as to mun only those persons and aIHde3 naaredas de&ndants in tIn lawsuit. Release of ChIng and DlscharB& 8.In eowidemtion for the payment desuRM in Paragraph 10 of this AgMnmt, Plaintia benby conpletely nIe8sa and forever discharges and acquits the R£lea3ed Parti@ eOIn, and gEnes that ths SIm so paid shall te in full and final satisfaction ald compromise ot all udons, eaugw of action, cl8ims (including subro8aHon claims, cIRinbq fbr coatHtnRioa or iadmnity a3 to money paid inoonn£ction with this setthnaR) and demands, on aocorut of, in wtumMon with, or in any way growing out of or nlating to any and all negligence, inteatioDal misconduct,ntaHatioa, violation of any st8te or federal statues or codes, breach of atv duty of good faith and fair dnting, datE, personal illwies, physical or martal inpairmar\ all imidmts and contact with any City of lkntoa employee (or o£ncial or nprwmtztiw), dulrage to reputation, pain and suaering, Mel tnrewemmt, loss of eowortium, loss of oompuionship, damage to familial relationship, natal anguish, pgyclic injury, huailiation, and emotional stress, dis6gw€rueat, loss ofcFraHty of life, loss of um® cqwity, loss oftnae6ts, loss ofrctirtmenl loss of household servien, loss of wages, loss of bak wage& loss of seniority, loss of ptDmotionaI opporttIni6es, loss of pm6ts, loss of money, damage to property, taking of proBIty, attorneys' fees, court costs, pro and inst.judgment intensE and all other muses of action and daauges whethu known or unknown past, present, and future, and whether h£Ivtofore asserted or not, owned or poswssed by PlaintiaaB&inst ally of said Released PaRiu growing out of said incidents or this =ttlenent; or any evaR which occurred prior to the date of this settlement PlaintiR fudhn assi8u all of the rights and rmedies nlused in this paragraph or arising 6on the Incidmt to the City of Denton, Texas, jointly and severally. a.PlaintiRnprumts and wuraats that she has not agained or aarwfened any right, title or interest to any claims, dmands, ac6ons, or causes of action reI%sed hneby to any BIson, Elm or bUSkIng entity. b.PlaintiRuIHerstands and agnes that the amount pid undn this agrvemmt is full satisfaction of all injuries and damages arising on accotmt of the above4escrilnd weIRs and that she will nave no further sums of money then6om. It is exlrressly undaskx>d and agreed that Plaintia has already paid (or will IHOlve out of the Setameat Paynm) all pnpcdy darnages, all medical, doctors' and hospital charges rneived in the past or to b incwnd in the future and all child support and family lieu Plaintia ard her attomws hereby acknowledge and agrce it is theh rwpongbility to ensrae the satisfaction of all lien claims, including but not limited to workus compenudoa, Medicare, Medicaid, hospital, medical provida, and Inalth inswaace Hms, and child wpp©R and family liens 61)m the scttlemmt Rrnds. Plaintia agrees to not assert or pnwcute in any forum any further complaints, clninn, or lawsuits tbaefor against anyone whomsoever in relation to dIe Incident(3), wheelnor not haein or otherwise named, described or idaltifred. CompromIse Settlemeat Agreement and Rele8se oI ClaIms (Tyndell, L8terda)Page 2 of 9 C©Plahda belay represents and warrants to the Released Parties md to the Court that no pomises, @reseatations or agreements not set out herein have Inn made to hq that this Compn)min Settlement and Range of All Cldars is ocewted without nlianae upon any statement or npteseatation of any person or parties nlnsod or their repramta6vu, oon£emin8 the nature and extent of the injuHa, daanga arId/or legal liability therefor, that aweptance of the aondda86on set forth herein is a fUll umM and satisfaction of a disputed claim for which liability is uptessly denied md that this Compromise Settlement and Release of All Claims is made of his own he will and 8acord aRu consulting with and acting upon thealvin of this 8ttomcy. d.PlaintiRundaMA this scttlmeDt is in compnrmise ofa doubtful and disputed claim, and that the p8ymeat is not to tn construed as an adrniwion of liability on the part of the persons or mtida hereby nlmsed, by each of whom liability is haeby upnssly denied. ee Phinti8 undenbnds that this is an unconditional, tmquali6ed rel use, and also includes all claim$, attorneys’ fws or odnr apcnw incurred by or on tnbalf of the undersigned in connntion with the filing and prosecution of the dx)v& mentioned lawsuit, including taxable court costs. 9.All ofPlaintiBs nlusa in this Apeemmt are made on tnhaif of herself, hu estate, md her respective past, pres@ and future afEli8tu, insured% a8ats, principals, s©vants, legal nprwcahtives, employees, predecessors, succw30rs, attorneys, assigns, bars, innaerb arId all persons, films, or corporations in privity with any of them, even if those pusons or mtida are not spni6ca]ly named in this Agreement. Payment 10.Denton must pay SIS,500.M nfened to as the “Settlanent Payment” . in the form of a clback in the amount of SIS,500 to Laterria Tyndell, and must deliver settlement payment to the oHa of Montgomery law, PLLC mlaintiRs Counwl’), 2777 North Stenrmons Frwway, Suite 1525, Dallas, Twas 75207 - within thI% weeks of receipt of the original fully executed Agreement to the once of the City Attorney, 215 E. McKinney, Dalton, Texas 76201. To tn considered fully exewted, the ABr,ement must tn signed and dated by Plaintifftnfon a notary public and signed by Plaintiffs legal counsel, and sined by the Released PaRia aRm formal City Council approval. PlaintiPs Counsel shall promptly provide Rele8ud Parties with notice con6nlang receipt of the Settlement Payment ontnhalfofPlaintiaaad dularing the exact amount received. Dismbsal wIth Pnjudia& 11.Plaintiawill file a vohmtary dimissal or nonsuit, with prejudice, her lawsuit nwrinstthe City oflknton, Laterria TyndeU v. City of Denton, DC-2 G9497-393 (393rd Judicid District, Denton Co\nty), within seven (7) businus days following receipt of payment Other Payments, Costs, and Erpen3n. CompromIse Settlement Alnenent and Rele•se of ClaIms (Tyndell, Latenb)Page 3 of 9 12.Except for the setdmeat payment, R£laased Pardes ue not obligated to make any othn paytnents and the Parties must bar their own court costs, attorney fees, and alg other expeases inwrnd in the Lawsuit or relating to the Incident. Warnatlu 13.PlaintiRwauant3 that: & b. C. she has fUll wncity and authority to exa;ute the A8memenB auK for m 83&ignmmt desaibed in the Agnernent, she has not a3sigrred or bangfand any rights or olairns for damages that she is reIusing inthi3ABrucment; accept as desaibed in Paragraph 118tx)ve, thue are no outstanding or unpaid - in whole or h part - subrog8tioa claims, including without limitation medical submg8doa claiars that relate in any way to the h£idents alleged in the lawsIHt;and i. 1:hm are no liens - equitable, common-law, or statutory – that nlate in any way to the Incidents alleged in the lawsuit, including without limitation hospital liens, medical, MedicarVMedicaid or other liens, at rnedic81 insurura subrog8tion claims wtidh have 8Uuhed or could attach to any consideration given in this Agrwment, or which could form th buis of any claim or penalty against the Released Parties; or ii. Plaintiahas obtained - and filed with the proper ofBa(g) - a full and 6nal nluse of any liens - equitable, aommon-law, or statutory - including without limitation hospital linK which have attached or could attach to any consideration given in this Agrnmm\ or which could form the basis of any claim or penaltyagainst the Relasod PaRiu. iii. PlaiadRnpnsentsand warrants that she has notnceived Medicare beae6ts for any nalinI beatmalt, including beatment for my work injuries, as a rwult of the Incident; that she does not cwnntIy have pending an application for Medicare tnae6ts; that she don not intend to apply for Mcdiwc tnnefits within the next thirty months; that she wdentands that if she does apply for Medicare tnneats within the next thirty months and submits bills forUeatmmt of any alleged injuies aHdng eon the Incident, that these bills may tn denied by Medicare. Plahtiarepnsmts and warrants that the purpose of this Compromise Sett]emmt and Reluse of All Claims is not to shiftr%poasibility for payment of medical expetse3resulting &on the alleged injuries to Medicne. Plainda undastards hat Denton and the Released Paniu have relied upon this information in consideration of aresettlement ofplaintiRs claims. d.It is expressly warranted that Plaintia has paid, or out of said sun, will pay or satjg&, any outstanding liens, any liens under the Twas Family Code, child support and family lierls, hospital liens, claims, media] insurance subroga6on clainup ConprombeSettlemut Agreement end Rele&se of ClaIms (Tyndell, Latenl8)Page 4 o19 property damage gubrogadon claims, 8Rorney liens, and subm88tioa interests of any nabae, past, pImab and future arising out of or relating to the Irxidcnt. ee Plainda expressly atte3t3 ald warrants that no member of her family has SIrEbred aay psychological injury, maltaI anguish and/or damage to tIn familial nl8tionsW as a result of the events in CFregdon or as a result ofPldatifPs alleged daar88u aig injuia. Plainti# 881883 to defard, hold barmlm arId indanni& the R£leand Parties 61in the payment, and for the defense, including, nparses aDd reasonable attorneys’ fen, of any and all such claims for loss of consortium, psychic injwy, mental anguish and/or daraage to the farnilial relationship. Indemnify. 14.In this Agre€mu& “indemnify" nuns the duty to fully and immedialeV reimburse Released Parties for that Released Parties’ : 8.costs of court, attorney fca, and any other cxpensa incurred in any type of legal defenn; b.costs of court, attorney fns, and any other expenses incurred in enforcing or attmptitrg to alfone any of this Agmrnent’s indannity provisions; C+obligation, debt, payrnen\ setUemen\ or judgment 15.PlaintiB agrees to indemnify and hold harmless Releasd Pardes in coanecdon with any claims, countarJaia\ proceedin& demand, lawsuit, action, or cause of action that: &nlated in any way to the Incidents alleged in this lawsuit and is brought by or ODtnhalf of: ie Plaintiff, Plaintiffs estate, and/or Plaint iRs heirs or assigns; iia any person, orBaniation, or entity asserting or attanpting to assert a lien - equitable, common.law, or satIRory – against the Released Parties; or iii.any person, orBanization, or entity asserting or attempting to assert a subm8ation claim against the Released Parties; b.is not brought by or on tnhalf of the Released Parties and contains allegations orst8ternnts that in any way conflict with any of the PlaintifFs warranties in this Agrwrnent; C. d. is brought by or on tnhalfof the Relnsed Partia to enforce any of this Agreement’s indmnity provisions; is brought tv or on tnhalf of any 8ovemment or taxing entity asserting a tax obligation, intent, penalty or other obligation arising from p8ymart of theSettlement PIweeds; or Compremln Sett}enmtAgMnment and Release of ClaIms Qyndell, Latenla)Page 5 of 9 ee is brought by or on tnhalf of any governmental entity seeking nimbunetnmt of paid monetary tnne6t3 for which PIaintiR might b daermined ineligible as a oowcqumce of either the Incident or this settlement LimIted Con6dentl8ltty. 16.Phintia, joined by hu attorneys, badly and a8mts, warrants that the tenrIS of this settlmrnt shall tnkQteoa6dm6ally by thu, exapt that the rnHtu wu resolved without any 6nding of wrongdoing by the Rdcand Par6a. The uadeni8ned aBIn that said persons alan not talk discuss, nluge, publish or othuwi= make known to anyone, including npmcnbtivw of the prea new media, radio, telwidon, intenn\ minI media or otha persons with the purpose of dinlosue of the tang of this agnmmt, urdu nquind by a court of competent jurisdiction PJaindancoBni7a that Denton, is obligated to comply with the Tocas Public Information Act/Fex© Open Rwonls Act and/or Open Meetings Act, and may provide information about this settlement, consistent with those obligations. GovernIng Law and Vena& 17.In the case that a dispute should arise regarding the Agreement or any of its povisions, the Parties aW Out its terms and provisions are to be constnnd solely in accordance with the laws of the State of Texas, and that any lawsuit whitlb iavolva this Agrnar€at (directly or indirectly), or any provision of this Agreemart, may only & 61ed and Htigat£d in a courtof competent jwisdicdon in Denton County, Texas. Additional Docunut& 18.All Parties aW to empa8te fully axl execute any and all supplementary documents md to take all additional actions which may be necessary or q>propriate to give full force and efFect to the basic talIIS and intent of this Agreement This agreement may & executed in multiple couat£rpns, with rwH)duced sigmtwe pages attached as necessary to evidence qmul. Scanned or pho&xx)pied mliia of this docwnmt shall be regarded as duplicate origiml£ Full copies of this Agreem wt and all signature pa8a shall be delivered to all Putin through their respective legal counwI. Eutin Agnearent and Sumson hr Interest 19.The Agreannt contains the entire agreement and undnstanding tntween the Parties, js contractual and not mle rnital, and shall in binding upon and inurc to dre bene6t of the Putin. This Agmmmt mIdas any incondstmt prior a©ecments and tuIdcrstandin8,s twtweea tIn Pntiu void. The Parties do not intend any third.party bene6ciuies of this Agreement (save aud wart those described in the definition of Released Pardes above) and no BIson or atity other than Plaintiff sMI tn capable of demanding prfonnurce of any obligation set forth herein &on the City of Denton or of claiming my damagesthere6om arising &on this Agreement Advice of Counsel CompromIse Settlemeat Agreement 8nd Relun ofCl•ims (Tyndcll L8tenl8)Page 6 of 9 20.The Pwtiw have had the ©sis%nw and advice of independent legal counsel throughout the negotiations leadirrg to the ABrwuut, and they have read the Agreement and consulted with theh nspeaive wrmsel n8ardin8 the mnniag arxl cffnt of the Agnment. The A8temmt bas bea jointly drafted and is not meant to tn more strictly construed against one Party than mother. 21.Plaintiff npments that she has relied upon the advice of her ind€pendmt 1688] counsel concerrring the legal and income tax consaFreace3 of this Agrwrnmt and that the tung of this Agreement en ABly urHaytood and voluntarily accepted by her. EfFectiveness. 22.This Agmtnmt shall become caec6w immediately following oce6udon by each of the Parties. All provisions which do not Made an express date forlnrformance by a Party are intended to b p€tTwtual- Inaction of a Party reB8rding any breach of this Agreement shaH not tn construed as waiver or nluse of another Party's rights to dernard pelforMce or seek d8rnqw, ngudless as to whether such inaction is dclitnmte or inadvertent, nor shall any suelb inaction with asHa to an individual event of breach constitute any waivn of an agdwed Party’s right to pursue enforcement or damaga with respect to any other eventofbreach Modifications. 23.The AWunent cannot be changed or tarninated except by a subsequent agreement in writing that is signed by all the Parties. Invalid Provision& 24.If anY PartY of this AWaIt is for any reason found to be invalid, illegal, or unalfonmble, all other parts nevertheless remain valid, legal, and enforceable. Headinp. 25.lbelmdin© totlnprovisians of the Agreement ale solely for the convenieaee ofrefueac€ and are not to b construed as terms of this Agreement. No Other Repruent86on£ 26.Other than the written npnsent8dons made in this Agreement, there we no other rWntadons related to the Agrumart and the Parties do not rely on any othn npresenta6ons ia executing this Agreement Node& 28.Releand Partia can s8ds8 any notice or delivery nquinmaH of dHs Agxeement though PlaintifFs Counsel, unJws and until Plaintiff provides written notice of a new desig,nee for CompromIse Settkmcnt Agreement •nd Rda&se of Claims ayndell, Laterria)Page 7 of 9 notiu to Plaintia in a signed and nohrized document delivered to all Released Parties. Plaintia nn satisfy any notice requirement arising 6on this Agreement through legal aounsel for the Released Parties or their respective desi8nou. After this Agreernarrt tn:ona eEecdve, if any of the Parties tncomes aware that any claim, di8putq, or other pxxnedin8 nlating to the hrcideat or this Agreement is bing alleged or unIted tv ally thild party against one or more other Putin, they shall use reasonable efforts to provide notice of sme to tIn othu Parties as soon as pt8ctiablc. Date ofSigMMe: \ 13 /it BEFORE ME, the undersigned authority, on this day pasomlly appeared L8tariaTyadell, who is known to me to be the person whose name is subscribed to the foregoing ingtrummt, whois pwomDJF known by me or by pmvidiw u quaWngidentification UNDER MY HAND 2021 AND SEAL OF OFFICE Tins -2 DAY OF I, the urBlmignal attorney for PlaindaLaterria Tyndcll do hneby certify that LataHa Tyndall has stxted to me that she has Ind each and every word of the foregoing instnuneat md that she urdastands its contents arM e6ect; and as PlaintiPs 8ttomey, I approve the settlemnt entered into. Mornver, 1 rmgnin and acknowledge that the negotiated language contained within Paragralir 12 placa af6nrntive obligations upon me as an individual to act in trust in carTying out the obligations in that paragraph. O J Attorney for PlaintifTLaterria Tyndell crrY OF DENrON, TD(ASSIGNATURE: Compnmbt SettIemmt dqnement and ReInse ofCI•lms (Twddl, Laterria)Page 8 of 9 CW OF DENION. TEXASSIGNATURE: Da,,fSign Wwe: /- Y–Z?–SARA FENSLEY.crrY MANAGER On tBhalf of the City 8T6Gnton. Texas Per delegated authority BEFORE ME the undcnignd authority, on this day personally appeared Sara Hensley, known to me to be the person whose name is subscribed to the foregoing instrument, who is personally known to me or by providing as quaIiBring idcati6cHtion. GUN UNDER MY HAND AND SEAL OF OFFICE TIns Z©DAY OF TRACYRHOLT W WHy tO # 133161724Wu in at. Has a#mTv APPROVED AS TO LEGAL FORMMACK REINW AND. crrY ATrORNEY Caleb Garda Coupronbe Setdmmt Agremeot 8nd Helen of ClaIms (Tyudell, latenta)P•Ie 9 of 9