HomeMy Public PortalAbout015-2013 - Approving Agreement and Authorizing City AttorneyBOARD OF PUBLIC WORKS AND SAFETY
CITY OF RICHMOND, INDIANA
RESOLUTION NO. 15- 2013
A RESOLUTION APPROVING AGREEMENT AND AUTHORIZING THE CITY
ATTORNEY TO SIGN A SETTLEMENT AGREEMENT AND MUTUAL
RELEASE ON BEHALF OF THE CITY OF RICHMOND, INDIANA
WHEREAS, Carol L. Ferguson, (Ferguson) filed a lawsuit against the City of
Richmond (City) on February 5, 2007, in Cause No. 89DO2- 0702 -CT-
002, and captioned "Carol L. Ferguson, Plaintiff, vs. The City of
Richmond, Indiana and The Principal Financial Group, Defendants," for
damages concerning the City's denial of her claim for health insurance
coverage for certain health matters of Ferguson; and
WHEREAS, Since the lawsuit, the Law Department of the City has researched the
factual and legal issues involved in Ferguson's lawsuit and, while the City
denes any liability to Ferguson arising out of her lawsuit, believes it is in
the best interests of the City to resolve the lawsuit for the sum of
$1,700.00 as full and complete settlement of all of Ferguson's claims
against City; and
WHEREAS, Since the lawsuit was filed, City and Ferguson have engaged in extensive
negotiations over the years in attempts at resolving said lawsuit; and
WHEREAS, Ferguson and the City have recently re- entered into negotiations
concerning a proposed Settlement Agreement and Mutual Release
between Ferguson and City and a proposed Settlement Agreement and
Mutual Release has been reviewed by legal counsel for Ferguson and City.
A copy of said Settlement Agreement and Mutual Release is attached with
this Resolution and incorporated herein as Exhibit "A "; and
WHEREAS, The Board of Public Works and Safety of the City of Richmond is the
entity that must approve the Settlement Agreement and Mutual Release on
behalf of the City of Richmond; and
WHEREAS, The Board of Public Works and Safety of the City of Richmond, having
reviewed the proposed Settlement Agreement and Mutual Release, finds
that it is an appropriate and reasonable Settlement and in the best interests
of the City of Richmond to enter into the Settlement Agreement and
Mutual Release between Ferguson and City as negotiated by legal counsel
for Ferguson and City.
WHEREAS, The Board of Public Works and Safety of the City of Richmond, having
reviewed the proposed Settlement Agreement and Mutual Release, needs
to authorize Walter S. Chidester, City Attorney for Richmond, Indiana, to
sign, on behalf of the City, the proposed Settlement Agreement and
Mutual Release between Ferguson and City as negotiated by legal counsel
for Ferguson and City.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of
the City of Richmond, Indiana, that it approves the Settlement Agreement and Mutual
Release, as set forth in Exhibit "A ", to be entered into between the City of Richmond,
Indiana, by and through its Board of Public Works and Safety, and Carol L. Ferguson.
IT IS FURTHER RESOLVED that the Board of Public Works and Safety of the City of
Richmond, Indiana, authorizes Walter S. Chidester, City Attorney for Richmond, Indiana,
to sign and execute the Settlement Agreement and Mutual Release on behalf of the Board
of Public Works and Safety of the City of Richmond, Indiana, for the City of Richmond,
in Cause No. 89DO2- 0702 -CT -002, and captioned "Carol L. Ferguson, Plaintiff, vs. The
City of Richmond, Indiana and The Principal Financial Group, Defendants," pursuant to
the terms of the Settlement Agreement and Mutual Release.
THIS RESOLUTION IS ADOPTED THIS coday of May, 2013.
Board of Public Works and Safety
of Richmond, Indiana
Vicki Robinson, President
EXHIBIT "A"
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Agreement, entered into this ('day of May, 2013, by and between Carol L. Ferguson
(hereinafter referred to as Plaintiff) and City of Richmond, Indiana (hereinafter referred to as the De-
fendant),
WITNESSES:
WHEREAS, Plaintiff, has brought an action against Defendant in the Wayne Superior Court I1 entitled
Carol L. Ferguson v. City of Richmond, Indiana., Cause No. 89D2- 0702 -CT -002 , for damages relating
to the alleged non - payment of all medical benefits to which Carol L. Ferguson claimed she was entitled
by Defendant City of Richmond, Indiana, and
WHEREAS, Plaintiff and Defendant desire to resolve their dispute by way of compromise and set-
tlement, the parties hereby covenant and agree as follows:
NOW THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES:
1. Defendant will pay to Plaintiff a total sum of $1,700.00 in full and complete settlement of all of
Plaintiff's claims against Defendant City of Richmond, known and unknown, that now exist or
that may hereafter accrue, including the ones which are the subject of the above - referenced action
pending in Wayne Superior Court 2;
2. Upon approval of this Settlement Agreement and Mutual Release by the Board of Public Works
and Safety of the City of Richmond, Indiana, and upon approval of Plaintiff, Plaintiff's and De-
fendant's counsel, will execute a Stipulated Dismissal With Prejudice, in Cause No. 89D02 -0702-
CT -002;
3. Upon execution of this Agreement and receipt of the above described payment to Plaintiff, Plain-
tiff and Defendant shall dismiss, with prejudice, Cause No. 89D03- 1009 -SC -1607 as soon as prac-
ticable;
4. Each party agrees to and shall bear its own costs and attorneys' fees; and
5. Plaintiff and Defendants covenant never to, and may not, institute any suit or action at law or in
equity against each other by reason of any claim or counterclaim existing now or in the future aris-
ing from or relating to the subject matter of the settlement herein, except as may be necessary to
enforce this Settlement Agreement.
In witness whereof, the parties set their hands and seal below.
Plaintiff:
Carol L. Ferguson
Dated:
Defendants:
Jeffrey T. Arnold, Atty. No. 17006 -64
Attorney for Defendant, Carol L. Ferguson
410 South "D" Street
Richmond, IN 47372
765.962.3344
Walter S. Chidester, Atty. No. 3210 -89
Attorney for Defendant City of Richmond, IN
50 North 5 Street
Richmond, Indiana 47374
765.983.7220
Dated: Dated: