HomeMy WebLinkAboutKiemle and Hagood Release and Settlement AgreementRELEASE AND SETTLEMENT AGREEMENT
THIS RELEASE AND SETTLEMENT AGREEMENT is entered into this 1 a. day
of April, 2013, between the City of Pasco, Washington ("City") and Kiemle and Hagood
Company ("K&H").
WHEREAS, the City and K&H entered into a professional services contract in March of
201 land a dispute has arisen concerning final payment for services through this contract.
WHEREAS, the parties desire to resolve this dispute without the need of litigation, and,
solely for that purpose, the parties enter into this Release and Settlement Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is
agreed as follows:
1. The City shall pay to K&H the sum of Twenty Five Hundred Dollars ($2,500.00)
as full and final satisfaction of any claims that K&H may have, assert, or claim against the City.
2. K&H, on behalf of itself, agents, assigns, and successors in interest, releases and
discharges the City and the City's officers, employees, representatives, agents and assigns from
any and all claims, liabilities, causes of action, damages, losses, demands or obligations of every
kind and nature, related to, based upon, or arising out of the Professional Services Agreement
dated March 21, 2011 and accepts as full and final satisfaction of any and all such claims in the
amount designated in Section 1 above. K&H will also return to the City in good working order
through a safe shipping method the 4V4ep computer used by K&H and purchased with HOME
funds by April 15, 2013.
3. By entering into this Agreement,
is no admission of liability on behalf of either
negotiated compromise and settlement.
both parties express they acknowledge that there
party and that this Agreement is the result of a
4. This Agreement settles, waives, releases, and forever bars any and all claims by
either party, or their successors, heirs, or assigns arising out of the above -referenced matter.
5. Each signatory hereto represents and warrants that all necessary signatures and
consents to enter into this Agreement, and to assume and perform the obligations hereunder,
have been property obtained.
6. Each term and provision of this Agreement is deemed to have been explicitly
negotiated at arm's length between the parties and in all cases, shall be construed and interpreted
according to the fair meaning and not strictly for or against either party, and without reference to
who might have drafted the term.
7. This Agreement is entered into and shall be construed and interpreted in
accordance with the laws of the State of Washington.
Release and Settlement Agreement - 1 a � a
8. This Agreement embraces and includes the entire agreement between the parties
and may not be changed except in writing signed by all parties.
9. This Agreement may be executed in counterparts. Each counterpart shall be
deemed an original, all of which taken together shall be one and the same instrument. This
Agreement shall become effective upon execution of the counterpart by each party and delivery
to the other party.
THIS IS A RELEASE.
IN WITNESS WHEREOF, the parties have duly executed this Agreement on the date
CITY F A O, WAS GTON KIEMLE AND AGOOD COMPANY
Gary OutchTteld L/ goKuen
City Y4anager
Appr to Form:
Leland B. Kerr, City Attorney
Release and Settlement Agreement - 2
WRITTEN AGREEMENT FOR FINAL CLOSEOUT OF KIEMLE & HAGOOD CONTRACT WITH THE
CITY OF PASCO "HOME" PROGRAM SERVICES
This one-time payment of $2,500 by the City of Pasco to Kiemle & Hagood Company represents the final
and last payment regarding all claims and disputes for billing purposes. Kiemle & Hagood in return will send to the
City of Pasco c/o Community & Economic Development Department, the HOME purchased computer in good
working order through a safe method of shipping. The computer must be received by the City of Pasco by April 15,
2013.
DATED this
��- day ofr.20(-S```��•PNv'�•,,��
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L
rn, wPresident and Chief QpMi Officer y ��TAy :z
iemle &Hag(od Company
to ••✓ .•'�
STATE OF WASHINGTON ��� �� •� '' ••• • ���
4,�WASHiNG
COUNTY OF FRANKLIN 1 ss.
On this day personally appeared before me Lo, h!2� f3c) P V1 fy- n , to be known to be the
individual(s) described in and who executed the within an foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVENAer my hand and official seal this = day of Y-;201
1` A,
NO AR UBL it and for the State of Washington
Residing at: LWA
My Commission Expires: - OLJ - 0019
STATE OF WASHINGTON
ss.
COUNTY OF FRANKLIN
On this day personally appeared before me AAM kukK_\e_u , to be known to be the
individual(s) described in and who executed the w ' t and foregoing instrument, and acknowledged that they
signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under rpy I{gn d officiY seal this �1L� day of , 20-
NOTARY PUBWC in and for (the S at of Washington
Residing at:
My Commission Expires: aAtAky
KIEMLE &
HAGOOD
COMPANY
April 9, 2013
Rick White
City of Pasco
Community and Economic Development
525 North Third Ave
Pasco, WA 99301
Dear Rick,
RECEIVED
APR 1 1 2013
COMMUNITY & ECONOL1IC OEVELOP61ENT
Enclosed please find both copies of the agreement, executed by Larry Soehren.
The desktop computer and monitor are being sent via Fed -Ex. We will send you
the tracking number and estimated arrival date via email once we have them.
If you have any questions, please contact me at (509)755-7510. Thank you for
your assistance and good luck in the future.
(Z
KIEMLE 8s HAGOOD COMPAN
Shannon Meagher
Director, Community Building
Professional Real Estate Services
Washington Mutual Financial Center 0 601 West Main Avenue, Suite 400 • Spokane, Washington 99201-0674 • (509) 838-6541 Fax (509) 458-4014