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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'�•,,�� � .MtSS.... ,C'" 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