HomeMy WebLinkAboutCAG1992-0083 - Original - Washington Association of Sheriffs and Police Chiefs - Settlement Agreement & Release of Claims - 07/02/2014 o=
��. Records Management .;
�� KENT Document
F'
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Washington Association of Sheriffs and Police Chiefs Association
Vendor Number:
JD Edwards Number
Contract Number:
This is assigned by City Clerk's Office
Project Name: WASPC Settlement Agreement and Release of Claims
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
® Other: Settlement Agreement
Contract Effective Date: 7-2-2014 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Kathy Berrens Department: Police
Detail: (i.e. address, location, parcel number, tax id, etc.):
S;Public\RecordsManagement\Forms\ContractCover\acicc7832 11/88 '
WASPC and City of Kent
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
For Non-Payment of Electronic Monitoring
This Settlement Agreement and Release of Claims (`Agreement") is entered into
between the city of Kent, a Washington municipal corporation ("City"), and the
Washington Association of Sheriffs and Police Chiefs ("WASPC"). The City and
WASPC are sometimes referred to collectively as the "parties."
Since 1992, WASPC and the City have operated under a contract entitled
"Washington Association of Sheriffs and Police Chiefs Electronic Monitoring
Agreement" which was last signed on August 31, 1992 ("EM Contract"). Pursuant to
the EM Contract, WASPC has provided certain electronic monitoring ("EM")
equipment for use by the Kent Corrections Facility ("KCF") for a fee. Recently,
WASPC advised the City that some time ago, WASPC stopped billing the City for
amounts due under the EM Contract. The City did not pay WASPC in the Instances in
which it did not receive a bill. In addition, WASPC recently delivered to the City a bill
(Invoice No. INV025848, dated May 31, 2014) in the amount of $11,034.43 for
unpaid sales tax that was imposed on WASPC after a negotiated settlement between
WASPC and the Department of Revenue. By this Agreement, the parties have
agreed to settle all claims and amounts owed by the City to WASPC.
The Parties, intending to be legally bound, agree as follows:
1. Consideration
As consideration for, and in full satisfaction of, any and all claims that WASPC
may have against the City for the non-payment of any
compensation/fees/taxes/monetary amounts due or owing pursuant to the EM
Contract, the City agrees to pay to WASPC a sum of $237,535.00.
2. Release and Waiver of All Claims
Payment of the sum set forth in Section 1 of this Agreement shall constitute
full satisfaction of all claims WASPC may have against the City for any and all
compensation/fees/taxes/monetary amounts owed for the period of December
31, 2013 and prior. As a result, by accepting the amount set forth in Section
1 of this Agreement, WASPC releases Kent from any and all claims it may
have, whether known or unknown, against the City for the non-payment of
any and all compensation/fees/taxes/monetary amounts whatsoever, whether
due under the EM Contract, or whether due under operation of any law or in
equity.
3. Ngn-Admission
Nothing in this Agreement shall be considered an admission by the City or
WASPC that it, or any of its employees, agents, elected officials or volunteers,
has violated any law, policy or contract or failed to fulfill any duty to under
contract or in equity.
WASPC-City of Kent: Electronic Monitoring Settlement
Page 1 of 2
4. GeneraC
This Agreement: (i) represents the entire understanding of the parties with
respect to the subject matter covered; (ii) supersedes all prior and
contemporaneous oral understandings with respect to such subject matter;
and (M) may only be amended in a writing signed by each of the Parties.
5. Knowing and Voluntary Waiver
The parties have consulted with attorneys prior to the execution of this
Agreement and enter this agreement knowingly and voluntarily, and will full
authority to sign and bind their respective agencies.
6. EM Contract
Except as otherwise referenced herein, the EM Contract remains in effect until
terminated per its terms.
CITY OF,KENT / MIWBARKEBy: t s rtt By
Pri ,N'ame: Suzette Cooke Print Name: Mitch Barker
Ci�ty.,of Kent Mayor Date: 0-7 . 0 f. 2-0 l q--
Date:
7 [
By; `i°E„ By:
Print Name: Ken Thomas Print Name: Michael McAleenan
City of Kent Police Chief Attorney for WASPC
Date:_ %/ �=1 Date:___._
APPROVED AS TO -B
By.
g�
Print Name: Arthur "Pat" Fitzpatrick
City of Kent Acting City Attorney
Date:
WASPC-My of Kent: Electronic Monitoring Settlement
Page 2 of 2
2884 26 pf262601 6/30/14