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HomeMy WebLinkAboutMark Daniels Settlement - 042726SE T T L E M E N T A G R E E M E N T A N D M U T U A L R E L E A S E This Agreement is made between Settling Parties. (All terms in bold in this Agreement are defined in Section 2.4, below.) 1 RECITALS 1.1 WHEREAS, Daniels submitted the Request to Jefferson County on September 27, 2025 pursuant to the Public Records Act; 1.2 WHEREAS, Jefferson County identified the Request as Request C002845- 090825 and responded to it with the Response; 1.3 WHEREAS, Daniels found the Response unsatisfactory and filed the Lawsuit; 1.4 WHEREAS, Settling Parties desire to avoid the cost and expenses associated with the Lawsuit and the Response; and, 1.5 WHEREFORE, Settling Parties hereby agree to the terms and conditions in this Agreement; 1.6 NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, pursuant to the material terms of settlement reached between Settling Parties and for other good and valuable consideration, the receipt and sufficiency of which Settling Parties hereby acknowledge, Settling Parties agree to the following terms and agree to be bound by the terms and conditions in this Agreement. 2 TERMS OF THIS AGREEMENT 2.1 Parties Bound. This Agreement shall apply to and be binding upon, and shall inure to the benefit of each of the Settling Parties, including all of their respective assigns, heirs, personal representatives, executors, administrators, officers, officials, employees, agents and volunteers, successors and assigns. Settling Parties certify that they are fully authorized to enter into the terms and conditions of this Agreement and to execute this Agreement. 2.2 Effective Date. This Agreement is effective on the date the last Settling Party executes this Agreement or 30 days after Daniels executes this Agreement, whichever is earlier, but is subject to the condition in Section 2.7. 2.3 Purpose of this Agreement. The purpose of this Agreement is to resolve any current and future potential disputes between Settling Parties regarding the matters released in Section 2.5. 2.4 Definitions. 2.4.1 Words used in this Agreement are to be taken and understood in their natural and ordinary sense, unless this Agreement indicates that a different meaning was intended. April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page I of7 W henever the fo llow ing term s are used in this Agreement (including, without limitation, this Section 2.4), the meanings in this Section 2.4 shall apply. 2.4.2 "Agreement" means this Settlement Agreement and Release. 2.4.3 "Claim" means any and all damages, attorney's fees, costs and actual or alleged claim, demand, request, action, duty, right, obligation (including contractual, common law or statutory), fine, penalty, sanction, liability, action, order, suit, lawsuit or proceeding of every kind and nature, wherever and whenever occurring, whether at law or in equity, and whether sounding in tort, contract, equity, nuisance, trespass, negligence, strict liability or any statutory or common law cause of action, duty or obligation of any sort, and whether made, brought or could have been made or brought, known and unknown, past, present and future based on any Public Records request made to Jefferson County by Daniels on or before the Effective Date, including the Request or the Lawsuit. 2.4.4 "Effective Date" means the date set forth in Section 2. 2.4.5 "Daniels" means Mark Daniels, and all of his assigns, administrators, executors, heirs, insurers, personal representatives, successors, subrogees, or trustees, including each of their agents, representatives and attorneys. 2.4.6 "Jefferson County" means Jefferson County Washington and all of its departments, officers (including elected and appointed officers), officials, employees, agents and volunteers. For the avoidance of doubt, "Jefferson County" includes but is not limited to the Jefferson County Public Records Act Officer, and the Prosecuting Attorney's Office. 2.4. 7 "Lawsuit" means Mark Daniels v. Jefferson County, in the Superior Court of the State of Washington in and for Jefferson County, Case No. 26-2-00052-16 concerning the Request. 2.4.8 "Public Records Act" means Chapter 42.56 RCW. 2.4.9 "Request" means Daniels' Public Records Act request no. C002845-090825. 2.4.10 "Response" means Jefferson County's response to the Request. 2.4.11 "Settlement Payment" means the payment required by Section 2.5.1. 2.4.12 "Settling Party" means one of the Settling Parties. 2.4.13 "Settling Parties" means Jefferson County and Daniels. 2.5 Obligations of Settling Parties in Compromise of Disputed Claims. 2.5.1 Settlement Payment. Within 15 days of the Effective Date and after Daniels has provided Jefferson County an IRS form W-9, Jefferson County, shall pay to Daniels the settlement amount of$ 6,500.00 (six thousand, 500 hundred, and 00/100 dollars). April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 2 of7 2.5.2 Release. This release applies to any and all Claims Daniels has or may have arising out of any Public Records request made by Daniels before the Effective Date , including but not limited to the Request and the Lawsuit. 2.5.3 Stipulated Order of Dismissal. Within 10 days of Daniels's receipt of the Settlement Payment, Daniels shall promptly sign and Jefferson County shall cause to be entered a Stipulated Order of Dismissal of all claims in the Lawsuit with prejudice and without costs or fees. 2.5.4 "Notice-and-Cure" Provision. Before filing any lawsuit against Jefferson County based on any alleged violation of the Public Records Act for two years after the Effective Date, Daniels shall provide written notice to the Public Records Officer identifying the alleged noncompliance by Jefferson County with the Public Records Act and allow the County 15 business days to cure. Within the 15-day cure period, Jefferson County must provide to Daniels a substantive written response addressing the alleged non-compliance with the Public Records Act, including a written statement that no additional responsive records exist, or production of responsive, non-exempt records with a date-certain production plan. No response, an acknowledgment-only response, or a non-substantive response within the cure period will be deemed a failure to cure, and Daniels will be deemed to have satisfied the notice-and-cure condition. Daniels agrees that this Section 2.5.4 is enforceable by specific performance. For the avoidance of doubt, this Section 2.5.4 does not restrict Daniels' ability to submit Public Records Act requests to Jefferson County, and does not bar enforcement of this Agreement. 2.5.5 Taxes. Daniels acknowledges and agrees that Jefferson County makes no representation as to any tax consequences arising from the Settlement Payment. Moreover, Daniels understands and agrees that any tax consequences and/or liability arising from the Settlement Payment shall be his sole responsibility. 2.6 Known and Unknown Claims. 2.6. l With respect to the release given in Section 2.5.2, Daniels expressly, knowingly, and voluntarily waives and relinquishes any and all rights that he may have under any state or federal statute which protects a settling party from releasing claims which the settling party does not know or suspect to exist in the settling party's favor at the time of executing the release, which if known by Daniels party must have materially affected the settlement. 2.6.2 Daniels understands and acknowledges the significance and consequences of this waiver and hereby assumes the risk of any changed circumstances or facts concerning this waiver. Daniels expressly acknowledges and agrees that this waiver extends to any claims concerning the specific matters being released in Section 2.5.2, whether or not Daniels knew or should have known about such claims or the possibility of such claims at the time that Daniels executed this Agreement. April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 3 of7 2.7 Condition Requiring Approval of the Board of County Commissioners. This Agreement is contingent upon written approval by the Jefferson County Board of Commissioners in an open public meeting as required by the Washington Open Public Meetings Act, chapter 42.30 RCW. 3 GENERAL PROVISIONS 3.1 Controlling Law. It is understood and agreed that this Agreement is entered into in the State of Washington. It is agreed that this Agreement shall be governed by and construed in accordance with the laws of the United States and of the State of Washington as if applied to transactions entered into and to be performed wholly within Washington between Washington residents. No Settling Party shall argue or assert than any law other than Washington law applies to the governance or construction of this Agreement. 3.2 Attorney's Fees. Settling Parties shall bear their own attorney's fees and costs related to the Claim. Further, in the event of any controversy, claim or dispute between any of Settling Parties arising out of this Agreement, Settling Parties shall bear their own attorney's fees and costs. 3.3 Entire Agreement. This Agreement, including the Appendices attached to it, is an integrated agreement and it contains the entire agreement between Settling Parties relating to this subject matter and its terms are contractual, not a mere recital. Except as specifically provided in this Agreement, this Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral. This Agreement supersedes and controls all prior communications between the Settling Parties or their representatives relative to the matters contained in this Agreement. 3.4 No Inducements. Settling Parties acknowledge that there have been no inducements or representations upon which any of Settling Parties have relied in entering into this Agreement, except as expressly set forth in this Agreement. 3.5 Third-Party Beneficiaries. Settling Parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any other person or entity who is not a Settling Party. 3.6 Modification of this Agreement. This Agreement may be amended or supplemented only by a writing that is signed by duly authorized representatives of all Settling Parties. 3.7 Effect of Partial Invalidity. If any term or provision of this Agreement is found to be invalid, in violation of public policy or unenforceable to any extent, such finding shall not invalidate any other term or provision of this Agreement and such other terms and provisions shall continue in full force and effect. Settling Parties understand, intend, and agree that this Agreement and each of the terms, covenants, and provisions of this Agreement shall be enforced to the greatest extent permitted by law. If any part of this Agreement is found invalid April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 4 of7 or unenforceable, that part w ill be am ended to achieve as nearly as possible the sam e econom ic effect as the original pro vision and the remainder of this Agreement will remain in full force. 3.8 Signature in Counterparts. Settling Parties agree that separate copies of this Agreement may be signed by each of Settling Parties and this Agreement will have the same force and effect as an original signed by all Settling Parties. 3.9 Facsimile Signatures. Settling Parties agree that a facsimile signature of this Agreement will have the same force and effect as an original signed by all Settling Parties. 3.10 Cooperation. Settling Parties agree that they shall facilitate, in good faith, the effectuation of this Agreement. 3.11 Voluntary Undertaking. Settling Parties acknowledge that they have read this Agreement and are fully aware of the contents of this Agreement and its legal effect. This Agreement is entered into voluntarily and without any coercion by or undue influence on the part of any person, firm, or corporation. 3.12 Investigation and Complete Understanding. Settling Parties acknowledge that they have made such investigation of the facts pertaining to this Agreement and all matters contained in this Agreement as they deem necessary, desirable, or appropriate. Settling Parties expressly understand that the facts later may turn out to be other than or different from the facts now known or believed to be true. Settling Parties expressly assume the risk of such different facts and agree that all provisions of this Agreement shall remain in all respects effective and enforceable and not subject to termination or rescission because of any such different facts. 3.13 Independent Legal Advice and Investigation. In entering into this Agreement, Settling Parties acknowledge that they have received independent legal advice from their own counsel and have relied on their own investigation and upon the advice of their own attorney with respect to the advisability of making the settlement provided in this Agreement. 3.14 No Oral Waiver. No term or provision of this Agreement will be considered waived by either Settling Party, and no breach excused by either Settling Party, unless such waiver or consent is in writing signed on behalf of the Settling Party against whom the waiver is asserted. No written consent by either Settling Party to, or waiver of, a breach by either Settling Party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either Settling Party. 3.15 Arms-Length Negotiations. Settling Parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 3.16 No Admission of Liability. This Agreement is for the compromise of disputed claims, and neither any payment nor its receipt shall be construed as an admission by Settling Parties that they have any liability or obligation to one another or to any other person arising out of or about any claims at the Site. April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 5 of 7 3.17 Joint Drafting Effort. Settling Parties acknowledge and agree that the drafting of this Agreement has been a joint effort by Settling Parties and that this Agreement shall not be deemed prepared or drafted by any one of Settling Parties. The terms of this Agreement shall be interpreted fairly and in accordance with their intent and not for or against any one of Settling Parties. Settling Parties further acknowledge and agree that each of Settling Parties possesses equal bargaining power with respect to this Agreement. 3 .18 Admissibility of this Agreement. Any evidence of the existence, terms or negotiation of this Agreement shall be inadmissible in any litigation between the Settling Parties; provided, however, that such evidence may be offered in any dispute concerning this Agreement itself and Settling Parties may offer such evidence in response to any allegation of breach by them. This Agreement has been entered into in reliance upon the provisions of Washington ER 408 and Rule 408 of the Federal Rules of Evidence. 3.19 Headings. The section headings in this Agreement are included as a matter of convenience and are not intended to and shall not be construed as affecting the terms and conditions of this Agreement. 4 REPRESENTATIONS AND WARRANTIES. The Settling Parties represent and warrant: 4.1 That each is fully authorized to enter into this Agreement; 4.2 That each has taken all necessary actions to duly approve the making and performance of this Agreement and that no other approval is necessary; and, 4.3 That each has read this Agreement in its entirety and know the contents of this Agreement, that the terms of this Agreement are contractual and not merely recitals, and that each has signed this Agreement, having obtained the advice of legal counsel. (SIGNATURES FOLLOW ON NEXT PAGE) April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 6 of7 THE UNDERSIGNED HA VE READ AND UNDERSTAND THE FOREGOING AND AGREE TO ITS TERMS: SETTLING PARTIES Date: April 24, 2026 JEFFERSON COUNTY, WASHINGTON Pet ers, County Administrator Date: April 27, 2026 OAp;ov~ Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney April 23, 2026 Date: ------------ April 23, 2026 SETTLEMENT AGREEMENT AND RELEASE Page 7 of7