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HomeMy WebLinkAbout060418_ca02 Prosecuting Attorney's Office O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Agenda Date: May 29, 2018 Subject: Settlement Agreement and Release of Claims Statement of Issue: Waste Connections (dba Olympic Disposal) will reimburse Jefferson County for damage to the Dosewallips Road upon signing of this release. Waste Connections' insurer is paying the claim and requires a release (attached). Analysis/Strategic Goals/Pro's & Con's: On April 9'2018, a Waste Connections (dba Olympic Disposal) truck drove off the shoulder of Dosewallips Road and into the ditch in the 3500-block area, causing property damage to the County. The County Public Works Department has repaired the damage. While the attached document has broad release language, there is no risk to the County in signing the attached release because the property damage has been completely repaired. Furthermore, Public Works advises that it is appropriate to sign the release for this incident as no further issues are anticipated at this site as a result of the incident. Only the Board of County Commissioners (BoCC)has the authority to enter into contracts, unless it delegates that authority. The BoCC has not delegated authority for these types of settlements. Accordingly, the BoCC Chair should sign the release. Fiscal Impact/Cost Benefit Analysis: County will receive $1,163.28 to cover costs of repairs which have been completed. Recommendation: Please sign the attached release form. Department Contact: Philip Hunsucker, Chief Civil Deputy Prosecuting Attorney Reviewed By: /Alf "if .513/(5/ p Morley, C i my Administr Date SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS FOR GOOD AND SUF ICIEN rWOj SIDERA ON in the amount of 01/9 - 71-1101-15 cf One, Amd.r7d 'j care broLLARS ($ J� /65.28), the receipt of which is hereby acknowledged, the undersigned, . .e f v n r C�,�..r dry and their marital community, their successors and assigns, do hereby release, acquit, and forever discharge Waste Connections, Inc. (dba c)/yrnp;'c bis4v.,ert f ), and Waste Connections of tnJA _, Inc., and their officers, agents,employees, and assigns, a d any and all other persons or entities from all claims, demands, and rights of action whatsoever, which they now have or can have on account of injury to person (physically, emotionally and/or psychologically), damage to property, loss of services,loss of use, repair expense, penalties, fines, and any other damage and/or expense sustained by them, or which may hereafter arise, in consequence of an incident, which occurred on or about the 9 t day of A0Pii l , 241$, at or about that property commonly known as .'i S .Ili -"")r,S=uCAX )S (Z It is agreed and understood that this release applies to any and all past,present and future claims,whether based in law or equity, arising as a result of the afore-described incident, directly and/or indirectly, and that the undersigned will make no further claims against the parties being released, It is further understood and agreed that the parties hereby released admit no liability to the undersigned and deny any such liability. The undersigned hereby declare and represent that the damages they claim or might hereafter claim are uncertain and indefinite and that this release is made without reliance upon any statement or representation of 'ie parties hereby released or their representatives,except as contained herein. The undersigned further agrees to indemnify and hold harmless the parties being released, against all subrogation claims and all lien claims for liens provided for under applicable state or federal law,and any other type of lien claim or right of subrogation of any claimant arising out of the above-described incident,including,but not limited to, all lien claims for services rendered pursuant to public or private ohligation, contract, including contract for insurance,or statute. The undersigned declare and represent that no promise, inducement or agreement not herein expressed has been made and that this release contains the entire agreement between the parties hereto and that the terms of this release are contractual and not a mere recital. THE UNDERSIGNED HAVE READ THE FOREGOING RELEASE, FULLY UNDERSTAND IT, AND AGREE TO BE BOUND BY THE TERMS AND PROVISIONS THEREOF. Executed at_ ,this day of , 200_, David Sullivan,Chair,Jefferson County Board of Commissioners Signature Signature Approved as to st000 form on May 18,2018: Philip C.Hunsucker, Release of Claims- I Chief Civil Deputy Prosecuting Attorney Jefferson County,Washington 7.7;7;rzPti.