HomeMy WebLinkAboutWaste Connection (dba Olympic Disposal) - 062918 I • .,
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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
FOR GOOD t AND SUF ICIENI 2 NSIDERATION in the amount of O7)c' - /0,-6 A c
one_ Am rz d 6�- 'G i .--,E 1JULLARS ($ /, /65.21), the receipt of which is hereby acknowledged, the
undersigned, --" e•tfer r),^ Ci ._.r47 and their marital community, their successors and assigns, do
hereby release, acquit, and forever discharge Waste Connections, Inc. (dba c>/y pi'c bis/.2_:050 ( ),
and Waste Connections of i/t/A , Inc., and their officers, agents, employees, and assigns, add 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 sustaned by them, or which may
hereafter arise, iu consequence of an incident, which occurred on or about the 9 /-- day of A,o1i i ,
241E3, at or about thatproperty commonly lcnoti n as
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S� rAlk\f)S 2a .
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 norther 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 lQt,S6k1 etft€Y1hiur-koi. S� s day of vi!'L ,2C/jt_,
David Sullivan,C i ,Jeffers o'//' a of Commissioners
2 iiSigna
i
1, Signature
Approved as to form on May 18,2018:
0C —
Philip C.Hunsucker,
Release of Claims- 1 Chief Civil Deputy Prosecuting Attorney
Jefferson County,Washington
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:
4 7 0 le, - . 731,,
ci,
p Morley, C i my Administr Date
CONTRACT REVIEW FORM
CONTRACT WITH: Waste Connections (dba Olympic Disposal)
(Contractor/Consultant)
CONTRACT FOR: TERM:
Settlement Release Hon 2018
COUNTY DEPARTMENT: Prosecuting Attorney's Office Xx N
For More Information Contact: Philip C. Hunsucker, Chief Civil Deputy'Prosecuting`Atty
Contact Phone #: Ext. 291
RETURN TO: RETURN BY:
(Person in Department) (Date)
AMOUNT: PROCESS: Exempt from Bid Process
— Consultant Selection Process
Revenue: N/A — Cooperative Purchase
Expenditure: N/A _ Competitive Sealed Bid
Matching Funds Required: N/A _ Small Works Roster
Sources(s) of Matching Funds N/A _ Vendor List Bid
_ RFP or RFQ
X Other
Step 1: REVIEW BY • :1, 44po. ' NT
Review by: ,j C(
defr
/ZS Date Reviewed: /
APPROVED FORM Returned for revision(See Comments)
Comments
Step 2: REVIEW BY PROSECUTING ATTORNEY
Review by: Philip C. Hunsucker 0 c —
Date Reviewed: 5/18/18
® APPROVED AS TO FORM* ❑ Returned for revision(See Comments)
Comments Release required by insurer of Waste Connections to reimburse the County for property damage.
Step 3: (If required)DEPARTMENT MAKES REVISIONS &RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)