HomeMy WebLinkAbout4644
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
ALEXANDER,
Settlement
Parks
FIN
$132175.92
07/18/2007
08/18/2007
02/15/2009
GL $
AL $
E&O $
Contract Number 4644
SCOTT & MATHENY, DARYL
- Credit Card Fees
File Class LEG 12-1
Insurance Total $
Insurance Review Date
Payment to be made w/in 30 days of Council approval
Vault 01/01/2009
SETTLEMENT AGREEMENT AND RELEASE
1. Date This settlement for reference purposes only is dated the
J..Y-Iu day of , 2007 and is entered into by and between Scott Alexander
.
and Daryl Mathen , h einafter referred to as "Professionals" and the City of Bremerton
hereinafter referred to as "City" for professional golf services at Gold Mountain Golf Complex.
2. General Recitals. The parties hereto entered into a professional services
agreement in May of 2002. This agreement at pertinent part required that the Professionals be
responsible to the City for the collection and daily remittal of all monies at the golf course
belonging to the City including, but not limited to, greens fees.
3. Overpayment. The vast majority of monies collected by Professionals for the
City for greens fees have been paid by credit card to the account of the Professionals in
combination with other payments to the Professionals which are umelated to City transactions.
The Professionals have historically remitted the full amount of the greens fees payment to the
City without deducting the credit card charges levied on the payment of City green fees by the
credit card provider. Professionals have requested reimbursement of the estimated portion of the
total credit card charges that relate to greens fees claiming that these charges are the
responsibility of the City. The City does not agree that the allocation method used to estimate
the City share is a correct accounting and denies responsibility for the full amount of charges
claimed by the Professionals based on this estimate.
4. Compromise and Settlement. In an effort to resolve this dispute, the City agrees
to reimburse Professionals for 50% of the estimated allocation of credit card charges incurred for
collection of green fees for the years 2002 through 2005 in an amount totaling $59,982.36. For
the years 2006 and 2007, the City agrees to reimburse Professionals 100% of the estimated
allocation of credit card charges. For 2006, this amount totals $35,955.78. Professionals have
provided to the City an estimated allocation of the credit card charges for the years 2002 through
2006. On approval of this agreement, the City agrees to issue a check to the Professionals in the
amount of$95,938.14 for the years 2002 through 2006. Payment will be made within 30 days of
city council approval. For 2007, the City agrees to reimburse Professionals, upon satisfactory
documentation, using the same basis for estimating the appropriate allocation as for year 2006
and prior years. Payment will be made within 30 days of submittal.
5. Settlement and Release. This settlement agreement is intended as a full and
complete compromise settlement and release of claims Professionals had against the City as a
result of Professionals' collection of greens fees for the City and reimbursement of credit card
charges during the term of this agreement and during the term of any and all prior agreements
between the parties for professional golf services at Gold Mountain Golf Complex. In
consideration of this settlement being made by the City, Professionals agree on behalf of
themselves, their heirs, successors and assigns forever release and discharge the City from any
further claims by Professionals that the City has been overpaid for collection of greens fees or
failed to reimburse credit card charges.
6. Construction. This settlement shall be construed in accordance with the laws of
the State of Washington. The provisions of this settlement have been negotiated by the parties,
and when interpreting the provisions of this settlement, there shall be no presumption of
draftsmanship for or against either party.
7. Severability. The invalidity or unenforceability of any provision hereof shall in
no way affect the validity or enforceability of any other provision.
8. Waiver. Failure to insist upon strict compliance with any terms, covenants or
conditions of this settlement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
9. Modification. Any waiver, alternation or modification of any of the provisions of
this settlement or cancellation or replacement of this settlement shall not be valid unless in
writing and signed by the parties.
10. Entire Settlement. This settlement contains the entire agreement between the
parties with regards to the subject matter set forth herein. There are no other representations
with regards to the subject matter, either orally or in writing.
Dated this /~ day of r;'~-'rht.:l-, ,2007.
R:\Legal\Legal\Files\Current Active Files\Gold Mountain\settlement agreement-final.doc