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HomeMy WebLinkAboutAgreements/Contracts - Prosecuting AttorneyGRANT COUNTY COMMISSIONERS AGENDA MEETING REQUEST FORM (Must be submitted to the Clerk of the Board by 12:00pm on Thursday) REQUESTING DEPARTMENT: PAO REQUEST SUBMITTED BY:TreV01' B2V121" CONTACT PERSON ATTENDING ROUNDTABLE: Trevor Bevier CONFIDENTIAL INFORMATION: DYES WNO onrE:10/18/2025 PHONE: 509-754-2011 x3909 . I+)����I �j►�i��l�lh` '���-j1'111���� ;I=L"jVA1qMR■/A'jW:I d;dW&] ®Agreement / Contract DAP Vouchers ❑Appointment / Reappointment ❑ARPA Related ❑ Bids / RFPs / Quotes Award ❑ Bid Opening Scheduled ❑ Boards / Committees D Budget ❑ Computer Related ❑ County Code ❑ Emergency Purchase D Employee Rel. ❑ Facilities Related ❑ Financial ❑ Funds ❑ Hearing ❑ Invoices / Purchase Orders [:]Grants -- Fed/State/County ❑ Leases ❑ MOA / MOU ❑ Minutes ❑ Ordinances ❑ Out of State Travel ❑ Petty Cash ❑ Policies ❑ Proclamations ❑ Request for Purchase ❑ Resolution ❑ Recommendation ❑ Professional Serv/Consultant ❑Support Letter ❑ Surplus Req. ❑Tax Levies ❑Thank You's ❑Tax Title Property ❑WSLCB WORDING FOR AGENDA: • What, When,cost, Settlement Agreement between Jackson Jett Center, LLC and Grant County; Pierce County Superior Court Cause No. 25-2-07986-0; Aircraft Flight &Ground Hours tax refund lawsuit; payment by Grant county of $938.09 for dismissal of litigation. FISCAL / BUDGET IMPACT: Please contact accounting to complete a Financial Request Form rior to submission. If necessary, was this document reviewed by accounting? El YES ❑ NO *1 N/A • If necessary, was this document reviewed by legal? 7w YES ❑ NO DATE OF ACTION: G • o? r '�� DEFERRED OR CONTINUED TO: APPROVE: DENIED ABSTAIN D2: D3: 4/23/24 WITHDRAWN: ❑ N/A RECEIVED Or T 17 2025 GRANT COUNTY COMMISSIONERS SETTLEMENT AGREEMENT A. Parties Jackson Jet Center, LLC and Grant County (each is a Party) make and enter into this Settlement Agreement (Agreement) as of the last day set forth on the signature page (Effective Date) for compromising and settling all claims, controversies, and alleged liabilities arising out of a dispute set forth below. B. Recitals The Parties enter into this Agreement with reference to the following facts: 1. Jackson Jet operates an airplane jet charter service and Washington requires it to pay property tax to each county in which its jets operate. The state determines the tax based on the Aircraft Flight & Ground Hours Jackson Jet reports to the Washington Department of Revenue. The department then determines the tax amounts Jackson Jet owes to each affected county and gives that amount to each county to collect. Subsequently, a dispute between Jackson Jet, the state, and County arose over the amount the state charged in tax and that the County collected based upon the state's allocations. 2. Jackson Jet sued the County in the Pierce County Superior Court, in case number 25-2-07986-0, entitled JACKSON JET CENTER, LLC PLAINTIFF, vs. PIERCE COUNTY, CHELAN COUNTY, CLALLAM COUNTY, DOUGLAS COUNTY, FRANKLIN COUNTY, GRANT COUNTY, KING COUNTY, KIT S AP COUNTY, KITTITA S COUNTY, OKANO GAN COUNTY, SAN JUAN COUNTY, SKAGIT COUNTY, SNOHOMISH COUNTY, SPOKANE COUNTY, THUR.STON COUNTY, WALLA WALLA COUNTY, WHATCOM COUNTY, WHITMAN COUNTY, YAKIMA COUNTY DEFENDANTS (Action). In the Action, Jackson Jet claimed it overestimated the Aircraft Flight & Ground Hours it provided to the state and as a result, the County collected $93 8.09 more than it should have collected. The state later revised the allocations and Jackson Jet maintains that the County should refund it $93 8.09. The County disputes that it owes Jackson Jet any refund or needs to revise the tax amount. 3, Each Party denies all allegations, claims, and defenses made by the other Party in the dispute and Action. 4. Notwithstanding the above, solely in order to avoid the cost and uncertainty of litigation, the Parties desire to compromise and settle the dispute and adjust and settle their rights and obligations in connection with the Action. C. Agreements, Releases and Promises THEREFORE, the Parties adopt the facts set forth above and in exchange for the general releases and promises contained herein, and for other good and valuable consideration, which each Party hereto acknowledges, the Parties promise and agree as follows: 1. Agreements. 1 of 5 a. Coun!Y's Agreement. Without determining whether it must refund any amounts, the County agrees to pay $938.09 to Jackson Jet to settle the Action in exchange for a release. The County will send the payment to Jackson Jet's counsel within a reasonable time after the Effective Date and it receives the required approvals and signatures and Jackson Jet's W-9 form. b. Mutual Agreements. The Parties agree that each Party shall bear his, her, -or its own attorneys' fees and costs in connection with the dispute and this Agreement (to the extent they have accrued), and the Parties waive and release any claims they otherwise have or may have had to such costs and attorneys' fees from any and all other Parties arising from or related to the Action. Any communications sent to a Party's counsel will also serve as being sent to a Party. C. Jackson Jet's Agreement. In exchange for the $938.09 payment, Jackson Jet agrees to release its claims and dismiss the County from the Action in the appropriate court, with prejudice, within 7 days of signing this Agreement. It shall take all further recurring and reasonable efforts to obtain an entered dismissal of the Action and provide a conformed and entered copy to County's counsel as soon as reasonably possible. If the Court does not actually dismiss the Action with prejudice, Jackson Jet will be in default under this Agreement. The Parties agree to execute or direct their attorneys to execute the stipulation and request to dismiss the state court proceeding that is attached as Exhibit I and agree that any party can file a fully executed copy with the state court. 2. Execution of Other Documents. The Parties shall execute and deliver any document which is reasonably necessary to achieve this Agreement's goals and purposes. The Parties also agree that if requested by the other Party, a Party will correct, or cooperate in correcting, any clerical errors made in any document or agreement entered into. The Parties will comply with all such requests made within a reasonable time of receiving a written request from a Party or its attorneys, The Parties agree to assume their own costs that they may be incur in satisfying this provision, including without limitation, actual expenses, costs, or legal fees. 3. Defaults. In addition to any other event described herein, a Party Defaults on this Agreement if they breach any term. 4. Release. Jackson Jet, for and on behalf of itself and its present and future spouses (and common law spouses), children, parents, relations, successors, beneficiaries, heirs, next of kin, assigns, executors, administrators, and/or estate, or any and all other persons who could claim through them (collectively, the "Releasors"), hereby unconditionally and irrevocably remise, release, forever discharge and covenant not to sue County, and all entities related to it, and each of its past, present and future Commissioners, directors, officers (whether acting in such capacity or individually), shareholders, owners, partners, joint venturers, principals, trustees, creditors, attorneys, representatives, employees, managers, members, parents, parent companies, subsidiaries, divisions, subdivisions, departments, affiliates, predecessors, successors, and assigns, or any agent acting or purporting to act for them or on their behalf (collectively, the "Releasees"), from any and all claims, counterclaims, actions, causes of action, suits, set -offs, costs, losses, expenses, sums of money, accounts, reckonings, debts, charges, complaints, controversies, disputes, damages, 2 of 5 judgments, executions, promises, omissions, duties, agreements, rights, and any and all demands, obligations and liabilities, of whatever kind or character, direct or indirect, in tort or contract, whether known or unknown or capable of being known up until the Effective Date, arising at law or in equity, by right of action or otherwise, including but not limited to those arising out of or relating to the Action and tax which the Releasors may have against the Releasees up until the Effective Date, including without limitation, express or implied: (a) any claims relating to, arising from, concerning, or underlying a claimed breach of contract and any claims relating to the covenant of good faith and fair dealing; (b) any and all claims relating to personal and real property taxes; (c) any and all claims for attorneys' fees and costs of any kind or nature, by statute or otherwise; (d) any and all claims for fraud or breach of fiduciary duty; and (e) any and all claims relating to, arising from, concerning, or underlying any claims that have been or could have been alleged in the Action. The Parties intend for this release to discharge all claims that the Releasors have against the Releasees up to and including the Effective Date of this Agreement. 5. Confidentiality. The Parties acknowledge that County is a governmental agency subject to public disclosure and records laws that may require it to disclose the information by law or upon request within a short time period. The Parties agree that County will not breach Jackson Jet's rights, if any, if the County releases any information or records under those laws, including releasing them in a shorter time period than Jackson Jet prefers. 6. Release, Limitations. The Parties do not release claims arising out of either Party's failure to perform this Agreement. 7. Tax Consequences. This Agreement is enforceable regardless of its tax consequences. The Parties understand and agree that the terms and conditions set forth in this Agreement settle disputed legal claims and that the Parties make no representations regarding the Agreement's tax consequences. 8. No Admission of Liability: The Parties enter into this Agreement to compromise and settle the dispute between them. Neither Party admits that any claims or defenses asserted or that could potentially be asserted by the other Party are true or valid. 9. - Choice of Law. The Parties enter into this Agreement in the State of Washington, and any rights, remedies, or obligations provided for in this Agreement shall be construed and enforced in accordance with Washington's laws. Grant County Superior Court shall have or retain jurisdiction over the Parties to enforce this Agreement. Venue shall be in Grant County Superior Court. 10. Agreement Interpretation. This Agreement shall be construed as if all Parties jointly prepared it, and any uncertainty or ambiguity shall not be interpreted against any Party. 11. Severability. This Agreement's provisions are severable. If an adjudicatory body judges any portion to be invalid, unenforceable, or void for any reason whatsoever, the adjudicatory body shall deem each such portion modified or limited to the extent necessary to render it valid and enforceable, without further action by the Parties. If the adjudicatory body cannot make each such portion valid and enforceable, the adjudicatory body shall sever them from the remaining portions 3 of 5 of this Agreement and any remaining portions will remain valid and enforceable. 12. Representations, Indemnifications. Releasors represent and warrant that they are the sole and lawful owners of all right, title and interest in and to every claim and other matter which they may release in this Agreement and that they have not previously assigned or transferred, or purported to do so, to any person or other entity, any right in any such claim or other matter. If Releasors' representation is false and any such claim or matter is asserted against Releasees by anyone who is. Releasor's assignee, transferee, or third party beneficiary, then Releasors shall fully indemnify, defend, and hold harmless Releasees and their successors from and against such claim or matter and from all actual costs, attorneys' fees, expenses, liabilities, and damages which Releasees incur resulting from anyone asserting such claim or matter. Releasors represent that, as of the Effective Date, they have not filed any complaints, charges, or lawsuits against any Releasees with any agency or any court. 13. Knowing and Voluntary Assent. The Parties acknowledge that they execute this Agreement voluntarily, without any duress or undue influence on the part of, or on behalf of any of them. The Parties further acknowledge that they have had the opportunity to be represented by counsel of their choice while they negotiated and performed this Agreement and that they have read this Agreement and/or have had it fully explained to them by their counsel and that they are fully aware of this Agreement's contents and its legal effect. 14. Final and Binding Agreement. The Parties acknowledge that this Agreement is a full and final accord and satisfaction and shall be binding upon and inure to the Parties' benefit and their respective heirs, executors, administrators, agents, representatives, successors, and assigns. 15. Complete Agreement. This Agreement fully and finally resolves all matters in any . way related to the Action. This Agreement contains all the terms and conditions agreed upon by the Parties and is a single, integrated, written contract expressing the entire agreement between the Parties. This Agreement supersedes all other agreements between the Parties. Any modification made before or after the Effective Date shall be invalid unless the Parties make it in writing and sign it. 16. Counterparts and Facsimile Signatures. The Parties may execute this Agreement in any number of counterparts and with facsimile or electronic signatures and all such counterparts shall be construed together and constitute a single form of this Agreement. 17. Headings and Captions. The Parties insert the paragraph and section titles in this Agreement merely for convenience and ease of reference and shall not affect or modify the meaning or this Agreement's terms, covenants, or conditions. 4 of 5 IN WITNESS WHEREOF, the Parties hereto have caused this document to be executed as of the Effective Date. Dated this day of October 2025. Dated this day of October 2025. Attest: 5 of 5 JACKSON JET CENTER, LLC Da il 1'e a e Rxh ByDanielle Ruhl (Oct 7,')025 i :07:59 MDT) Danielle Ruhl, Controller BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON `/lllu, %—""I l.V1, r 1V%.,— 1(111 Kevin R. Burger' ommissioner Jet Jackson -Grant County Agreement Final Audit Report 2025-10-07 "Jet Jackson - Grant County Agreement" History Document created by Anthony M. Manibusan (amanibusan@eisenhowerlaw.com) 2025-10-03 - 10:42:19 PM GMT Document emailed to danielle.ruhl@jacksonjet.com for signature 2025-10-03 - 10:42:54 PM GMT Email viewed by danielle.ruhl@jacksonjet.com 2025-10-07 - 5:03:14 PM GMT Signer danielle.ruhl@jacksonjet.com entered name at signing as Danielle Ruhl 2025-10-07 - 5:07:57 PM GMT Document e-signed by Danielle Ruhl (danielle.ruhl@jacksonjet.com) Signature Date: 2025-10-07 - 5:07:59 PM GMT - Time Source: server Agreement completed. 2025-10-07 - 5:07:59 PM GMT b 't borkr Exhibit 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 '23 SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY JACKS ON JET CENTER, LLC, ) Plaintiff, ) NO.25-2-07986-0 V. ) PIERCE COUNTY, CHELAN COUNTY, ) STIPULATION AND JOINT MOTION CLALLAM COUNTY, DOUGLAS COUNTY, ) FOR DISMISSAL UNDER CR 41 FRANKLIN COUNTY, GRANT COUNTY, KING ) COUNTY, KITSAP COUNTY, KITTITAS ) COUNTY, OKANOGAN COUNTY, SAN JUAN ) COUNTY, SKA.GIT COUNTY, SNOHOMISH ) COUNTY, SPOKANE COUNTY, THURSTON ) COUNTY, WALLA WALLA COUNTY, ) WHATCOM COUNTY, WHITMAN COUNTY, ) Clerk's Action Required YAKIMA COUNTY, ) Defendants. ) Jackson Jet Center, LLC and Grant County stipulate and jointly move the Court to dismiss the County from this Action with prejudice under CR 41(a)(1)(A) and (B). Jackson Jet and the County agree to bear all costs or fees of any kind themselves, including attorney fees, AGREED ORDER OF DISMISSAL - I GRANT COUNTY PROSECUTING OFFICE POBox 37 Ephrata WA 98823-0037 (509)754-2011 ext. 3950 related to this Action and this Stipulation. The Parties agree that the Court can enter an order on the terms of this Stipulation. KEVIN MCCRAE GRANT COUNTY PROSECUTING ATTORNEY W REBEKAH KAYLOR, WSBA 453257 Deputy Prosecuting Attorney Attorney for Grant County ORDER Based on the foregoing Stipulation and Joint Motion For Dismissal, the Court ORDERS as follows: The Court dismisses Grant County from this Action with prejudice under CR 41 (a)(1)(A) and (B). The Parties shall bear all costs or fees of any kind themselves, including attorney fees, related to this Action and the above Stipulation. IT IS SO ORDERED. Dated: , 2025. JUDGE Presented by: KEVIN MCCRAE GRANT COUNTY PROSECUTING ATTORNEY GRANT COUNTY PROSECUTING OFFICE AGREED ORDER OF DISMISSAL-2 P 0 Box 37 Ephrata WA 98823-0037 (509)754-2011 ext. 3950 BY: REBEKAH KAYLOR, WSBA #53257 Deputy Prosecuting Attorney Attorney for Grant County Office by and GRANT COUNTY PROSECUTING OFFICE AGREED ORDER OF DISMISSAL-3 P O Box 37 Ephrata WA 98823-0037 (509)754-2011 ext. 3950