HomeMy WebLinkAboutSettlement Agreement & Relaese
Augusta Richmond GA
DOCUMENT NAME: Se.:~-tl-ernern A5'r-eCyY\-eh+-~ Ke.. k<=x-:e
DOCUMENT TYPE: A ~Ye-fXYleJ(,i~-
YEAR: \ ot (~ ~
BOX NUMBER: 5
Fll-E NUMBER: \ 3- ~ SO
NUMBER OF PAGES: '3
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STATE OF GEORGIA
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SETTLEMENT AGREEMENT & RELEASE
COUNTI{ OF RICHMOND
In consideration of the settlement terms set forth below, Baird & Company (hereinafter
"Baird"), for itself: its representatives, successors or assigns, does hereby release and forever
discharge The Augusta-Richmond County-Commission (hereinafter "Commission"), and its
representntives, successors and assigns, and all other persons or organizations liable or who might
be claimed to be liable from all actions, rights of actions, suits, claims, damages, and demands
whatsoevc;:r, known and unknown, anticipated and unanticipated, past, present and future for any and
all forms of damages arising out of or related to the contract entered into between Baird and
Commission dated October 3, 1996 (hereinafter "October Contract"), for internal auditing services.
Likewise, in consideration of the settlement terms set forth below, Commission, for itself: and
its representatives, successors or assigns, does hereby release and forever discharge Baird, and its
respective directors and officers, agents, employees, successors and assigns, and all other persons or
organizations liable or who might be claimed to be liable from all actions, rights of actions, suits,
claims, damages, and demands whatsoever, known and unknown, anticipated and unanticipated, past,
present and future for any and all forms of damages arising out of or related to the contract entered
into between Baird and Commission dated October 3, 1996 (hereinafter "October Contract"), for
internal auditing services.
Without limiting the effect or generality of this Settlement Agreement and Release, it is
understood and agreed that this Settlement Agreement concludes all claims for relief and causes of
action averred by Baird against Commission, and all claims for relief and causes of action which
could havle been averred by Commission against Baird, in the case of Baird & Company v. Augusta-
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Richmond County Commission-COuncil and Kent M. Plowman. Jr.. which is currently pending in the
Superior Court of Richmond County, Civil Action File No. 97-RCCY-574.
The aforementioned settlement terms are as follows:
1. The Commission agrees to:
( a) Reinstate the internal audit contract with Baird effective August 6, 1997. See
folA/.Cb\ I~')e
in this regard the Contract Amendment between Baird and Commission dated ~epte~er ~I ~
Said Contract Amendment and its terms are expressly incorporated herein;
(b) Refrain from hiring Cherry, Bekaert & Holland, L.L.P., Kent M. Plowman,
Jr., individually or as Kent M. Plowman, Jr., P.C., to perform internal auditing services or any service
pertaining to internal auditing for the Commission through and including December 31, 1998.
( c) Advise Baird of any problem areas that have already been identified pertaining
to the internal audit so that they may be monitored or investigated further as circumstances require.
2. Baird agrees to:
(a) Dismiss Civil Action File No. 97-RCCY-574 with prejudice;
(b) Acknowledge the receipt of$17,800.00 in satisfaction of an invoice dated July
28, 1997 covering billing through January, 1997 and in payment of all fees and
expenses due Baird through the date of reinstating the internal audit contract
August 6, 1997.
3. Each party shall bear its own costs, including attorney's fees and all out-of-pocket
expenses.
It is further understood and agreed that said settlement tenns are voluntarily accepted as a full
and final compromise, satisfaction and settlement of disputed claims; said settlement terms shall never
be construed as an admission of liability on the part of Baird, or Commission, or any person, firm or
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corporation, such liability being expressly denied. This instrument as read and understood contains
the entire' agreement between the parties without any inducement, promise or representation other
than here set forth.
U:rxlersigned hereby declare that the tenns of this Settlement Agreement have been completely
read and are fully understood and voluntarily accepted for the purpose of making a full and final
compromise, adjustment and settlement of any and all claims, disputed or otherwise, against each
other on aJ::count of the dispute above mentioned, and for the express purpose of precluding forever
any further or additional claims arising out of this incident.
IN WITNESS THEREOF, I have set my hand and seal this
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day of
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APPROVED:
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DAVID E. HUDSON
Georgia Bar No. 374450
L .S 0 S
Augusta- c ond Coun
Council, Chairperson-Mayor
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WILLIAM 1. ~S
Georgia Bar No. r; , i ~ (} (l)
Attorney for Augusta-Richmond County
Commission-Council
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~~AHAN
BAIRD & COMPANY
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N. SHANNON GENTRY /'
Georgia Bar No. 289904
Attorneys for Baird & Company