HomeMy WebLinkAboutDefense Logistics Agency Energy 2021-09-09COU No. 2122-084
SETTLEMENT AGREEMENT
Between City of Ukiah, California and Defense Logistics Agency Energy
This Settlement Agreement (the “Agreement”) is entered into between CITY OF
UKIAH, CALIFORNIA, represented by Sage Sangiacomo, City Manager, and the DEFENSE
LOGISTICS AGENCY ENERGY (“DLA Energy”), represented by Daisy Williams,
Contracting Officer, Direct Delivery Fuels Directorate, collectively the “Parties.”
WHEREAS:
1.DLA Energy is a major subordinate command of the Defense Logistics Agency, an
agency within the United States Department of Defense.
2.DLA Energy administers the Aviation Into-Plane Reimbursement (AIR) Card program,
which is used to purchase fuel and some ground services for military and civilian agency aircraft
at commercial airports worldwide.
3.The City of Ukiah owns and operates the Ukiah Regional Airport.
4.Under California law, the United States and its agencies and instrumentalities are exempt
from the California sales tax. Cal. Rev. & Tax Code § 6381. In addition, the United States
armed forces are exempt from taxes on its purchases of motor vehicle fuel and aircraft jet fuel.
Cal. Rev. & Tax Code § 7392 (imposing a tax on the sale of aircraft jet fuel to an aircraft jet fuel
user); id. § 7389(c) (excepting the armed forces of the United States from the definition of
“aircraft jet fuel user); id. § 7401(a)(5) (exempting motor vehicle fuel sold to the United States
armed forces from the motor vehicle fuel tax); see also Cal. Code Regs, tit. 18, §§ 1134,
1137(a)(3).
5.On April 15, 2015, the Defense Finance and Accounting Service (DFAS) sent a letter to
the City of Ukiah, stating that despite the above tax exemptions it had identified erroneous
payments of excise and sales tax for the period of April 6, 2012, through November 11, 2014.
DFAS further stated that in accordance with a June 10, 2008, letter from the California Board of
Equalization, DLA Energy was unable to obtain a refund directly because a refund “may be
made only to the firm or individual who paid the tax to [the] Board.” Therefore, DFAS
requested that the City of Ukiah refund $26,500.02 in sales tax and $282.64 in excise tax
erroneously paid, hereinafter referred to as the “Refund Claim.” DFAS attached to the Refund
Claim a spreadsheet identifying each transaction for which sales or excise taxes were
erroneously paid. DFAS further advised the City of Ukiah that it could either file a claim for
refund with the California Board of Equalization or amend its tax returns and stated that DLA
Energy’s tax recovery contractor could provide assistance provided that the refund be passed on
to DFAS.
6.The parties wish to amicably resolve the Refund Claim.
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NOW THEREFORE, in consideration of the mutual promises contained herein and for
good and valuable consideration, the Parties hereby mutually agree as follows:
1.SETTLEMENT PAYMENT. Within 60 days of the effective date of this Agreement, the
City of Ukiah will pay to the Government the amount of THIRTEEN THOUSAND THREE
HUNDRED NINETY-ONE DOLLARS AND THIRTY-THREE CENTS ($13,391.33) in full
accord and satisfaction of the Tax Refund Claim. No interest shall be payable on this settlement
amount.
2.AUTHORITY TO SIGN AND ASSIGNMENT. Each person who signs this agreement
warrants that he or she is duly authorized to sign on behalf of the party the signer purports to
represent.
3.MUTUAL RELEASE OF CLAIMS. In consideration for their faithful performance of
the terms of this Agreement, the Parties, for themselves, their successors and assigns, do hereby
relinquish, waive, release, and forever discharge each other of and from any and all claims,
demands, disputes, or causes of action, known or unknown, based on, related to, or arising under
the facts giving rise to the Refund Claim.
The Parties do hereby waive any and all rights based upon the provisions of Section 1542 of the
Civil Code of the State of California, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
4. ADDITIONAL DOCUMENTS. The Parties agree to execute whatever additional
documents as may be reasonably necessary to carry out the terms, conditions, and obligations of
this Agreement.
5.INTEGRATION. This Agreement is entered into by each of the Parties without reliance
upon any statement, representation, promise, inducement, or agreement not expressly contained
herein. This Agreement constitutes the entire agreement between the Parties concerning the
aforesaid settlement and release of claims.
6.NEGOTIATED TRANSACTION. Each of the Parties has participated in the drafting
and negotiation of this Agreement. Accordingly, for all purposes, this Agreement shall be
deemed to have been drafted jointly by the Parties.
7.MODIFICATIONS. This Agreement shall not be amended, modified, supplemented, or
changed except by an agreement in writing, signed by the Parties hereto. The terms of the
Agreement are contractual and not mere recital.
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8.NON-ADMISSION OF LIABILITY. As among the Parties to this Agreement, and as
among any Party and any other person, firm, corporation, or other entity, nothing contained in
this Agreement shall be construed as an admission of liability or as an admission against interest
by any Party. This agreement will also not establish any precedent.
9.AUTHORITY. The Parties expressly represent and warrant that they have entered into
this Agreement voluntarily, with proper authority, and without any reservation.
10.GOVERNING LAW. This Agreement is to be interpreted in accordance with and
governed by the laws of the United States.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective for all
purposes as of the ____ day of June 2021.
FOR CITY OF UKIAH, CALIFORNIA
By: _________________________
Name: Sage Sangiacomo
Title: City Manager
Date: _________________
FOR DEFENSE LOGISTICS AGENCY
ENERGY
By: _________________________
Name: Daisy Williams
Title: Contracting Officer
Date: June ____, 2021 Sep 9, 2021
Defense Logistics Agency Energy - Settlement
Agreement 2122-084
Final Audit Report 2021-09-09
Created:2021-09-01
By:Kristine Lawler (klawler@cityofukiah.com)
Status:Signed
Transaction ID:CBJCHBCAABAANv1GsqvOgpu1nSA2hlg9fE1RsYgMGLW0
"Defense Logistics Agency Energy - Settlement Agreement 2122
-084" History
Document created by Kristine Lawler (klawler@cityofukiah.com)
2021-09-01 - 4:07:44 PM GMT- IP address: 12.12.163.2
Document emailed to Sage Sangiacomo (ssangiacomo@cityofukiah.com) for signature
2021-09-01 - 4:08:32 PM GMT
Document e-signed by Sage Sangiacomo (ssangiacomo@cityofukiah.com)
Signature Date: 2021-09-09 - 8:46:02 PM GMT - Time Source: server- IP address: 12.12.163.2
Agreement completed.
2021-09-09 - 8:46:02 PM GMT