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HomeMy WebLinkAboutR-1991-D5921 DSHS / State of Washington / Jail• • RESOLUTION NO.DP95921 A RESOLUTION authorizing the execution of a Settlement Agree- ment and Stipulation for Dismissal of Action Against the Department of Social and Health Services and the State of Washington. WHEREAS, in 1989, the City of Yakima joined with other local governments in a lawsuit against the State of Washington Department of Social and Health Services to recover a portion of medical expenses incurred by City prisoners incarcerated in the Yakima County jail; and WHEREAS, partial summary judgment has been granted in favor of the City of Yakima as well as other local governments in this lawsuit and the only issue remaining for trial is the amount of recovery due the City of Yakima; and WHEREAS, the State of Washington Department of Social and Health Services desires to settle the City of Yakima's claim of $19,020.00 for the amount of $9,327.37 and the City Council concurs in this request; and WHEREAS, the settlement amount is that amount of reim- bursement which should have been paid to the City under the terms and conditions of the Washington State Department of Social and Health Servicesmedical reimbursement program, now, therefore, BE IT RESOLVED BY TBE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Settlement Agreement and Stipulation for Dismissal of Action Against the Department of Social and Health Services and the State of Washington. ADOPTED BY THE CITY COUNCIL this 21st day of May 1991. ATTEST: City Clerk (res/dshs.jv) C.- 1,1-1 c- Mayor SETTLEMENT AGREEMENT AND STIPULATION FOR DISMISSAL OF ACTION AGAINST THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES AND THE STATE OF WASHINGTON May This agreement is made on this day of April, 1991, between Plaintiff City of Yakima and Defendants Department of Social and Health Services and the State of Washington. Whereas, Plaintiff has a cause of action against the Defendants Department of Social and Health Services and the State of Washington arising out of a claim for damages and declaratory relief in connection with payment for inmates incarcerated in Yakima County jail by the City of Yakima. Whereas, an action has been commenced in the Superior Court of the State of Washington for Thurston County, Cause No. 89-2-02123-1, against Defendants to recover damages and for declaratory relief; and Whereas, Plaintiff City of Yakima and Defendants, Department of Social and Health Services and the State of Washington, wish to resolve the dispute between them by this Settlement Agreement. Whereas, there is no intent by Plaintiff and Defendants Department of Social and Health Services and the State of Washington, to benefit any other entity or individual named or unnamed as a result of this agreement, the sole intent being that this agreement should be for their benefit, and no other entity or individual should be a third party beneficiary hereof; and Whereas, Defendants Department of Social and Health Services and the State of Washington expressly deny any liability for Plaintiff City of Yakima's claims for relief but desire to avoid the uncertainties and inconvenience of this litigation and the expenses thereto. - 1 - IT IS HEREBY AGREED: 1. That Plaintiff City of Yakima will accept the payment of Nine -Thousand Three Hundred Twenty -Seven Dollars and 37/100 ($9,327.37) as full payment for all claims against Defendants Department of Social and Health Services and the State of Washington arising out of Thurston County Cause No. 89-2-02123-1 and that Plaintiff City of Yakima, or its assignees, will never bring any other lawsuit, claim or other demand against these Defendants arising from its claims in the above described action, Thurston County Superior Court Cause No. 89-2-02123-1. 2. That Plaintiff City of Yakima and Defendants Department of Social and Health Services and the State of Washington, will enter a stipulated dismissal with prejudice of Thurston County Superior Court Cause No. 89-2-02123-1, each party to bear its own costs. ATTEST: City Clerk U t CO4feRACf NO. 9/-431-40-5o;/ CNSS7T-\ Richard A. Zais Jr. (Name) City Manager (Title) for Plaintiff City of Yakima THOMAS J. WEST Attorney for Plaintiff City of Yakima KENNETH O. EIKENBERRY Attorney General MELISSA BURKE-CAIN, WSBA #12895 Assistant Attorney General Attorneys for Defendants