HomeMy WebLinkAboutR-1991-D5921 DSHS / State of Washington / Jail•
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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