HomeMy WebLinkAboutCAG2023-132 - Original - Marcy Steinberg - 22-2-04272-9 KNT Settlement Agreement and Release - 01/11/2023Ap
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rev. 20210513
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SETTLEMENT AGREEMENT AND RELEASE
Steinberg v. City of Kent
(King County Superior Court; Case No. 22-2-04272-9 KNT)
Identity of Releasees
As used in this document, the term "Releasees" means:
• The City of Kent and its current and former employees, officers,
volunteers, elected officials, departments, insurers, reinsurers, attorneys,
and representatives;
• All other persons or entities for whose conduct the City of Kent might be
liable; and
• All other persons or entities whom the City of Kent might be obligated to
defend or indemnify.
Collision and Lawsuit
As used in this document, "the Collision" refers to the July 23, 2019, collision in
which I was hit by a car driven by Arthur Dean.
As used in this document, "the Lawsuit" refers to Steinberg v. City of Kent, King
County Superior Court Case No. 22-2-04272-9 KNT.
Settlement Payment and Release
In consideration for the settlement payment to me of Four Hundred Seventy -Five
Thousand Dollars ($475,000), 1 hereby release and forever discharge the Releasees
from all claims, demands, debts, penalties, liabilities, damages, and causes of action
arising out of the Collision and all other claims that were or could have been asserted in
the Lawsuit.
This release is made on behalf of myself and my heirs, assigns, beneficiaries,
and personal representatives.
This is a release of all claims of whatever kind or nature, whether legal,
equitable, contractual, or statutory, including any claim I might have under the Public
RELEASE OF ALL CLAIMS BY MARCY STEINBERG - Page 1 of 5
Records Act. Furthermore, this is a release of all claims known or unknown. The
provisions of any law, rule, or principle providing that a release shall not extend to
unknown or unsuspected injuries, damages, or claims are expressly waived. This is also
a release of any potential claim for fees, costs, or interest.
I also hereby withdraw and close any public -records requests made by me or my
agents, including my attorneys, relating in any way to the Collision or the Lawsuit. I will
make no other requests for records pertaining to these subjects, nor will my agents
make any such requests on my behalf.
The settlement check will be made payable to "Reed Longyear in trust for Marcy
Steinberg." It will be delivered to my attorney Greg Porter within thirty (30) days after
this executed release and a completed W-9 form for Reed Longyear are delivered to
Geoff Grindeland, the attorney for the City of Kent.
Dismissal of Lawsuit
I shall promptly dismiss the Lawsuit. I hereby authorize and direct my attorneys
to take whatever actions necessary to dismiss, with prejudice and without an award of
fees or costs to any party, the Lawsuit. And I further agree to cooperate with Releasees
in establishing the reasonableness of this settlement upon request.
Governing Law, Jurisdiction, and Venue
This release and the settlement it effectuates shall be governed by the law of the
State of Washington. I agree to submit to the jurisdiction of King County Superior Court
for any disputes arising out of this release and settlement.
No Representations or Admissions by Releasees
This release is entered into solely in consideration of the settlement payment
RELEASE OF ALL CLAIMS BY MARCY STEINBERG - Page 2 of 5
recited above, without reliance on any statement or representation by the Releasees. It
is further understood and agreed that this consideration is being paid as a compromise
and settlement of disputed claims and in no way constitutes an admission by the
Releasees of any fault, wrongdoing, or liability.
No Tax Advice
The Releasees have not made any representations regarding potential taxation
of the settlement payment. I will seek independent advice regarding that topic. The
Releasees shall not be responsible or liable for anything in relation to the tax
consequences of this agreement, and I agree to indemnify them in that regard.
Authority to Settle All Claims
I represent and warrant that I have the exclusive right and sole authority to settle
this matter, to execute this release, and to receive the consideration recited above.
further represent and warrant that no portion of any claim, demand, debt, liability,
damage, cause of action, recovery, or settlement to which I may be entitled from
Releasees has been assigned or transferred to any other person or entity.
Defense, Indemnification, and Hold Harmless
I shall satisfy all claims, demands, obligations, costs, liabilities, or expenses
arising out of this matter, including claims by Medicare, Medicaid, Social Security, the
Department of Labor and Industries, insurers, worker's compensation providers,
attorneys, healthcare providers, and any other persons, entities, or agencies asserting a
lien, subrogation interest, right to payment, or right to reimbursement of any kind,
including any automatic liens or obligations created by federal or state law. I shall hold
Releasees harmless and defend and indemnify them against all such liens, claims,
RELEASE OF ALL CLAIMS BY MARCY STEINBERG - Page 3 of 5
obligations, costs, liabilities, or expenses, including all expenses of investigation,
attorney's fees, and costs Releasees may incur in connection therewith.
I further agree to hold the Releasees harmless and defend and indemnify them
against all claims, demands, or causes of action by my spouse, children, parents,
siblings, other relatives, or beneficiaries for loss of financial support, loss of consortium,
or any other loss arising from the Incident or the Lawsuit.
Additional Terms regarding Medicare and Medicaid
At the time of the Incident, I was insured under Medicare and/or a Medicaid
program. It is not the purpose of this agreement to shift responsibility for medical care to
the Medicare or Medicaid systems. On the contrary, I acknowledge Medicare's and
Medicaid's interest under 42 U.S.C. § 1395y(b) and related regulations to the extent
Medicare or Medicaid made any conditional payments related to the Incident.
I represent and warrant that I have reported this claim to the Centers for
Medicare & Medicaid Services (CMS). I shall promptly send a copy of this agreement to
CMS and request a final -demand letter. I shall then reimburse Medicare or Medicaid for
any conditional payments related to the Collision within sixty (60) days of receipt of the
final -demand letter.
I further direct my attorney to hold the settlement payment under this agreement
in trust and not to disburse any of the funds to me, Reed Longyear, or anyone else until
Medicare's and Medicaid's interests are satisfied.
I hereby waive any right to a private cause of action under 42 U.S.C. §
1395y(b)(3)(A).
RELEASE OF ALL CLAIMS BY MARCY STEINBERG - Page 4 of 5
Binding Contract
The terms of this release are contractual, not mere recitals. No mistake (whether
a mistake of law or fact) will constitute a basis for rescission or reformation of this
release or render any portion of this release void or voidable.
Capacity
I have the capacity to understand and execute this release, which I am signing
voluntarily and under penalty of perjury under the laws of the State of Washington.
Finally, I have carefully read this release, and my attorney has explained its
legal implications to me.
1 /11 /2023
Date
Attorney's Acknowledgment
We will not disburse any settlement funds to our client Marcy Steinberg, to our
firm, or to anyone else until Medicare and Medicaid are reimbursed for any conditional
payments they made related to the Collision.
REED LONGYEAR MALNATI CORWIN
& BURNETT
1 /11 /2023
4-,�PJ2 �-
Date Jason YA1. Bu ett, W A No. 05 6
Gregory L. orter, WSBA No. 53003
RELEASE OF ALL CLAIMS BY MARCY STEINBERG - Page 5 of 5