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HomeMy WebLinkAboutCAG2023-132 - Original - Marcy Steinberg - 22-2-04272-9 KNT Settlement Agreement and Release - 01/11/2023Ap p r o v a l Originator:Department: Date Sent:Date Required: Director or Designee to Sign. Interlocal Agreement Uploaded to Website: Date of Council Approval: Grant? Yes No Type: Re v i e w / Si g n a t u r e s / R o u t i n g Comments: Date Routed to the City Clerk’s Office: Ag r e e m e n t I n f o r m a t i o n Vendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: Dir/Dep: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A 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