IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
A RESOLUTION authorizing the Acting County Counselor to settle claims arising from property damage at the Truman Medical Center Lakewood facility, for a total payment by the County of $537,275.26 from insurance proceeds.
Intro
RESOLUTION # 17180, February 22, 2010
INTRODUCED BY Henry C. Rizzo, County Legislator
Body
WHEREAS, on or about June 18, 2009, a break occurred in the chiller system at the Truman Medical Center Lakewood facility resulting in a leak and subsequent property damage (the Incident); and,
WHEREAS, after a thorough investigation and negotiations, the Acting County Counselor recommends settlement, whereunder the amount of $537,275.26 would be paid by the County to Truman Medical Center, Inc., from insurance proceeds as full and final settlement of any claim arising from the Incident; and,
WHEREAS, the proposed settlement is in the best interest of the health, safety and welfare of the citizens of Jackson County; now therefore,
BE IT RESOLVED by the County Legislature of Jackson County, Missouri, that the Acting County Counselor be and hereby is authorized to settle the claims of Truman Medical Center relating to the Incident herein described, with a total payment of $537,275.26, in full, final and complete release of all claims against the County and all of its employees, officers, agents and servants as to any damages incurred; and,
BE IT FURTHER RESOLVED that the Acting County Counselor be and hereby is authorized to execute any and all documents necessary to effect this settlement; and,
BE IT FURTHER RESOLVED that the Director of Finance and Purchasing be and hereby is authorized to issue checks in an amount totaling $537,275.26, in full and complete settlement of this claim, pursuant to the specific direction of the Acting County Counselor.
Enacted and Approved
Effective Date: This Resolution shall be effective immediately upon its passage by a majority of the Legislature.
APPROVED AS TO FORM:
________________________________ _______________________________
Deputy/Assistant County Counselor Acting County Counselor
Certificate of Passage
I hereby certify that the attached resolution, Resolution # 17180 of February 22, 2010, was duly passed on February 22, 2010 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _________9___________ Nays _________0__________
Abstaining _______0_______ Absent ________0_________
_____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
Fiscal Note
There is a balance otherwise unencumbered to the credit of the appropriation to which the expenditure is chargeable and there is a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made each sufficient to provide for the obligation herein authorized.
ACCOUNT NUMBER: 060 5160 56380
ACCOUNT TITLE: Self Insurance Fund
Non-Departmental
Uninsured Claimants
NOT TO EXCEED: $537,275.26
_______________________ _________________________________
Date Director of Finance and Purchasing