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TITLE: t
Settlement: Heebink Claim
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SUMMARY RECOMMENDATION: Summary Recommendation
Authorize settlement of a Notice of Claim submitted on behalf of Christian Heebink. (City Attorney) (Richard Files)
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STRATEGIC OUTCOME:
The resolution of this claim supports the City Council’s Respected and Responsible strategic outcome.
REPORT:
This claim stems from a rear-end traffic accident involving a City employee driving a City of Yuma Police vehicle on October 5, 2023. On or about February 15, 2024, Mr. Heebink submitted a Notice of Claim seeking $100,000.00 to settle his personal injury and property damage claims. Mr. Heebink’s total medical costs were $20,401.00 and his vehicle property damage was valued at $5,572.82. After negotiations, Mr. Heebink, through his attorney, agreed to settle his personal injury and property damage claims for $45,000.00. All settlements over $25,000.00 are subject to City Council approval.
The City Attorney's Office recommends approval of this settlement to obtain a full and final release of all claims alleged by the claimant.
Adoption of this motion authorizes and directs the City Attorney’s Office to settle the Heebink claim for $45,000.00 for personal injuries and property damage.
FISCAL REQUIREMENTS:
CITY FUNDS: |
$ 45,000.00 |
BUDGETED: |
$ 45,000.00 |
STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
TOTAL $ 45,000.00
502-20-10.6305 |
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To total; right click number & choose “Update Field” |
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FISCAL IMPACT STATEMENT:
NONE
ADDITIONAL INFORMATION:
SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:
NONE
IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?
☐ Department
☐ City Clerk’s Office
☐ Document to be recorded
☐ Document to be codified
Acting City Administrator: |
Date: |
John D. Simonton |
6/18/2024 |
Reviewed by City Attorney: |
Date: |
Richard W. Files |
6/17/2024 |