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STRATEGIC OUTCOMES |
ACTION |
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Department: |
☐ Safe & Prosperous |
☒ Motion |
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City Attorney |
☐ Active & Appealing |
☐ Resolution |
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☒ Respected & Responsible |
☐ Ordinance - Introduction |
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Division: |
☐ Connected & Engaged |
☐ Ordinance - Adoption |
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Risk Management |
☐ Unique & Creative |
☐ Public Hearing |
TITLE: t
Authorize Settlement: Aguilera Notice of Claim
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SUMMARY RECOMMENDATION: Summary Recommendation
Authorize settlement of the Aguilera Notice of Claim. (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 settlement involves a personal injury claim stemming from an injury to a minor child on September 2, 2021, at Carver Park. Attorneys for the family initially sought $450,000 to resolve the claim, but later amended to $150,000.
The minor was using a slide and sustained a deep cut to his arm. Some months prior to the incident, City Parks staff closed this slide and ordered a replacement. Approximately two (2) days prior to the incident, unknown vandals ripped off the safety panels closing the slide and left several screws exposed.
A review of records confirms City Parks staff worked on the slide and Park landscaping the day before the incident. The vandalism is believed to have taken place at night, most likely the night before injury occurred.
The City Attorney’s Office engaged in early settlement negotiations with Plaintiff’s counsel prior to litigation and has reached a settlement of $25,000 with Plaintiff’s counsel placing the funds in a conservatorship for the benefit of the minor.
The amount reflects a fair resolution to the matter given it was caused at a public park by unknown vandals at night. Recent changes to Parks operation and City Council’s amendments to operation hours should assist in precluding opportunities for vandals to cause injury to the public in the future.
The City Attorney's Office recommends approval of this settlement to obtain a full and final release of all claims alleged by the Claimant.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$ 25,000.00 |
BUDGETED: |
$ 25,000.00 |
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STATE FUNDS: |
$ 0.00 |
AVAILABLE TO TRANSFER: |
$ 0.00 |
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FEDERAL FUNDS: |
$ 0.00 |
IN CONTINGENCY: |
$ 0.00 |
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OTHER SOURCES: |
$ 0.00 |
FUNDING: ACCOUNT/FUND #/CIP |
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TOTAL |
$25,000.00 |
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
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Acting City Administrator: |
Date: |
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John D. Simonton |
09/23/2024 |
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Reviewed by City Attorney: |
Date: |
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Richard W. Files |
09/23/2024 |