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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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☐ Unique & Creative |
☐ Public Hearing |
TITLE:
title
Settlement: Calder and Calder-Phillips v. City of Yuma
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SUMMARY RECOMMENDATION:
Summary Recommendation
Authorize settlement of the Calder and Calder-Phillips Claims. (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 wrongful death claim stemming from an incident on December 13, 2022.
The City’s insurance carrier engaged in early mediation to settle the two claims to avoid a lawsuit and the expenses of litigation. The parties negotiated a full and fair global settlement of $1 million to fully and finally resolve these claims. To accomplish this, the City will contribute the remainder of the City’s self-insurance retention (deductible) towards settlement and Travelers Insurance Company will pay the balance.
The City Attorney's Office recommends approval of this settlement to obtain a full and final release of all claims alleged by the Claimants.
FISCAL REQUIREMENTS:
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CITY FUNDS: |
$287,843.50 |
BUDGETED: |
$300,000.00 |
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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 |
TOTAL $287,843.50
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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 |
11/21/2023 |
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Reviewed by City Attorney: |
Date: |
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Rodney Short for Richard W. Files |
11/20/2023 |