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File #: MC 2023-188    Version: 1 Name:
Type: motion Status: Passed
File created: 11/15/2023 In control: City Council Meeting
On agenda: 12/6/2023 Final action: 12/6/2023
Title: Settlement: Calder and Calder-Phillips v. City of Yuma

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

City Attorney

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

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Unique & Creative

Public Hearing

 

TITLE:

title

Settlement: Calder and Calder-Phillips v. City of Yuma

end

 

SUMMARY RECOMMENDATION:

Summary Recommendation

Authorize settlement of the Calder and Calder-Phillips Claims. (City Attorney) (Richard Files)

 

end

 

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:

CITY FUNDS:

$287,843.50

BUDGETED:

$300,000.00

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                     $287,843.50

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To total; right click number & choose “Update Field”

 

 

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

11/21/2023

Reviewed by City Attorney:

Date:

Rodney Short for Richard W. Files

11/20/2023