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04/03/2012 04C Sewer Backup Claim Resolution - Marlene Amos yy 4! 7k BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 4 Item No. ^1 L d • For Meeting of: April 3, 2012 ITEM TITLE: Resolution authorizing the City Manager of the City of Yakima to consent to final payments to settle and resolve a sewer backup claim filed by Marlene Amos. SUBMITTED BY: Legal Department CONTACT Helen A. Harvey, Senior Assistant City Attorney, 575 -6030 PERSON /TELEPHONE: SUMMARY EXPLANATION: On June 1, 2011, a claim for damages was filed with the City by Marlene L. Amos relating to • a sewer backup that occurred on May 30, 2011, at her residence located in the 5700 block of Haven Way, Yakima. The Resolution authorizes the City Manager to consent to an additional final payment for the work MJ Construction performed regarding contents handling, including transportation, inventory, cleaning, boxing, and storage of residence contents, and to final settlement payment with the claimant related to some out of pocket expenses and personal property that was not salvageable. Because of the City's deductible amount of $100,000, the total remaining portion of the settlement that the City would pay is $12,382.28, with the remaining amount of the final payments to be paid by CIAW, not the City. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Risk Management Fund and CIAW Phone: Source: APPROVED FOR City Manager SUBMITTAL: ,Frze.,>,:e_Th...y STAFF RECOMMENDATION: Adopt Resolution. - BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download A Resolution authorizing the City Manager of the City of Yakima to consent to final payment to settle and resolve a sewer backup claim filed by Marlene Amos. RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager of the City of Yakima to consent to final payment to settle and resolve a sewer backup claim filed by Marlene Amos. WHEREAS, on June 1, 2011, a claim for damages was filed against the City by claimant Marlene L. Amos relating to a sewer backup that occurred on May 30, 2011, at her residence located in the 5700 block of Haven Way in Yakima, Washington; and WHEREAS, previous payments on this claim have been made by CIAW on behalf of the City in the amount of $69,409.02, for the portion of work relating to repair of the residence which was performed by MJ Construction, and in the amount of $5,000.00 to the claimant Marlene Amos for certain damages; and WHEREAS, a partial Release and Settlement Agreement was executed by the claimant and her attorney on October 17, 2011; and WHEREAS, MJ Construction has requested a final payment in the total amount of $33,104.62 for the work MJ Construction did or had performed regarding contents handling, including transportation, inventory, cleaning, boxing, and storage of the residence contents; and WHEREAS, any amount of the settlement over the City's $100,000.00 deductible is • to be paid by CIAW, and not the City, and the remaining amount on the City's deductible is $12,382 28 due to prior payments on this claim and a related claim for a sewer backup on May 31, 2011 in a nearby residence in the 5800 block of Haven Way; and WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City to authorize the City Manager to consent to the final payments on the claim; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is authorized to consent to an additional final payment in the amount of $33,104 62 which total amount will be paid by the City of Yakima in the amount of $12,382.28 and by CIAW in the amount of $20,722.34 relating to services performed by MJ Construction. The City Manager is further authorized to consent to a final settlement with the claimant for out of pocket expenses totaling approximately $1,050.25, and for personal property that was not salvageable in an amount to be approved by the City Attorney, which amounts are to be paid by CIAW, not the City. ADOPTED BY THE CITY COUNCIL this day of April, 2012. Micah Cawley, Mayor ATTEST: City Clerk