HomeMy WebLinkAboutR-2012-044 Sewer Backup Claim Resolution - Marlene AmosRESOLUTION NO. R- 2012 -44
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 TO day of April, 2012
Micah Cawley, Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT ! L
Item No. ^1
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:
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
LI 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
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