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File #: 17-0122    Version: 1
Type: Consent - Staff Report Status: Agenda Ready
In control: City Council Regular Meeting
On agenda: 3/21/2017 Final action:
Title: Settlement and Release with Marsha Weiss (City Attorney Barrow and Human Resources Director Zadroga-Haase). APPROVE
Attachments: 1. Settlement and Release

TO:

Honorable Mayor and Members of the City Council

 

THROUGH:

Mark Danaj, City Manager

 

FROM:

Quinn Barrow, City Attorney

Teresia Zadroga-Haase, Human Resources Director

                     

SUBJECT:Title

Settlement and Release with Marsha Weiss (City Attorney Barrow and Human Resources Director Zadroga-Haase).

APPROVE

Line

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Recommended Action

RECOMMENDATION:

Staff recommends that the City Council approve the settlement and release in the amount of $26,000 with Marsha Weiss.

Body

FISCAL IMPLICATIONS

The $26,000 settlement will be paid out of existing appropriations in the insurance fund.

 

BACKGROUND

This claim stems from a City sewage back up that allegedly caused flooding in the residence of Marsha Weiss.  This is a general liability claim and the City’s self-insured retention (SIR) for general liability claims is $500,000.  The full value of this settlement is within the City’s SIR.


DISCUSSION

Due to the nature of the claim, we recommended settlement discussions to avoid litigation costs.  After negotiations, Ms. Weiss agreed to settle her claim for $26,000 in return for a full release of all claims arising from the incident.

 

Consistent with Council direction to place proposed settlements on Council agendas, the proposed settlement agreement is attached for Council consideration.


LEGAL REVIEW
The settlement and release document has been prepared by and approved by Special Counsel as to legal form.

 

CONCLUSION

Staff recommends that City Council approve the settlement and release and authorize the City Manager to execute the agreement.

 

Attachment:
1.                     Settlement and Release