Resolution 6658 - Laserfiche WebLink

NOW,THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVERETT THAT: 1. Authorization to Settle Claims. The Mayor is authorized to direct City staff to compromise and settle all reasonable claims against the City arising from the storm events of August 29, 2013,and September 6,2013. This authorization is subject to the following guidelines: a. Damages Allowed. This authorization allows payment, in accordance with the City's claims adjustment processes, of all reasonable and documented costs associated with the clean- up and repair of property physically damaged by water from the City's sewer and stormwater system during the storm events of August 29, 2013, and September 6,2013. b. Inspection and Backwater Valve Required. Prior to any payment on a claim,the claimant must authorize in writing, on forms approved by the City Attorney, inspection at the City's cost of the claimant's property for the purpose of inspecting plumbing and drainage. If the inspection determines that a backwater valve or other device may be useful to prevent future water damage and the property does not have a backwater valve currently in place (or if the inspection determines that the currently-in-place backwater valve is defective, improperly located,or is otherwise improperly functioning and not repairable),the claimant must authorize, prior to payment on any claim and on forms approved by the City Attorney,the installation of a backwater valve or other device as recommended by the inspection at the City's cost. c. Denial of Claims. City staff may deny a claim or otherwise adjust a claim if City staff has clear evidence that a claimant's act or omission was the primary cause of the property damage, for reasons such as those listed below: • claimant's side sewer had a blockage which caused the flooding • claimant refused to allow installation of a backwater valve in accordance with City recommendations under the City's 2010 backwater valve program • claimant did not properly maintain the backwater valve installed by the City's 2010 backwater valve program • claimant failed to follow City recommendations from the inspections done in connection with the City's 2010 backwater valve program that, if implemented,would have prevented the property damage • claimant refused to allow inspection of claimant's property in connection with the City's 2010 backwater valve program, and such inspection would have revealed that a backwater valve was necessary • claimant's property damage was at least in part caused by improvements that were installed without required permits d. Release. In exchange for payment,the claimant must release all claims against the City arising from or relating to the storm events of August 29, 2013, and September 6, 2013,with the release in a form approved by the City Attorney. 3