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10/15/2019 06K City Manager Claims Settlement Authorization 't..an,gtntj ka d E$A aY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of: October 15, 2019 ITEM TITLE: Resolution authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of$50,000 or less, and to execute all documents necessary for such claims SUBMITTED BY: Helen Harvey, Senior Assistant City Attorney SUMMARY EXPLANATION: The City Charter, Municipal Code and statutes authorize the City Manager to administer financial matters, countersign warrants, approve claim vouchers, and perform other duties required of the City Manager by the City Council. This annual resolution is similar to annual Resolution No. R- 2018-125 that was adopted by the City Council on November 6, 2018. The authority amount is $50,000 rather than $100,000 authorized in annual resolutions for 13 years from November 26, 2002 to June 14, 2016, when the City Council passed a motion to lower the settlement authority amount to $50,000. This resolution will continue to authorize the City Manager to resolve claims against or by the City for the total amount of$50,000 or less, and to execute all documents necessary to the resolution or settlement of such claims against or by the City. A similar resolution will be presented to the City Council for its review and consideration at a City Council meeting before the end of 2020. The City of Yakima is self-insured for most property and general liability damage claims. The Transit Division is in the Washington State Transit Insurance Pool ("WSTI P") as of September 1, 2005, with a$0 deductible. The City of Yakima is in the Cities Insurance Association of Washington ("CIAW")for other claims effective December 14, 2005, with a$100,000 deductible. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR � -� Interim CityManager SUBMITTAL: L �' _t - g 2 STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution 1011/2019 Resolution 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing annual renewal of the City Manager's authority to resolve and settle any claims against or by the City of Yakima in an amount of$50,000 or less, and to execute all documents necessary for such claims WHEREAS, Article II, Section 9 of the City of Yakima Charter and Yakima Municipal Code 1.18.010 provide that the City Manager has general supervision over the administrative affairs of the municipality, and is to perform such other duties as the Council may determine by ordinance or resolution; and WHEREAS, Yakima Municipal Code 1.18.010(6) and (7) provide that the City Manager is to administer all finance and fiscal matters of the City and countersign warrants and approve claim vouchers, and perform such other duties as may be required of the City Manager by the Council; and WHEREAS, RCW 35.18.060 provides that the City Manager is to perform such duties as are determined by the City Council by ordinance or resolution; and WHEREAS, the Council finds it desirable and appropriate to delegate to the City Manager the power and authority to resolve claims against or by the City for the total amount of$50,000 or less; and WHEREAS, the City Council finds it to be in the best interest of the City to ratify and authorize the City Manager's authority to execute all necessary documents relating to resolution or settlement of claims against or by the City for the total amount of$50,000 or less; and WHEREAS, at a City Council meeting before the end of 2020, the City Council desires to consider whether this settlement authorization of the City Manager will be continued in the total amount of $50,000 or less; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and ratifies the authority of the City Manager to resolve and settle any claims against or by the City for the total amount of$50,000 or less, and to execute all necessary documents, including settlement agreements relating to such claims, and to authorize and approve the issuance of warrants pursuant to the resolution of such claims. The City Council further directs that a similar resolution be presented at a City Council meeting before the end of 2020, so the Council can consider whether this settlement authorization of the City Manager will be continued for the total amount of $50,000 or less. ADOPTED BY THE CITY COUNCIL this 15th day of October, 2019. ATTEST: Kathy Coffey, Mayor Sonya Clear Tee, City Clerk