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HomeMy WebLinkAbout11/02/2010 13 Claims Settlement Authority Renewal • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No X13 For Meeting of November 2, 2010 ITEM TITLE Consideration of 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 $100,000 or less, and to execute all documents necessary to the resolution or settlement of such claims SUBMITTED BY Helen A. Harvey, Senior Assistant City Attorney CONTACT PERSON /TELEPHONE Helen A. Harvey, 575 -6030 SUMMARY EXPLANATION 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 ( "WSTIP ") as of September 1, 2005 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 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 him by the City Council The resolution, which is similar to Resolution No R- 2008 -156 that was adopted by the City Council on October 20, 2009, will continue to authorize the City Manager to resolve claims against or by the City for the total amount of $100,000 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 2011 Resolution X Ordinance Other (Specify) Contract Mail to (name and address). Phone Funding Source will depend on claim type Risk Management Reserve Fund for some claims, Workers Compensation Reserve Fund for workers compensation claims, and other funds as applicable to the specific type of claim APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt Resolution BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION • RESOLUTION NO R- 2010 - 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 $100,000 or less, and to execute all documents necessary to the resolution or settlement of 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 him 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 $100,000 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 $100,000 or less, and WHEREAS, at a City Council meeting before the end of 2011, the City Council desires to consider whether this settlement authorization of the City Manager will be continued in the total amount of $100,000 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 $100,000 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 2011, so the Council can consider whether this settlement authorization of the City Manager will be continued for the total amount of $100,000 or less ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2010 Micah Cawley, Mayor ATTEST Deborah Kloster, City Clerk •