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11/16/2021 04.L. Resolution authorizing a settlement agreement by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the claim brought by Marie Bossert 1 14-4111\l'A 1—coi• oriV4 rr 11 !Id "i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.L. For Meeting of: November 16, 2021 ITEM TITLE: Resolution authorizing a settlement agreement by Cities Insurance Association of Washington ("CIAW") and Munich Reinsurance to resolve and settle the claim brought by Marie Bossert SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: This matter is on for consideration of a Resolution consenting to a settlement entered into by CIAW and Munich Reinsurance to resolve and settle the claim brought by Marie Bossert. The plaintiff filed her lawsuit on August 17, 2018, Yakima County Superior Court Case No. 18-2- 02874-39 entitled Marie Bossert v. City of Yakima. The claim of the above-named plaintiff against the City of Yakima was settled by CIAW and Munich Reinsurance through a mediation held on October 22, 2021, subject to Yakima City Council's approval. A copy of the agreement is included. The amount to be paid on behalf of the City of Yakima towards settlement of plaintiffs' claims is $400,000, all of which shall be paid by the City's insurance through CIAW and Munich Reinsurance. The City of Yakima has already paid its deductible for this claim and is paying no money toward settlement of plaintiff's claim. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution-Settlement of Bossert v. City of Yakima 11/2/2021 Resolution 0 Settlement Agreement-Bossert, Marie v. City 11/2/2021 Presentation 2 RESOLUTION NO. R-2021- A RESOLUTION approving the conditional settlement agreement entered into by Cities Insurance Association of Washington ("CIAW') and Munich Reinsurance to settle the claim brought against the City of Yakima by Marie Bossert WHEREAS, on August 17, 2018, a lawsuit was filed in Yakima County Superior Court Case No. 18-2-02874-39 entitled Marie Bossed v. City of Yakima; and WHEREAS, through a mediation, settlement with plaintiff Marie Bossert in the amount of $400,000 was reached between CIAW and Munich Reinsurance to resolve and conclude plaintiff's claim in the matter; and WHEREAS, plaintiff agreed to execute a Release agreement upon approval of the proposed settlement by the Yakima City Council; and WHEREAS, the entire amount of the City of Yakima's portion of the settlement is to be paid by CIAW and Munich Reinsurance, and the City of Yakima is paying no money toward settlement of the plaintiff's claims; 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 a settlement entered into by CIAW and the plaintiff to resolve and conclude plaintiffs claims, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima approves the settlement entered into by CIAW and Munich Reinsurance to resolve and settle the claims brought by the above-named plaintiff, which will be paid by CIAW and Munich Reinsurance. The City Manager and/or the City's legal counsel are hereby authorized to execute all documents necessary to conclude settlement as consistent with this Resolution. ADOPTED BY THE CITY COUNCIL this 16th day of November, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 Dear Counsel: Marie Bossed, Plaintiff v. City of Yakima, Defendant Yakima County Superior Court No. 18-2-02874-39 This will confirm that the above matter has been resolved on the following terms and conditions: 1 . Subject to approval by the Yakima City Council- which shall be placed on the agenda for its next meeting on November 15, 2021 : Defendant shall pay to Plaintiff$400,000.00; said check shall be payable to Seattle Employment Law Group, PLLC in trust for Marie Bossed ; 2. Plaintiff shall execute a release of all claims; Plaintiffs counsel shall provide its W-9; 3. The parties will cooperate in formalizing this settlement with appropriate documentation; 4. Upon payment, the pending claim will be dismissed with prejudice and without costs or attorneys fees; 5. Once the terms of this settlement have been confirmed by all parties, then these emails, taken together, will constitute a binding settlement agreement and copies of the same may be introduced into evidence in any proceeding to enforce this settlement. CR2A. If the foregoing meets with your approval, please so indicate by "reply to all" and stating your concurrence. If clarification or additional terms are needed, please so advise in the same fashion.