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12/07/2021 04.E. Resolution authorizing 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 for such claims. 1 1-411111&1',\ cut • rr 11 i ',i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.E. For Meeting of: December 7, 2021 ITEM TITLE: Resolution authorizing 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 for such claims. SUBMITTED BY: Ryan Bleek, Senior Assistant City Attorney SUMMARY EXPLANATION: The City Charter, Municipal Code and State 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 resolution will authorize the City Manager to resolve claims against or by the City in the 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. The increase in settlement authority from $50,000 to $100,000 represents a return to the pre-2016 status quo and also addresses the erosion of dollar value due to several years cumulative inflation. 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 insured by Safety National for other claims, with deductibles of$500,000 or$750,000, depending upon the source and nature of the 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 ID Resolution-CM Settlement Authority 11/15/2021 Resolution 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing 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 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 City Council; and WHEREAS, RCW 35.18.060 provides that the City Manager is to perform such duties as are determined and directed by the City Council by ordinance or resolution; and WHEREAS, the City 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 settlement 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; 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. ADOPTED BY THE CITY COUNCIL this 7'h day of December, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk