HomeMy WebLinkAbout01/04/2022 06.J. 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
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.J.
For Meeting of: January 4, 2022
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 B leek, 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. The resolution authorizing the City Manager to
settle claims in an amount up to $50,000 expired on December 31, 2021. This resolution will
authorize the City Manager, until such time the Council revises such authority, 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 would align the City Manager's
current authority to sign contracts with a value of up to $100,000 with his authority to execute
settlement agreements, which are a type of contract.Additionally, an increase in settlement
authority is a return to the pre-2016 status quo. Dating back to at least 2002, the City Manager's
settlement authority was $100,000, which, adjusted for inflation, is $154,500 in today's dollars.
For further context, over the last four years two claims have settled for between $50,000 and
$100,000.
Should the resolution pass, the City Council would continue to approve all claim settlements
exceeding $100,000.Additionally, City Council is apprised on a quarterly basis of all claims
settled by the City, regardless of dollar amount, via a quarterly claims report.
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.
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ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description Upload Date Type
❑ Resolution-CM Settlement Authority 12/22/2021 1 11 11
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RESOLUTION NO. R-2022-
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 4'h day of January, 2022.
ATTEST: Mayor
Sonya Clear Tee, City Clerk