RES 2010-16 SETTLE ANY CLAIMS AGAINST OR BY THE CITY IN AN AMOUNT OF $30,000 OR LESS,RESOLUTION NO. 2010 "
A RESOLUTION authorizing the City Manager of the City of
Bainbridge Island to resolve and settle any claims against or by the
City in an amount of $30,000 or less, and to execute all documents
necessary for the resolution or settlement of such claims.
WHEREAS, each year the City of Bainbridge Island receives a number of damage claims
and is subject to a number of lawsuits; and
WHEREAS, dependent upon a number of factors (i.e., facts and circumstances, potential
liability exposure, and costs and resources associated with defending the respective claim), some
of these claims and/or lawsuits are appropriate for settlement discussions and resolution short of
litigation; and
WHEREAS, consistent with RCW 3 5A.11.010 (which provides in part that the City may
"by and through its legislative body" enter into contracts), settlement agreements are generally
considered and approved by City Council in open public session; and
WHEREAS, it is recognized that such Council approval is not necessary for any
settlement/release agreement that is authorized by Washington Cities Insurance Authority
("WCIA") when WCIA provides the entire settlement payment and the City has no contractual
obligations under such settlement/release agreement; and
WHEREAS, RCW 35A.13.080(1) provides that the City Manager shall have general
supervision over the administrative affairs of City government; and
WHEREAS, RCW 35A.13.080(9) provides that the City Manager shall perform such
other duties as the Council may determine by ordinance or resolution; and
WHEREAS, under BIMC 3.70.020(E), the City Council has previously authorized the
City Manager to execute professional and nonprofessional contracts with a value of less than
$30,000 per year on behalf of the City when such contracts have been approved in the City
budget; and
WHEREAS, in order to streamline this settlement process with regard to smaller damage
claims/lawsuits, it is recommended and respectfully requested that the City Council authorize the
City Manager to execute all necessary documents relating to resolution or settlement of claims
against or by the City in an amount of $30,000 or less; and
WHEREAS, the City Council finds it to be in the best interest of the City to authorize
the City Manager to execute all necessary documents relating to resolution or settlement of
claims against or by the City in an amount of $30,000 or less; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND:
The City Council authorizes the City Manager to resolve and settle any claims against or
by the City of Bainbridge Island in an amount of $30,000 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. Claims settled by the
City Manager under this authority will be reported to the City Council at the Special Cify Council
Meeting/Study Session following the settlement.
PASSEL] by the City Council this 141h day of July, 2010.
APPROVED by the Mayor this 141h day of July, 2010.
Bob Scales, Mayor
ATTESPAUTHENTICATE:
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK: June 29, 2010
PASSED BY THE CITY COUNCIL: July 14, 2010
RESOLUTION NO. 2010 Y t`6 'v""