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Res 05-463 __.__._n__ RESOLUTION NO. () S ~ if 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AUTHORIZING THE CITY MANAGER OR THE MANAGER'S DESIGNEE TO SETTLE CLAIMS UP TO THE CITY'S DEDUCTIBLE. WHEREAS, pursuant to RCW 35A.l1.020, the City of Federal Way Council is authorized to organize and regulate the internal affairs of the City of Federal Way; and WHEREAS, the City Manager is authorized, pursuant to RCW 35A.13.080, to supervise the administrative affairs of the City and to perform other duties as assigned by the City Council; and WHEREAS, the insurance agreement with Cities Insurance Association of Washington ("CIA W") provides CIA W the discretion to settle claims as part oftheir business; and WHEREAS, the City Manager has historically had the discretion to settle claims and authorize payments up to the amount ofthe City's insurance deductible; and WHEREAS, the City's insurance deductible has risen to $25,000 for any and all costs related to the matter; and WHEREAS, the City's agreement will most likely increase the insurance deductible in the future in an effort to achieve the lowest possible premium payment; and WHEREAS, it is in the best interest of the City for the City Manager to continue to have the discretion to settle certain claims in an expedited manner in accordance with the insurance agreement, Res. #~Page 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Authorization. The City Manager, or designee, is hereby authorized to settle claims against the City in accordance with the insurance agreement up to the City's deductible. Section 2. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this ;;fL..- dayofJ1J"..R~ ' 2005. CITY OF FEDERAL WAY ATTEST: ATHAWAY, CMC Res. o;.~"~ Page 2 APPROVED AS TO FORM: 7 ,/ ~/- /1 "-+' -Ctr----?/ "," ," ./",:,,4' .' K ~ .". ...,il'~~~A!"~_'- CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: / cr(/ I c6 PASSED BY THE CITY COUNCIL: ! 1 t%r RESOLUTION NO. oS -l{li~ k\reso\authority to settle claims Res. tib-C}63Page 3