Chapter 2.97
CITY CLAIMS*
Sections:
2.97.010 Claims, presentment, filing process, and appointed agent.
2.97.020 Administration of claims.
*State law reference(s) – Claims against municipal corporations, RCW 4.96.010 et seq.; accident and claims against the city, RCW 35A.31.010 et seq.; notice for claim, RCW 35.31.040.
2.97.010 Claims, presentment, filing process, and appointed agent.
A. All claims for damages against the city shall be presented to and filed with the city council within the applicable period of limitations within which an action must be commenced. The city council hereby appoints as its agent to receive claims for damages filed under this section the city clerk, whose office is located within City Hall at 220 Fourth Avenue South, Kent, Washington 98032.
B. Claims for damages must be submitted on either the standard claim form maintained by the Risk Management Division of the Washington State Office of Financial Management, or on the city of Kent’s own claim form. Only one (1) version of these claim forms need be presented to the city clerk. At a minimum, the following information is required:
1. The claimant’s name, date of birth, and contact information;
2. A description of the conduct and the circumstances that brought about the injury or damage;
3. A description of the injury or damage;
4. A statement of the time and place that the injury or damage occurred;
5. A listing of the names of all persons involved and contact information, if known;
6. A statement of the amount of damages claimed; and
7. A statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.
C. The claim form must be signed either:
1. By the claimant, verifying the claim;
2. By the attorney-in-fact for the claimant, pursuant to a written power of attorney;
3. By an attorney admitted to practice in Washington State on the claimant’s behalf; or
4. By a court-approved guardian or guardian ad litem on behalf of the claimant.
D. A claim is properly presented to the city clerk when it is delivered in person or is received by the city clerk by regular mail or by registered mail or certified mail, with return receipt requested.
E. No action shall be commenced against the city for damages arising out of tortious conduct until sixty (60) calendar days have elapsed after the claim has first been presented to and filed with the city council’s agent. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty (60) calendar day period.
(Ord. No. 2562, § 1; Ord. No. 3182, § 1, 9-6-94; Ord. No. 3579, § 1, 12-11-01; Ord. No. 3928, § 1, 8-18-09. Formerly Code 1986, § 2.56.010)
2.97.020 Administration of claims.
The city attorney shall be responsible for representing the city on all claims made against the city except to the extent claims are administered and/or defended by the city’s insurers, unless the claim is administered or defended through an indemnity agreement by another insurer, in which case those claims shall be administered and defended pursuant to the terms of those contracts. The city’s risk manager shall have the authority to settle any claim against the city for an amount not to exceed one hundred thousand dollars ($100,000) per occurrence, subject to the availability of funds budgeted for settlement purposes. The mayor, in conjunction with the risk manager and city attorney, shall have the authority to enter into settlements over one hundred thousand dollars ($100,000). All settlements over one hundred thousand dollars ($100,000) shall be reported to the city council.