HomeMy WebLinkAbout1981-06-16; City Council; 6515-4; Liability claims against the city. .
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CITY OF CARLSBAD 3
AGENDA BILL NO. ••ur^V.b •--• ^Lt^f^f^-? t" yF7 . initial:.._ ^, . . . . . .. . —pp— -.••:'...''• IDept.Hd,
DATE: ' .;.. :JUNE 16, 1981 . . ; : •'..„•
DEPARTMENT: CITY MANAGER _ ________ ': '• '• : C. Mgr
.Subject: .AUTHORIZATION FOR THE ADJUSTMENT AND . SETTLEMENT- OF ., .'... '; . - ,; ,,, ,
, , L-1- ABILITY CLAIMS AGAINST THE CITY. - • :'/': • ' • y :< ^ ^ :: . .• ; :
Statement; of the Matter , \ :; ., -':, ^ ! ,
As a result of the change from a deductible iiability- •insurance program
to one .involving a self-insured retention, responsibility and authority
•for the adjustment and settlement of claims will be transferred from
'.' the insurance carrier to the;, City. To minimize costs in the expedient
settlement of smaller claims, it is .necessary that staff have specified
authority .to enter into settlement agreements without prior author I-'
zation of Council. " '• ••'••'' : ' • , • :.
.,:' " After; investigation airdl rejdomm^il^tz&Qniisf- the City's Claim .Administrator
that there is full or partial liability as a result of an accident .
or incident resulting in a claim against the City it is recommended •
that the City Manager, with the concurrence of the City Attorney, ; '
should have authority' to enter into a settlement not exceedihg $4999:. •
The City Manager with the concurrence of' the City Attorney would have. . • '•
authority to; allow the claim adjuster to settle minor claims (less
• than $500) if appropriate. Any claims of $5000 or more should be ;
referred to the City Council for determination.
Fiscal I mp a c t . •:• . ... • ; -. ';,•'; .;•.. - '•' ; : . ; • • ; • ' • :-'' :' : .'.••..'•'•••"•• "•;.•-•';;••• , : :.•'...-.••; '•'-.
The financial .limitations established by. this action are consistent •
with other financial controls established in the^-budget- arid purchasing
.rules. There is no direct fiscal impact from this action. ;
Exhibits '/•'••; ; ; .-."-• . :. " • .• " I ~ ''•'•.'•."". - . ": : '••''".• "• -:::' "•••':;"'• •.-'• -: •'
Resolution No . tt> J^ ^j^Q ' ' '"'•.' '-.''••"' '"'•' •••"•- "
.Recommendation .-•••.- • -. ' . ; -: .. • ' ..,' . , •''•'.•>. \'.'-^: ;" ••'„",•":•'•
Approve Resolution No. 6 ••£". 90 authorizing the adjustment and
settlement of claims against the City. . . •
AEEEOVED
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RESOLUTION NO. 6590
, - - . A RESOLUTION OF THE CITY COUNCIL OF THE CITY
• . . OF CARLSBAD, CALIFORNIA ESTABLISHING LIABILITY '
CLAIMS SETTLEMENT AUTHORITY.' ••••••• -
WHEREAS, the City Council has established a program of
liability self-insurance; and !
WHEREAS, as part of the liability self-insurance program
the City will have authority to settle all liability claims
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against the City; and ' . ' '
WHEREAS, the effective and expedient administration of .
the liability self-insurance program requires that the authority
to settle liability claims be clearly defined and established.
"NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the City Manager with the concurrence of the
City Attorney shall have authority to settle
liability claims against the City not exceeding
four thousand, nine hundred and ninety-nine dollars
($4999). .
3. That the City Manager with the concurrence of the
City Attorney may delegate claims settlement
•• . *authority not exceeding four hundred ninety-nine •
dollars to the City's claims administrator.
4. That the City Council shall have authority to settle
liability claims against the City of five thousand
dollars ($5,000) or more.
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PASSED, APPROVED AND ADOPTED at a regular meeting ,of the City
Council on the 16th . day of June 1981,
by the following vote, to wit: . •
AYES: City Council Members Packard, Casler, Anear, Lewis and Rulchin'
NOES: None
ABSENT: None . •','•••• . . '
RONALD C. PACKARD,.Mayor
ATTEST:
ALETHA L." RAJfrTENKRANZ, City Clerk
KAREN R. STEVENS, Deputy City Clerk
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