HomeMy WebLinkAboutCC RES 79-49RESOLUTION NO. 79-49
A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING SETTLEMENT PROCE-
DURES FOR LIABILITY CLAIMS. ·
CITY OF
PROCE-
· WHEREAS, claims for damages against the City have formerly been process-
ed by liability insurance carriers of the City; and
WHEREAS, the liability insurance presently in force on behalf of the City
provides for a substantial measure of self-insured liability; and
WHEREAS, the City has the primary obligation [o process claims and ~o
provide legal defense for claims and matters of litigation filed against i~; and
WHEREAS, the City has the need for the retention of adjusting services and
legal counsel who shall be vested with certain limited authority to accomplish a
favorable disposition of claims made against the City.
NOW, THEREFORE, the City Council of the City of Tustin, does hereby
resolve as follows:
Section 1- A liability reserve fund is hereby established in the ardount of eno
Hundred Thousand Dollars (Si00,000.00))for the payment of claims made against
the City. Said amount shall be provided for in the annual budget to insure that
sufficient funds are on deposit to provide for payment of those amounts not
covered by liability insurance.
The claims administration procedure for general liability claims, a copy of
which is attached hereto, is approved and the City staff is directed to implement
and administer the same.
Section 2- The claims investigation and adjustment firm employed by the
City ishereby ~uthorized to make payments in settlement of claims made against
the City in an amount not ~o exceed Two Hundred and Fifty Dollars ($250.00)per
claimant.
Section 3: Claims made against the City in an amount not [o exceed One
_ _
Thousancl Dollars ($i,000.00) per claimant, are authorized [o be settled upon the
approval of the City Administra[or~ Finance Director and/or City Attorney.
Section 4: A committee comprised of the City Administrator, Finance
Director and City Attorney, is authorized to review and make fur! settlement of
any claims made against the City for liability damages not otherwise covered by
insurance by the payment of a sum not to exceed Five Thousand Dollars ($5,000.00)
per claimant, in the event a clai~n results in litigation which is being legally
defended by other than lhe City Attorney, this Committee shall review and provide
the approval to the City's legal counse! within tho same limits.
Section 5: Ali claims for damages resulting in a judgment or a recommended
settlement ay negotiation in an amount exceeding Five Thousand Dollars
($5,000.00) per claimant, shall be approved by the City Council.
Section ~: The City Atorney is authorized to retain the services of legal
~_~'
couns.~;l fi~ purposes of representing the City in the defense of any matters of
litigation wherein he determines that specialized expertise or experience are
desirable or that the workload requires ti~e ut'ilization of outside counsel.
PASSED Abed ADOPTED at a regular meeting of the City Council of the City
of Tustin held o;~ the 2nd day of July , 1979.
ATTEST'
3GE:se.R-)/Z0/79
3GR:se:R:4/24/79
T/Res/LiaClaims D:ll
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
cITY OF TUSTIN )
RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the
-City of Tustin, California, does hereby certify that the whole number of
the members of the City Council of the City of Tustin is five; that the
above and foregoing Resolution No. 79-49 .... was duly and regularly
introduced, passed and adopted at a regular meeting of the City Council
held on the 2nd day of July , 1979, by the following
vote:
AYES:
COUNCIL~'~N: Schuster, Saltarelli, Sharp,_.Ke_~nedy,__~Welsh ............
NOES: COU~.~CILMEN: None
ABSENT: COD~CII2,~N: None
~uTH" C'-"~oE, city Clerk~, City, of Tus.~ti~n,~Cal-ifc~nia~-~ ~ '~3~\' u,