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HomeMy WebLinkAbout48-Risk Management .~-- < 'CITY OF SAN BERORDINO ... REQUEST ~JlR COUNCIL ACTION From: Vi ctor F. Lorch Subject: Resolution to establ ish a procedure to approve and accept settlements for the City of San Bernardino. Dept: Risk Management Date: June 3. 1992 Synopsis of Previous Council action: Not applicable Recommended motion: Adopt Resolution u Contact person: Vi ctor F. Lorch Supporting data attached: Yes Phone: x5308 Ward: FUNDING REQUIREMENTS: Amount: N/ A Source: (Acct. No.) (Acct. Descriotionl Finance: Council Notes: 75-0262 Agenda Item NO.-.!1 CO - '''CITY OF SAN BER~DINO - REQUEST lOR COUNCIL ACTION STAFF REPORT Risk Management, a division of the city Administrator's Office, is now currently responsible for recovery of property damage to City property from responsible persons. At the present time, in checking with the city Attorney's Office, there is no written procedure to sign releases with insurance carriers or other parties to indicate satisfaction of payment. Recommend the following Resolution be adopted to allow the City Administrator or their representative be empowered to accept settlements up to $10,000. Over $10,000 but not exceeding $20,000, the Claims committee reviews for approval; over $20,000, approval of the Council. 75_0='Fi4 -- ~ or , -.......,; -- 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A PROCEDURE TO APPROVE AND ACCEPT 3 SETTLEMENTS FOR THE CITY OF SAN BERNARDINO. 4 WHEREAS, from time to time settlements of lawsuits and 5 claims involving the City result in proposals to provide funds for 6 the City, and 7 WHEREAS, there is presently no authorized officer or bOdy 8 other than the Mayor and Council who may accept and approve such 9 settlements, 10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Subject to the provision of Section 3 below, the City Administrator or his or her authorized representative shall be empowered to accept all settlements of lawsuits and claims involving the City upon the approval of the City Attorney where the City is to receive money or other items of value, as long as such settlement is in an amount which does not exceed Ten Thousand Dollars ($10,000.00). SECTION 2. Subject to the provisions of Section 3 below, the Claims Review Commi ttee est'ablished by San Bernardino Municipal Code S3 .16.060 shall be empowered upon unanimous vote to accept all settlements of lawsuits and claims involving the City where the City is to receive money or other items of value, as long as such settlement is in an amount in excess of Ten Thousand Dollars ($10,000.00) but does not exceed Twenty Thousand Dollars ($20,000.00). III III DAB/aea/Settleme.rea 1 June 26i 1992 --71' f' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - ,--. ""'-"', ,....I -......I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING A PROCEDURE TO APPROVE AND ACCEPT SETTLEMENTS FOR THE CITY OF SAN BERNARDINO. SECTION 3. Nothing in this Resolution shall be construed to grant authority to any officer other than the Mayor and Common Council to compromise a claim of the City in order to bring it within the above specified settlement authority. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1992, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk of The foregoing resolution is hereby approved this , 1992. day Approved as to form and legal content: W. R. HOlcomb, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney By: i,~. 7-. j/~ il V DAB/aea/Settleme.rea 2 JUDe 26. 1992