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HomeMy WebLinkAboutResolution 03-81 RESOLUTION NO. 3-81 RESOLUTION OF THE ATASCADERO CITY COUNCIL AUTHORIZING THE ADJUSTMENT AND SETTLEMENT OF CLAIMS AGAINST THE CITY r WHEREAS, the City of Atascadero is a member of the Central ' Coast Cities Joint Powers Agreement (CCCJPA) for insurance pur- poses; and WHEREAS, as a result, the City receives the services of an independent CCCJPA adjustor and investigative service and will defend claims filed against it; and WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the Staff and the Adjustor have specified authority on behalf of the City to 'imme- diately enter into Settlement Agreements without prior authorization ' of the Council. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Upon investigation and determination by the CCCJPA adjustor for the City, that the City appears to be par ' tially or fully liable by reason of an incident or acci- dent resulting in a claim against the City, the Adjustor shall have the authority to enter into Settlement Agree- ments on claims that do not exceed One Thousand and no/100ths ($1,000.00) Dollars. This authority may be suspended or reduced at any time by the City Manager. 2. When a claim against the City exceeds One Thousand and no/100ths Dollars ($1,000.00) and it is determined that the City appears to be partially or fully liable for the ' claim, the City Manager shall have the authority to enter into a Settlement Agreement to settle the claim up to the amount of Five Thousand and no/100ths Dollars ($5,000. 00) Any such Settlement Agreement shall be signed by both the City Manager and the City Attorney.` 3. All proposed settlement of claims in which the Staff ' cannot reach concurrences to settle as provided in 2 above, or which amount to Five Thousand and no/100ths Dollars ($5,000.00) or more, shall be referred to the City Council for determination. 4. The Claims Adjustor employed by the CCCJPA shall be auth- orized to reject any claim filed against the City pursuant ' to and on the appropriate grounds set forth in Title 1, Division 3.6 , Part 3, Chapter 2 of the Government Code of the State of California. Resolution No. Page Two On motion by Councilman Nelson and seconded by Councilman Highland , the Atascadero City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None ABSENT: None ADOPTED: January 12, 1981 ROBERT J. WILK NS, JR. , May ATTEST:• MU RAY.,V. WARDEN, City erk APPROVED AS .TO FORM: 1 ALLEN GRIMES, City Attorney