7964-08
~
ORDINANCE NO. 7964-08
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE PROCEDURES TO
SETTLE CLAIMS THROUGH THE CITY'S SELF-
INSURANCE PROGRAM; CHANGES THE
PARAMETERS AND PROCEDURES FOR
SETTLING MINOR CLAIMS; PROVIDES THAT
STAFF CONTINUE SETTLEMENT AUTHORITY TO
$25,000 AND COUNCIL MUST CONTINUE TO
APPROVE SETTLEMENTS FOR WHICH THE CITY
MUST PAY MORE THAN $25,000.
WHEREAS, the settlement procedures as set forth in this ordinance are
made clearer and less cumbersome and increasing authority of smaller claims to
allow for inflation, while maintaining the same level of Council approval for more
significant claims.
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CLEARWATER, FLORIDA:
j.
Section 1. Section 2.527, Settlement of Claims, be amended to read:
Sec. 2.527. Settlement of claims.
(1) Claims by the city. The city man::lger is ::luthorized to settle ::lnd rele::lse,
on beh::llf of the city, any claim or l::lwsuit in favor of the city wherein the
amount ::llleged to be due to the city does not exceed $10,000.00
provided, however, if the amount ::llleged to be due to the city exceeds
$2,000.00, the city m::ln::lger shall first consult '#ith the city attorney and
such other city employees as the city m::ln::lger m::lY deem ::lppropri::lte
before making any settlement of such claim.
(2) Claims against the city. The city m::ln::lger is authorized to settle on behalf
of the city ::lny claim against the city ':,'herein the ::lmount to be paid in
settlement does not exceed $10,000.00, including costs and ::lttorney's fees;
provided, however, if the amount to be paid in settlement exceeds $2,000.00,
the city m::ln::lger sh::lll first consult '#ith the city attorney and such other city
employees as the city manager may deem appropriate before making any
settlement of such claim.
ill The City Manager or his/her desiqnee is authorized to settle and release.
on behalf of the City. any claim or lawsuit both for and aqainst the City. up
to and includinq $25,000; provided, however, that any settlement that
exceeds $7,500 shall be reviewed by the City Attorney and/or desiqnee
- 1 -
Ordinance 7964-08
and any claim that exceeds $15.000 shall require unanimous written
concurrence of the City Manaqer. City Attorney and Risk Manaqer or their
desiqnees.
f31J.flDelegation of settlement authority. The city manager may delegate the
authorization to settle claims pursuant to subsection (1) of this section to
other city employees as the city manager may deem appropriate. The city
attorney may delegate to an assistant city attorney tho function of consulting
with the city manager regarding the settlement of olaims pursuant to this
section.
(4) Maximum settlement authority. The city manager, with the unanimous
'Nritten concurrence of the city attorney, the city's risk manager, and the
service agent, is authorized to settle on behalf of the city and authorize
payment of any claim against the city wherein the amount to be paid in
settlement does not exceed $25,000.00, including costs and attorney's fees.
(5) City commission Council approval of settlements. Any proposed
settlement of any claim resultinq in non-reimbursed expenditure of City funds
for or against the city that exceeds $25.000. the authority granted pursuant to
this section or in section 2.645 shall first be approved by the city commission
council before the settlement can become final and binding upon the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AlI~lI~t 7, 700R
PASSED ON SECOND AND
FINAL READING AND ADOPTED
August 21, 2008
~-<'t< ~
~nk V. Hibbard
Mayor
Approved as to form:
Attest:
4LIf~ 1tiL--
Pfwl Richard Hull
Assistant City Attorney
- 2 -
Ordinance 7964-08