HomeMy WebLinkAboutResolution 1978 - 0107 (REPEALED)RESOLUTION NO.78-107
ADOPTING SETTLEMENT PROCEDURES FOR LIABILITY CLAIMS
A JOINT RESOLUTION OF THE BOARDS OF DIRECTORS OF
COUNTY SANITATION DISTRICTS NOS.1,2,3,5,6,7
AND 11 OF ORANGE COUNTY,ADOPTING SETTLEMENT PRO
CEDURES FOR LIABILITY CLAIMS
** *~*****
WHEREAS,claims for damages alleging personal injuries,
including death,and to real and personal property,made
against the Districts have formerly been processed by a
liability insurance carrier of the Districts;and,
WHEREAS,the liability insurance presently in force
on behalf of the Districts provides for a substantial measure
of self—insured liability;and,
WHEREAS,the District has the primary obligation to
process claims and to provide legal defense for claims
in matters of litigation filed against it;and,
WHEREAS,the District has the need for the retention
of ajusting services and legal counsel who shall be vested
with certain limited authority to accomplish a favorable
disposition of claims made against the District.
NOW,THEREFORE,the Boards of Directors of County
Sanitation Districts Nos.1,2,3,5,6,7,and 11 of
Orange County,California,
DO HEREBY RESOLVE,DETERMINE AND ORDER:
REPEALED BY 88-61
Section 1 A liability reserve is hereby established
in the amount of $500,000.00 for the payment of claims made
against the District.Said amount shall be provided for
in the 1978-79 annual budget to insure that sufficient
funds are on deposit to provide for payment of those
amounts not covered by liability insurance.
Section 2 Each subsequent annual budget shall provide
for sufficient funds to provide a sufficient balance to
meet projected expenses for loss and payment of claims
during the ensuing fiscal year.
Section 3 A claims investigation and adjustment firm
is authorized to be retained,and said firm is hereby granted
authorization to make payments and settlements of claims
made against the District in an amount not to exceed
$1,000.00 per claimant.Said firm shall be retained in
accordance with the terms and conditions set forth in an
agreement approved by the General Counsel.
Section 4 A committee comprised of the General Manger,
Finance Director and General Counsel are authorized to review
and make full settlement of any claims made against the
District for liability damages not otherwise covered by in—
surance by payment of a sum not to exceed $5,000.00 per claimant.
In the event a claim results in litigation,which is being
legally defended by other than the District’s General Counsel,
this committee shall review and provide the approval to the
—2—
District’s legal counsel within the same limits.
Section 5 All claims for damages resulting in a
judgment or a recommended settlement by negotiation in an
amount exceeding $5,000.00 per claimant,shall be submitted
to and approved by the Board of Directors of the defendant
District or the Joint Boards in the event of claims made
against the Joint Districts.
Section 6 The General Counsel is authorized to retain
the services of additional legal counsel for purposes of
representing the District in the defense of any matters of
litigation,wherein he determines that specialized expertise
or experience are desirable or that the workload requires the
utilization of outside counsel.
PASSED AND ADOPTED at a regular meeting held June 14,1978.
—3--
.....-.
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I,J.WAYNE SYLVESTER,Secretary of the Boards of Directors of
County Sanitation Districts Nos.1,2,3,5,6,7,and 11 of Orange
County,California,do hereby certify that the above and foregoing
Resolution No.78-107 was regularly passed and adopted at a
regular meeting of said Boards on the 14th day of June
by the following vote,to wit:
1978,
AYES:Philip Anthony,Norman Culver,Donald Fox,Sal Gambina,
Francis Glockner,Beth Graham,Don Griffin,Donald Holt,
Jr.,Bernard Houston,Donald Hudson,Frank Laszlo,Don
Mclnnis,Harry.Miller,Richard Olson,Bob Perry,Alan
Priest,Thomas Riley,Kerm Rima,Earl Roget,Donald Roth,
Paul Ryckoff,Donald Saltareili,Laurence Schmit,James
Sharp,Ron Sh~nkman,Richard Siebert,Roger Stanton,
Donald Strauss,Bernie Svalstad,Charles Sylvia.Bill
Vardoulis,Ray.Williams and Duane Winters
NOES:None
ABSENT:Vernon Evans,David Ortiz,Don Smith and Henry Wedaa
IN WITNESS WHEREOF,I have hereunto set my hand this 14th day
of June
,
1978.
r~stej,Secretary,
Lrectors,County
‘Sar.4~ation~Districts Nos.1,2,
3,~,6,7,ann 11 of Orange
County,Caiifornia
S-lOl