HomeMy WebLinkAboutResolution 1984 - 0032RESOLUTION NO.84—32
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,CALIFORNIA,ADOPTING SETTLEMENT PROCEDURES
FOR LIABILITY CLAIMS AND RESCINDING RESOLUTION NO.78-107
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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 adjusting 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 HERESY RESOLVE,DETERMINE AND ORDER:
Section 1 A minimum 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 Districts’annual budget to insure that sufficient
funds are on deposit to provide for payment of those amounts not covered by
liabilty insurance.
Section 2 Each 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 agareement approved by the General Counsel.
Section 4 A committee comprised of the General Manager,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
insurance by payment of a sum not to exceed $10,000.00 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 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 $10,000.00 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.
Section 7 Resolution No.78—107 is hereby rescinded and made of no
further effect.
PASSED AND ADOPTED at a regular meeting held March 14,1984.
STATE OF CALIFORNIA)
SS.
COUNTY OF ORANGE
I,WILLIAM H.BUTLER,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 foregoing Resolution No.84—32 was
passed and adopted at a regular meeting of said Boards on the 14th day of
March,1984,by the following vote,to wit:
AYES:Ruth Bailey,Barbara Brown,Buck Catlin,Sam Cooper,Norman
Culver,Richard Edgar,Bruce Finlayson,Henry Frese,Victor
Grgas,Don Griffin,Dan Griset,Robert Hanson,Evelyn Hart,
Donald A.Holt,Jr.,Carol Kawanami,Frank Marshott,Carrey
Nelson,Bob Perry,Ruthelyn Pluinmer,Don Roth,Donald
Saltarelli,Don Smith,Charles Sylvia,John Thomas,Bill
Vardoulis,James Wahner,Henry Wedaa,Dorothy Wedel,Harriett
Wieder
NOES:None
ABSENT:Gerald Mullen,Ron Pattirison
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the official
seal of County Sanitation District No.1 on behalf of itself and Districts
Nos.2,3,5,6,7 and 11 of Orange County,California,this 14th day of
March,1984.
William H.Butler,Secretary
Boards of Directors,COunty
Sanitation Districts Nos.1,2,3,
5,6,7 and 11 of Orange County,
California