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HomeMy Public PortalAbout18-9462 Authorizing Settlement of Claims up to $75.00 without City Commission Approval Sponsored by: City Manager RESOLUTION NO. 18-9462 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING SETTLEMENT OF CLAIMS, UP TO $75,000, WITHOUT CITY COMMISSION APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, greater settlement authority may help avoid litigation by allowing staff to resolve claims in an expedient manner; and WHEREAS, the Risk Manager will have settlement authority from $0-$4,999, the Risk Manager, with approval from both the City Manager and City Attorney from $5,000 to $75,000, and any amount exceeding $75,000 must be approved by the City Commission; and WHEREAS, the City Commission believes it is in the best interest of the City to authorize settlement authority up to $75,000 without City Commission approval. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission hereby authorizes settlement authority up to $75,000 without City Commission approval in the following manner: Risk Manager: $0 - $4,999 Risk Manager, with approval from both the City Manager and City Attorney: $5,000 - $75,000 City Commission: any amount exceeding $75,000 Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Resolution No. 18-9462 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. this 15th day of February, 2018. MOTION FAILED Ali 'Myra L. aylor .Mayor Attest to: Approved as to form and legal sufficiency: 3( , ,,,,tdri s. € / ,,,,, A41 Jo.'i na Flores , :47fr AW GROUP, LLC IF Ci Clerk rt. Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER RILEY Commissioner Vote: 2-2 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: NO Vice Mayor Kelley: NO Mayor Taylor: NOT PRESENT ock0 •i\ City of Opa-Locka Agenda Cover Memo Department Kierra Ward, MBA Department Director: Director Signature: i✓.. ►030• –� Budget Ernesto Reyes Budget Administrator: Administrator/ACM , — Signature: („ 1 Finance Director: Bryan Hamilton FD Signature: t A " i/ Department , Asst City Manager: William Green ACM Signature: , 4 jr- City Manager: Ed Brown CM Signature: 77L_J• Commission 02.14.18 Item Type: Resolution • dinance Other Meeting Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No Account#: Dept) (EnterXin box) x Ex: General Fund Contract/P.O. Yes No RFP/RFQ/Bid#: Required: (EnterXin box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list Related Enhance Organizational I the specific objective/strategy this item will (EnterXin box) X Bus.&Economic Dev 0 address) Public Safety p Quality of Education t] Qual.of Life&City Image CI Communication C Sponsor Name City Manager Department: City Manager Short Title: An resolution approving the City Manager in concurrence with the City Attorney to follow the following levels of authorization of authorization for the issuance of checks in settlement of claims and receipt of restitution from other patrties as follows: Risk Manager authorized to approve$0-$4,999.99 Risk Manager,City Attorney, and City Manager to approve $5,000-$75,000. Any settelement in an amount exceeding$75,000 must be approved by the City Commission. Staff Summary: See attached. Staff recommends approval. Attachment: Analysis attached. Ov. -Loch • ftWxfiala MEMORANDUM To: Ed Brown, City Manager From: Kierra Ward, Human Resources Director CC: William Green, Assistant City Manager Date: February 1, 2018 Re: Settlement Approval Authorization recommendation It has been recommended that the Risk Management Division of the Human Resources Department implement approval authorization levels based on the total amount to be paid to the claimant. In an effort to ensure that claims are settled in the best interest of the City, the Risk Manager shall obtain from the City Attorney subject to the levels of authorization an assessment of the probable liability of the City and the concurrence of the City Attorney in the recommended settlement or compromise of the claim. The City Manager in concurrence with the City Attorney to follow the following levels of authorization of authorization for the issuance of checks in settlement of claims and receipt of restitution from other patrties as follows: Risk Manager authorized to approve $0-$4,999.99 Risk Manager, City Attorney, and City Manager to approve$5,000-$75,000. Any settelement in an amount exceeding$75,000 must be approved by the City Commission. *** END OF MEMORANDUM***