Res No. 79-18 RESOLUTION NO. 79-18
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH ESTABLISHING SETTLEMENT
AUTHORITY LIMITS FOR ALL PROPERTY DAMAGE,
BODILY INJURY AND OTHER CLAIMS AND LITIGATION;
APPROVING SPECIAL COUNSEL TO BE RESPONSIBLE FOR
ALL LEGAL MATTERS RELATED TO WORKERS'
COMPENSATION CLAIMS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, on June 6, 2017, the City Commission of the City of Delray Beach ("City") passed
and adopted Ordinance 21-17 which created a Purchasing Policy and Procedures Manual and established
purchasing authority limits; and
WHEREAS, the City desires to, in accordance with the purchasing authority limits already
established, increase the settlement authority limits for the City Manager, City Attorney and Risk
Management Division; and
WHEREAS, currently, the City Attorney has the authority to settle all bodily injury and other
claims and litigation up to and including$10,000. For settlement of all bodily injury and other claims and
litigation of$10,001 up to an including$15,000, the City Attorney is required to obtain consultation and
concurrence of both an Assistant City Manager and the Risk Manager. Final settlement approval for
claims and litigation of$15,001 or greater require the approval of the City Commission;and
WHEREAS, the City wishes to increase the settlement authority of the City Manager for all
property damage,bodily injury, and other claims and litigation to $65,000,in order to be consistent with
the City Manager's purchasing authority. The settlement authority of the City Attorney for all property
damage, bodily injury, and other claims and litigation would be increased to $25,000 and the Risk
Management Division's settlement authority would increase to $15,000; and
WHEREAS, the City recognizes the need to retain special counsel to be responsible for all legal
matters related to workers' compensation claims received by the City and desires to retain the services of
two firms for same;and
WHEREAS, the City deems approval of this Resolution to be in the best interest of the health,
safety, and welfare of the residents and citizens of the City of Delray Beach and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. The foregoing recitals are hereby affirmed and ratified.
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Section 2. That the City Commission of the City of Delray Beach approves an increase in
the settlement authority of the City Manager to $65,000, the City Attorney to $25,000, and the Risk
Management Division to $15,000 for all property damage,bodily injury,and other claims and litigation.
Section 3. That the settlement authority of the Risk Management Division for Workers'
Compensation claims shall remain the same.
Section 4. That the City Commission of the City of Delray Beach approves the appointment
of Hayes, Schloss &Alcocer,PA, and Chartwell Law to be responsible for all legal matters related to the
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City's Workers' Compensation claims.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED in regular session on the 10 "�day of :1,,124 ,2018.
AT ST: �,��� MAYO R
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katerri Johnso ,City Clerk
�" "ove t forma 1 l fficiency:
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Max Lo n ity Attorney
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2 Resolution 79-18