RM-2, Rev 8 Settlement AuthorityCITY OF DELRAY BEACH
ADMINISTRATIVE POLICIES AND PROCEDURES
DEPARTMENT:
SUBJECT:
Risk Management
Settlement Authority
POLICY NUMBER:RM-2
SUPERSEDES:RM-2,Rev.7
REVISION:
APPROVED BY:
PURPOSE
Terrence R.Moore,ICMA-CM
EFFECTIVE DATE:12/13/2022
This policy provides direction relating to the settlement authority of bodily injury,property damage,workers'
compensation,and other claims and litigation.
POLICY
A.Forms
a.Attachment A,"Initial Notice of Claim",shall be completed through the Risk Management Division
for all claims against the City regarding bodily injury and/or property damage claims.
b.Attachment B,"Release of Claims for Property Damage",shall be used by Risk Management for
routine,uncomplicated settlements of claims for property damage.
c.Attachment C,"General Release",shall be used by Risk Management for more complex
settlements of property damage claims which involve actual or potential bodily injury,and shall
require the approval of the City Attorney's Office.
PROCEDURE
A.Investigation of Claims
The City's Safety Coordinator or his/her designee shall investigate all bodily injury accidents reported
as soon as possible to ensure that the accident scene is safe and secure and to determine the owner
of the property where the accident occurred as well as whether or not the accident occurred during a
City-sponsored event.All investigations shall be in accordance with the practices and techniques
outlined in the City's Accident Investigation Policy,RM-15.
B.Responsibility for Administration of Claims
1.The City Attorney's Office shall administer all claims and litigation not otherwise delegated
specifically to others.
2.The Risk Management Division shall coordinate the investigation,repair,and settlement of all
property damage claims.
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3.The Risk Management Division shall administer all claims for statutory workers'compensation
benefits and direct all settlement negotiations through the City's Third-Party Administrator (TPA).
C.Workers'Compensation Settlement Authority
1.All workers'compensation settlement negotiations shall be coordinated with the City's TPA and the
workers'compensation attorney.The Risk Management Division shall administer all mediated and
other similar formal offers of settlement of workers'compensation claims up to and including
$50,000,which shall require final settlement approval of the Human Resources Director.
2.The Risk Management Division shall administer mediated and other similar formal offers of
settlement of workers'compensation claims of $50,001 and greater and shall obtain consultation
with and concurrence of the Human Resources Director prior to making a recommendation to the
City Manager,whom shall have final settlement authority.
3.The City Commission of Delray Beach approves the appointment of Hayes,Schloss &Alcocer,
P.A.,and Chartwell Law to be responsible for all legal matters related to the City's workers'
compensation claims.
D.Property Damage Settlement Authority
1.The Risk Management Division shall have the authority to settle all claims of property damage up
to and including $15,000,if there is actual or potential bodily injury,then final settlement approval
of property damage claims or litigation shall require approval of the City Attorney's Office.
2.The Risk Management Division shall consult with and obtain the approval of the City Attorney's
Office prior to settling all claims of property damage to third parties of $15,001 up to and including
$25,000.
3.The Risk Management Division shall consult with and obtain the concurrence of the City Attorney's
Office prior to making a recommendation to settle any claims of property damage of $25,001 to
$65,000,which shall require settlement approval from the City Manager.
4.For any claims of property damage of $65,001 or greater,final settlement approval would require
approval of the City Commission.
5.The using department will be charged a $500 deductible for any claim payment incurred involving
damage to CITY PROPERTY to include City vehicles,regardless of fault.If the City decides to pay
for THIRD PARTY PROPERTY damages caused by the operation of a City vehicle,an additional
$500 deductible will be charged to the department to which the vehicle is assigned.
E.Release Requirements
1.All Settlements for claims or litigation shall require a "release from future legal liabilities resulting
from the same cause of action to be executed by the claimant before a settlement check can be
issued.(refer to Forms,Attachment Band C above).
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9
INITIAL NOTICE OF CLAIM
CITY OF DELRAY BEACH
RISK MANAGEMENTDIVISION
100 NWI"AVENUE
DELRAY BEACH,FL 33444
AttachmentA
CLAIMANT'SNAME
CLAIMANT'SADDRESS --------
CLAIMANT'S WORK [HoeTELEPHONENUMBER
DATE OF ACCIDENT I TIME OF ACOOENT
AM PM
SPECIFIC PLACE OF ACCIDENT(StreetName)
DESCRIPTION OFACCIDENT
NAME AND ADDRESS OF WITNESSTO ACCIDENT
IF GENERAL LIABILITY CLAIM:1-..---,
Who and what art of bodvwas injured?
IF AUTO LIABILITY CLAIM:
AccidentVehicle
Make Model Year
What was damaeed on the vehicde?
Who and what part ofthe body wasinjured?
GENERAL INFORMATION:
What ambulance servicerespondedand/or hospital used?
Which Police Department responded?]ase No:
To whom within theCity was the daim reported?
OTHER COMMENTS CLAIMANT CONSIDERS NECESSARY OR RELEVANT:
daimant's Signature.Date:
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Ir\%
INITIAL NOTICE OF CLAIM
CITY OF DELRAY BEACH
RISK MANAGEMENT DIVISION
100 NWI"AVENUE
DELRAYBEACH,FL 33444
Attachment A
CLAIMANT'S NAME
CLAIMANT'SADDRESS
CLAIMANT'S WORK [Hoe ..
TELEPHONE NUMBER
DATE OF ACCIDENT I TIME Of ACXlOENT
AM PM
SPECIFIC PLACEOFACCIDENT(StreetNamel -
DESCRIPTION OFACCIDENT
NAME ANDADDRESS OF WITNESS TO ACCIDENT
IF GENERAL LUABILITY CLAIM:1-..--........,
Whoand what part ofbodywas injured?
IF AUTO UABILITY CLAIM:
Accident Vehicde
Make Model Year I
What wasdamaged on thevehicde?
ho and what partofthebodywas injured?
GENERALINFORMATION:
Whatambulanceservice responded and/or hospital used?
WhichPolice Department resoonded?[aeNo:
To whom within the City was the daim reported?
OTHER COMMENTS CLAIMANT CONSIDERS NECESSARY OR RELEVANT:
Claimant's Signature.Date:
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Attachment 8
RELEASE OF CLAIM
FOR
PROPERTY DAMAGE ONLY
The undersigned,being of lawful age,for the sole consideration of
Dollars (l to be paid to
_do/does hereby release and discharge the
City of Delray Beach,a Florida municipal corporation,from further liability,sustained as a result
of or from the accident,casualty,or event which occurred on or about the day of
z d[DE [ea[e
This release is for property damage and would not pertain to or have any bearing on bodily or
personal injuries to the undersigned that were sustained as a result of this accident.It is
understood and agreed that this release is not to be construed as an admission of liability on
the part of the City of Delray Beach.
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE ANO FULLY UNDERSTANDS IT.
Claimant Signature-
print Name ---~---------~
Witness Sl0a[ufe
Print Name --------------
Peea;e}doc
Date -------
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Attachment C
GENERAL RELEASE OF ALL CLAIMS
Recitals
A.As used in this General Release,the term "Releasor(s)"shall mean
as well as his/her/their heirs,executors,administrators,
personal representatives,successors and assigns,jointly or severally,singular or plural,and any person
in privity with them,wherever the context so admits or requires.
B.As used in this General Release,the terms "Releasee(s)"shall mean the City of Delray
Beach as well as his/her/its past,present and future agents,agencies,officials,commissioners,employees,
boards,representatives,attorneys,successors and assigns,in both their individual and official capacities,
and any entity or person in privity with them,jointly or severally,singular or plural,wherever the context so
admits or requires.
C.Whenever used in this General Release the term "Insurer"shall mean Florida Municipal
Insurance Trust,and Preferred Governmental Claims Solutions as well as its/their agents,employees,
servants,officials,representatives,attorneys,successors and assigns,and any entity or person in privity
with them,jointly or severally,singular or plural,wherever the context so admits or requires.
WHEREAS,Releasor(s)allege(s)that he/she/they sustained injury and damages including
personal injury,bodily injuries,and/or property damage,as a result of an incident or event which occurred
on 20 at Delray Beach,FL;and
WHEREAS,as a result of the aforesaid incident (hereinafter referred to as "Subject Incident"),
Releasor(s)claim(s)to have sustained damages,including but not limited to certain bodily injury and
resulting pain and suffering,disability,disfigurement,mental anguish,loss of the capacity for the enjoyment
of life,expense of hospitalization,medical and nursing care and treatment,loss of earnings,loss of ability
to earn money and aggravation of a previously existing condition,loss of property or loss of use of property,
loss of enjoyment of life,pain and suffering and emotional distress,which losses are claimed to be
permanent and continuing and which losses are expected to be suffered in the future;and
WHEREAS,at the time of the aforesaid incident,there was in force and effect an insuring
Agreement between Releasee(s)and Insurer providing coverage for this incident,pursuant to the terms
and conditions of that Agreement;and
WHEREAS,Releasee(s)and Insurer have denied and continue to deny any wrongdoing and have
denied and continue to deny any liability for the allegations which were the subject matter of the above-
referenced claim,but are desirous of entering into a compromise settlement of this claim in good faith,to
avoid litigation and attendant costs;and
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WHEREAS,Releasor(s)has/have agreed to accept the total sum of,in full and final compromise
and settlement of any and all claims he/she/they may have,whether now not known or contemplated,
against Releasee(s)and Insurer;
NOW,THEREFORE,KNOW ALL MEN by these presents:That the said and undersigned
Releasor(s)for and in consideration of the payment to him/her/them of the total sum of
Dollars and Cents ($_,,to him/her/them in hand paid,the receipt and sufficiency of
which is hereby acknowledged,does/do hereby remise,release and forever discharge Releasee(s)and
Insurer,of and from all manner of action and actions,cause and causes or actions,suits,debts,dues,
sums of money,accounts,reckonings,bonds,bills,specialties,covenants,contracts,controversies,
agreements,promises,variances,trespasses,damages,judgments,executions,claims and demands
whatsoever,in law or in equity,which Releasor(s)ever had,now has/have,or which any personal
representative,successor,heir or assign of Releasor(s),hereafter can,shall or may have against said
Releasee(s)and Insurer,by reason of any matter,cause or thing,from the beginning of the world to the
date of these presents,arising out of or related to the above-described Subject Incident,and including but
not limited to any and all claims for compensatory damages,injunctive relief,declaratory relief,punitive
damages,interest,costs,medical and hospital expenses,attorney's fees,civil rights violations,federal
claims,statutory or common law claims,lost wages,impairment of earning capacity,physical,emotional
or psychological injury,companionship and support,mental anguish,pain and suffering,bodily injury,past
and future medical expenses,property damage or loss of use of property.
Releasor(s)state(s)that at the time of the execution of this General Release there are no
outstanding claims or liens by way of reimbursement or subrogation by insurance carriers,attorneys,
hospitals,medical providers or other entities including Medicare or Medicaid,for amounts paid or owed on
behalf of Releasor(s)by reason of the incident which is described above,or,in the alternative,if there are
any such outstanding claims or liens,Releasor(s)will indemnify and hold Releasee(s)and Insurer harmless
from said amounts and will fully satisfy and resolve those claims including but not limited to any hospital
liens,medical liens,attorneys liens,insurance liens and/or liens held by Medicaid or Medicare,any other
governmental agency,or any other entity.
This General Release shall not be construed as an admission of liability or responsibility by
Releasee(s)or Insurer,but is rather a compromise settlement designed to avoid litigation.Releasee(s)
and Insurer specifically deny liability for the claims brought by Releasor(s),deny all allegations of
Releasor(s)and deny any wrongdoing whatsoever.
Releasor(s)acknowledge(s)and agree(s)that this is a General Release of all claims.Releasor(s)
expressly waive(s)and assume(s)the risk of any and all claims for damages,and any nature whatsoever,
which exist as of this date,of which Releasor(s)does/do not know or suspect to exist,whether through
ignorance,oversight,error,negligence,or otherwise and which,if known,would materially affect
Releasor(s)decision to enter into this settlement and provide this General Release.Releasor(s)further
agree(s)that he/she/they has/have accepted the sum specified herein as a complete compromise of all
matters involving disputed issues of law and fact,and assume(s)the risk that the facts or law may be
different than he/she/they believe them to be.
Notwithstanding anything herein to the contrary,this release shall not release any health,disability
or other insurance carrier or self-insureds from its obligation to provide any personal injury protection
coverage,medical payment coverage,uninsured/underinsured motorist coverage,health insurance
coverage,major medical insurance coverage,Workers'Compensation benefits/insurance,and/or disability
insurance coverage from all claims and demands,rights and causes of action of any kind the undersigned
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now has or hereafter may have,on account of personal injuries known or unknown to the undersigned
arising from the subject incident;but such reservation does not include Releasee(s)or Insurer,who are
given a full and final release of all claims.It is the intention of the parties to this agreement to release and
discharge Releasee(s)and Insurer only,and to reserve all rights of Releasor to obtain any other claims to
which Releasor(s)may be entitled.
Releasor(s)further warrant(s)that no promise or inducement not herein expressed has been made;
that this General Release is given in good faith and discharges Releasee(s)and Insurer from all liability;
that the undersigned is over the age of twenty-one (21)years and legally competent and fully authorized
to execute this General Release;that the undersigned has read the contents of this General Release,has
been adequately represented by counsel of his own choice or has elected to retain counsel,and signs this
General Release with full knowledge and appreciation of its meaning.
Any person who knowingly and with intent to injure,defraud,or deceive any insurer files a statement of
claim or an application containing any false,incomplete,or misleading information is guilty of a felony of
the third degree which carries a maximum prison sentence of five years.Such actions may lead to criminal
prosecution,the invalidation of this agreement and the full refund of any and all payments received through
this settlement
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THIS IS A GENERAL RELEASE -READ CAREFULLY BEFORE SIGNING
IN WITNESS WHEREOF,the undersigned hereby set his/her hand and seal this day of
---------'20__.
Signed and sealed in the presence of:
Witness
STATE OF FLORIDA
COUNTY OF----------
Releasor
The foregoing instrument was acknowledged before me this day of
20_by ,who is personally known to me or who produced
as identification and who did/did not take an oath.--------
My Commission Expires:Notary Public