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HomeMy WebLinkAbout79-078~ Resolufion N RESOLU'FZON ~ST,ABLISHING SELF-INSURANCE/INTR.A.- GOVERNP~NTAL SERVICE FUND ANB CLAIMS PROCEDURES';, WHEREA$, the Coun~y has found itself in'a position wherein zt is unable to economically purchase liability insurance and, therefore, is self-insured pursuant to Governraent Code §9904; and WHEREAS, self-insurance makes ~nandatory'the operatian af a p1az~. and delegation of authority to pay claims expeditiously; and WHEREAS, §§935.4 and 3I000.8 of the Government Code authozizes the Board of Supervisors to delegate its approval and payment of claims in amounts of $5,000.00 (Five Thousand Dollars) or less to County sta~f; and ' WH~ItEA5, §25260 of the Government Code authorizes the establishment of an interest bearing self-insurance/intra-governmental service fund which may be used for that purpose; and WHEREAS, the County Administrative Ofticer has a plan to facilitate payment of claims within said limits; and WHEREAS, funds appropriated for insurance purposes by the Board of Supervisors shall be deposited in this fund. NOW, TI-IEREFORE, BE I'~ R~SOLVED by the Butte County Board of Supervisors: ' 1_ That the Auditor-Contxoll.er be authorized to establish a self-insurance/intra-governmental service fund to proper].y account for the administration of the self-insurance program. 2. That the County Administrati~cre Officer, or his designee, sha11 convene a Claims Review Committee, which committee is hereby established as provided £urther herein, to review'each claim. In the event the claim may be settled for less than $5,000.00 (Five Thousand Dollars), the County Adma.nistrative Officer is hereby authorized to settle said claim, provided he has the approval of the Claims Review Committee. Said committee shall review a11 claims in excess of $5,000.00 (Five Thousand Dollars) and make a recommendation to the Board of Supervisors thereon, where such recor~mendation is reques~ed by the Board. 3. The Claims Review Commi~tee shall include in its membersh~p the County Counsel or his designee, the County Adm~nistrative Offzcer or h~s des~gnee, the Auditor-Controller or his designee; a representative of the staff of any independent contzactor retained to investigate claims, ~he County Safety Officer or his designee, and, when the County Counsel deems it necessary, outside, independen~,local counse~ actively engaged in providing legal defense of the County against clazms for damage. 4. Warrants maq be drawn upon said.fund subject to thej procedures approved by the Auditor-Controller and the Caunty Admin- istrative Officer which provides for receip~, inves~igation, negotia- tion and settlement of claims for damages against'the County, and for payment thereof, in amounts not to exceed $5,000.00 (Five Tnousand Dollars) per occurrence. 5. Fees for outside lepal services, claims adjusting serv~ce and other related program expenses will be paid ~rom thzs' fund subject to pzoper documentation. BE ZT ~U~THEA RESOLVED by this Soard that this resolution supersedes Resolution 7$-127 wh~ch established a trust account and cZaims paymenti procedures effective on July 25, 1978. PASSED AND ADOPTED by the Butte County Board of Supervisors ~his ~th day of May , 1979, by the foilowing vote: AYES: g~P~x.~,isoxs Dolan, Moseley, Wtfeeler and Chairman Lemke NOES: None ABSETdT: Supervisor Winston PdOT VOTZNG : None ~/ '} / ~' ROBERT E. LEMKE; Chairman o~ the Board of Supervisors . ATTEST: ' CLARK A. TdEL50N, County Clerk and ex-officio Clerk of the Board By ~+rc..-/~' ~ /~~ 2. _.... _ ; . .. _ _, . . . ~ ~