§ 2-12.1. Settlement of claims; administrative procedure for expeditious processing of claims against and in favor of city.

(A)

In those instances where municipal property has been damaged or municipal employees have been injured due to the actions of third parties, and municipal funds have been or will be expended for property repairs or medical costs, recovery shall be sought as follows:

(1)

The city manager shall evaluate all such claims and shall attempt to secure full reimbursement.

(2)

Whenever the municipal claim can be satisfied in full and the city completely indemnified, the city manager shall be authorized to release the third party from liability upon payment in full. If the amount of the claim is more than five thousand dollars ($5,000.00), the form of the release shall be reviewed and approved by the city attorney before being executed and provided to the person/party being released.

(3)

Whenever partial settlement of a municipal claim has been offered, the city manager shall evaluate the settlement offer as follows:

(a)

If the total amount of the municipal claim involved is five thousand dollars ($5,000.00) or less, the city manager shall be authorized to settle the claim.

(b)

If the total amount of the municipal claim involved is more than five thousand dollars ($5,000.00), the city manager shall cause the proposed settlement to be placed upon the agenda of the next regularly scheduled meeting of the city commission. Upon recommendation by the city manager, the city commission shall then determine whether or not to accept the proposed settlement offer.

(4)

The city attorney's office shall be available to advise the city commission and the city manager at all stages of the above proceedings.

(5)

In those instances where settlement of municipal claims cannot be effected within a reasonable time, the city attorney, with an approving vote of the city commission, shall file the appropriate lawsuit to effect collection of the claim.

(B)

In those instances where claims have been asserted against the city for property damage or bodily injuries, those claims shall be processed in accordance with the city self-insurance plan as follows:

(1)

The city attorney's office shall be provided prompt notification of any incident or accident which is likely to result in a claim against the city. All letters or other correspondence indicating the possibility of a claim, and all formal notices of claim, summonses, complaints, lawsuits and notices of deposition of any municipal employee or officer shall immediately be turned over, upon receipt, to the office of the city attorney. The city attorney shall evaluate all such information received and appear on behalf of the city in all appropriate proceedings. Furthermore, the city attorney shall immediately collect and evaluate all information pertaining to claims against the city, and:

(a)

Where no lawsuit has been filed and where the claim, in the opinion of the city attorney, is for five thousand dollars ($5,000.00) or less, the city attorney shall turn such claim over to the office of the city manager for settlement purposes.

(2)

The city manager is hereby authorized to approve and cause to be issued settlement drafts to settle all claims filed against the city for five thousand dollars ($5,000.00) or less. Settlement of any claim in excess of five thousand dollars ($5,000.00) must be approved by the city commission.

(C)

It is acknowledged that the provisions of the Florida Worker's Compensation Law are intended by the state legislature to be self-executing. Therefore, any payments required by law pursuant to the terms of the Florida Worker's Compensation Law shall be specifically exempted from the terms of this section.

(Ord. No. 79-117, § 1, 9-4-79; Ord. No. 85-150, § 1, 1-7-86)