CC RESOLUTION 5140RESOLUTION NO. 5140
A RESOLUTION ESTABLISHING THE CITY MANAGER'S
AUTHORITY TO SETTLE CLAIMS IN AN AMOUNT NOT TO
EXCEED FIFTY THOUSAND DOLLARS ($50,000)
PURSUANT TO GOVERNMENT CODE § 935.4
BE IT RESOLVED by the Council of the City of EI Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 935.4 authorizes a local public entity by resolution or
ordinance to authorize an employee to allow, compromise or settle a claim
against the entity in an amount that does not exceed $50,000;
B. On September 4, 2001, the Council authorized the City Manager to enter
into settlement agreements on claims up to $25,000, with any settlement
above $25,000 requiring City Council approval;
C. To minimize costs of the City, it is necessary that the City Manager has
specified authority on behalf of the City to enter into settlement agreements
without Council's prior authorization;
D. On December 19, 2017, the City Council adopted Ordinance No. 1564,
which authorized the City Manager to execute agreements without
Council's prior authorization, provided the City is not expending or
receiving no more than $50,000 per fiscal year (ESMC § 1-7A-5); thus,
the adoption of this resolution will make the City Manager's signature
authority for settlement agreements consistent with the City's purchasing
ordinance.
SECTION 2: Authorization. When a claim has been made against the City, and it is
determined that the City is partially or fully liable, the City Manager, with the concurrence
of the City Attorney, may enter into a settlement agreement to settle the claim up to the
amount of $50,000. Any such settlement agreement must be signed by both the City
Manager and the City Attorney, or their designated representatives. The City Council
intends for this resolution to repeal and replace the City Council's prior authorization.
SECTION 3: This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
SECTION 4: The City Clerk will certify to the passage and adoption of this Resolution;
will enter the same in the book of original Resolutions of said City; and will make a minute
of the passage and adoption thereof in the record of proceedings of the City Council of
said City, in the minutes of the meeting at which the same is passed and adopted.
RESOLUTION NO. 5140
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PASSED AND ADOPTED RESOLUTION No. 5140 this 16th day of April, 2019.
Drew Boyl ayor
ATTEST:
umt"
Tracy Weary ,
�&Wwo
CitClerk
APPROVED AS TO FORM:
RESOLUTION NO. 5140
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, hereby certify that the
whole number of members of the City Council of the City is five; that the foregoing
Resolution No. 5140 was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a
regular meeting of said Council held on the 16th day of April 2019, and the same was so
passed and adopted by the following roll call vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this �
�day of April,
r411wel
Tr y Weaver, City Clerk
of the City of EI Segundo,
California
RESOLUTION NO. 5140
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