§ 2-2.06. Actions on claims.

(a)

As to claims for which the City is uninsured or for which the costs of the claim, including the allowance, compromise or settlement thereof is below the amount of any relevant excess insurance coverage held by the City, or within any relevant insurance deductible or self-insured retention, the Council shall have sole discretion regarding the allowance, compromise, or settlement thereof, except as provided in this section. If the Council approves such an uninsured claim or demand, in whole or in part, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury for the amount allowed. For purposes of this Title 2, Chapter 2 of the Simi Valley Municipal Code, the Administrative Services Director, previously entitled the General Services Director, is such City official that shall from time to time be appointed by the City Manager.

(1)

The City Attorney is hereby authorized to allow, compromise, or settle such a claim against the City if the amount to be paid pursuant to such allowance, compromise, or settlement is $10,000.00 or less and execute any necessary or advisable instruments related thereto. Upon the written order of the City Attorney, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury in the amount for which such claim has been allowed, compromised, or settled.

(2)

The City Manager, upon the recommendation of the City Attorney, is hereby authorized to allow, compromise, or settle such a claim against the City if the amount to be paid pursuant to such allowance, compromise, or settlement is over $10,000.00 but not exceeding $25,000.00 and execute any necessary or advisable instruments related thereto. Upon the written order of the City Manager, the Administrative Services Director shall cause a warrant to be drawn upon the City treasury in the amount for which such claim has been allowed, compromised, or settled.

(3)

No less frequently than quarterly, a list of claims that have been settled pursuant to Section 2-2.06(a) shall be transmitted to the City Council.

(b)

The City Attorney is hereby authorized to reject any claim or demand against the City, either expressly or by operation of law through the passage of time. The City Attorney shall bring matters to the attention of the City Council for its consideration as appropriate or necessary, or as otherwise directed by the Council, and written or oral settlement offers consistent with attorney-client duties.

(c)

In cases in which the City has suffered property damage or loss in an amount confirmed by the City's Risk Manager or other City official appointed by the City Manager for that purpose, the City Attorney is authorized to accept full compensation to the City for such property damage or loss, minus up to 5% (not to exceed $5,000.00 total), and sign all releases or instruments pertaining thereto.

(d)

The settlement authorities provided in Section 2-2.06 apply to compromise and release settlements, and stipulated awards in workers' compensation claims provided the stipulated award does not contain a disability percentage greater than 25%. The City Manager and/or City Attorney can delegate their respective authorities in this section to appropriate workers' compensation staff.

(§ 6, Ord. 19, as amended by § 1, Ord. 305, eff. October 12, 1977, § 1, Ord. 441, eff. October 8, 1980, § 1, Ord. 596, eff. February 13, 1985 and § 1 (Exh. A), Ord. No. 1256, eff. April 14, 2016)