HomeMy WebLinkAboutCC Reso 2018-25 - Authorizing REMIF and 3rd Party to Accept-Reject Claims RESOLUTION NO. 2018-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE
DELEGATION OF CLAIMS ADMINISTRATION AND AUTHORIZING REMIF AND THE THIRD
PARTY ADMINISTRATOR ON BEHALF OF REMIF TO ACCEPT OR REJECT CLAIMS FILED
AGAINST THE CITY OF UKIAH
WHEREAS, the City of Ukiah is a member of the Redwood Empire Municipal Insurance Fund
(hereinafter referred to as REMIF), a self-insured joint powers authority.. and
WHEREAS, REMIF provides, among other things, the City's liability coverage for those matters
covered by the Memorandum of Liability Coverage; and
WHEREAS, REMIF has a Memorandum of Liability Coverage that outlines the liability coverage
provided to the City of Ukiah and is bound by the By-Laws that, among other things, outline
settlement authority; and
WHEREAS. REMIF works with a third party administrator to administer the City's liability claims
that fall under the Memorandum of Liability Coverage; and
WHEREAS, Government Code 912.6 requires that the City of Ukiah act on a claim filed against
the City in one of four ways: (1) If the Board finds the claim is not a proper charge against the
public entity, it shall reject the claim; (2) If the Board finds the claim is a proper charge against the
public entity and is for an amount justly due, it shall allow the claim; (3) If the Board finds the claim
is a proper charge against the public entity but is for an amount greater than is justly due. it shall
either reject the claim or allow it in the amount justly due and reject it as to the balance, or (4) If
legal liability of the public entity or the amount justly due is disputed. the Board may reject the
claim or may compromise the claim; and
WHEREAS, the City of Ukiah shall delegate and authorize REMIF and the third party
administrator on behalf of REMIF, which is common practice amongst other cities, to respond to
covered claims filed against the City as outlined in Government Code section 912.6. The City of
Ukiah will work closely with REMIF and the third party administer on behalf of REMIF to respond
to covered claims. All decisions will be collaboratively discussed between the City and REMIF or
the third party administrator on behalf of REMIF. Final authority is outlined in the Memorandum
of Liability Coverage, the bylaws and the JPA agreement with REMIF; and
WHEREAS, whenever it is necessary for the City to reject or provide another form of notice to a
claimant for a covered claim. the City of Ukiah hereby delegates to REMIF or the third party
administrator on behalf of REMIF that authority, in collaboration with the City of Ukiah; and
WHEREAS, the City of Ukiah will immediately report every covered claim to REMIF and/or the
third party administrator on behalf of REMIF (but in no case longer than 2 business days of claim
filing); the City of Ukiah will provide REMIF and the third party administrator on behalf of REMIF
any information/documentation that is needed immediately (but in no case longer than 10 days of
claim filing) with information to determine the appropriate claim response.
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NOW, THEREFORE, BE IT RESOLVED by the City of Ukiah that it does hereby delegate the
authority of claims administration for covered claims and authorizes REMIF and the third party
administrator on behalf of REMIF to respond to covered claims on behalf of the City of Ukiah.
The foregoing Resolution was passed and adopted at a regular meeting of the City Council on
the 3rd day of October 2018, by the following vote:
AYES: Councilmembers Brown, Scalmanini, Crane, Mulheren, and Mayor Doble
NOES: None
ABSTAIN: None
ABSENT: None
K VIN OBLE, Mayor
ATTEST:
KRISTINE LAWLER, City Clerk
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