CC 06-18-2013 Exhibit Item 8 , rv •
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� RESOLUTION NO„ �^
RESOLUTION OF THE CFTX C{)(3NCIL QF THE CITY
QF CUPERTINO ADOPTING GU;[DELINES RELATING
TO CLAIMS
THE CITY COUNCIL OF THE CI'CY OF CUPERTINO HEREBY ADOPTS
the following GUIDELINES to he follo�,red with respect to Claims
served upon, or received by, the Cit!� C lerk:
I. Form of Claim for Dama� e�s_. In making Claims against
the City, Claimant (s) may use the at�tached form entitled CLP,IM FOR
De'�iIrWG�S.
2. Preliminary Review. U;?on receipt of a Claim for
Damages, it sha1Z receive a prelimin.3ry zeview by the City Clerk,
the Risk Manaqer, and the atfected i��epartment Bead, who sha11 jointly
de�errnine whether:
a) The incident upon �which the claim is based occUrred
ouLside the jurisdiction nf the Cxty of Cupertino, and no City
employee or equipment was ir►volvec3; �or,
h) The facts giving rise to the claim were Che sole
responsibility of an independent contractor.
I� they determine that either one of the foregoing exis�s,
the City Clerk shall forward the Claim for Damages tv the Ci.ty Council,
with their r�commendation that the claim he zejected.
3. Action Upon Recei�t. Otherwise, upon receipt, the
City Clerk shall. immediately send an advance copy of any C1aim for
Damages or Request to Present I.ate Claim to the City A�torney, the
Head o£ the Department under whose jurisdiction the event I�eading to
the Claim appears to have taken place, and (in the event the Claim
exceeds $1, S00) to the City' s insurance cdrrier, and the risk mana�er
uith her notation thereon as to date serveci upon, or received bv her. She shall <�1;��
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cause a cogy of �he Claim or Request �o Present Late Claim to he
submitted to the City Councf.l at its next regular meeti.ttg.
4. Investigation. Th� head of the department shall
immediately cause an investigation of the Claim (and vf the Request
to Present Late Claim, if made� ta be made, prepare a written repozt
reiating thereto, marked CONFIDENTIAL, and then �orward it to the
City Attorney. The written report shall be factual, avoid legal
canclusions, and, where possibZe, ?ae accompan3ed by diagrams , phota�
graphs and supportinq documents. If at all possible, the repart
sha11 be fvrwarded to the City Attorney prior to the next regular
mee�a.ng of the City CaunciZ.
S . Risk Management. If, after receiving the confi.dential
report�, the City Attorney is of the opinion that the repvzt c�is-
closed actians of the City, it' s officers, employees or agents � whi.ch
appear to him ta be �ontrarX to good "rf.sk management" nolicies , he
shall call such actions to the attenti.on of Che Ci.tv Manager.
6. Insufficiency of Cla�.m. In the event, i.n the opinion
of the City Attorney, the Claim fails substantially to comply with
the requirements of Gavernment Code Secti,ons 910 tand 914. 2) , he
shall immediately so notify the City Clerk, who shall then naCify
the Claimant (s) , as prescribed by law, using the attached f�rm en-
titled NOTICE OF INSUFFICIENCY OP CLAIM. In such an event, the Gity
Counci� shall no� take action on �he Claim as submitted �or a period
of fifteen (15) days after such noti.ca is given.
7. Action by the City Counci�. The Claim or Request to
Fresent Late Claim shali be acted upon by the Ciky Council, after
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receivinq the recommendation of the City Attorney, as Follows :
A. C�.aim:
• (1} Approve the Claim, in whole or in partt
(2) Reject the Claim; or,
(3) Refez �he Claim to the City Attorney, for
a further report and subsequent action by the City
Council.
In the event the actian taken by the City Council
, is either to approve, in whole or in part, or ta reject
the Claim, the City Clerk shall notify the Claimant (s) ,
as prescribed by law, of the act�ion taken, using the
� at�ached farm entitled NC�TTCE C}�' {ALLOWANCE OR REJECTION)
� OF CL�I:K.
B. App�Ifc,ation to ar�esent Late Claim:
(1) Grant the A��pl ication;
t2? Qeny the Ap��lication; or,
(3) Refer the A��plication to the City Attorney,
for a further report and subsequent action by the
City Council.
In the event the acti.on taken by the City Counci.l
is either �o grant, or tc� deny, the Application, the
City Clerk sha1.� notify t:he Claimant (s) , as Qrescribed
by law, of the action ta?�:en, using the attached form
entitled NOTICE OF (ALLC�P7PuvCE OR DENIAL) OF APPLICATION
TO PRESENT LATE CLAIH.
C. Statement of Rea:�ons for Action Taken:
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Tn the connec�ion wi.th forwarding the r►otices
provided �or in either �aragraphs A or 8, above, i£
the action taken by the City Council is to reject �he
Claim or deny the Application, the City Clezk shall
include in his farwarding letter, a brie;� statement
either as may be included by the City Attorney in his
� letter of recommendation to the City Council, oz other-
wiae subject to the prior approval of the City Attorney,
the reasons for the action taken by the City Council.
8. Settlement by City Attorney. Pursuant to Government
; Cade Section 935. 4, the City Attorney sha12 have authori.ty, with the
concurrence of the City Manager, at any stage of the proceedings,
to settle any Claim for a sum not exceedxnq 51, 500 when, in his
opinion, concurred in by the Ci.ty Manager, such a settlement would
be to th� best interest of the City, upon ob�aining a release from
the Claimant (s? in the attached form entitled RELEASE.
PA55ED AND ADOP2ED by the City Council of the City of
CuPertino, this Lst day of October , 1979, by the £ol).ow-
i.ng vote:
Vote: Members of the City Council :
AYES: Jackson, 0'Keefe, Rogers, Sparks� �ieyers
vOES: Yone
ABSENT: �dn�
ABSTAIN: Yone
ATTEST: �pRQ���
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City Clerk Cupertino Mayor, Cuper�ino `
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