1.5.302: DRAWING OF CHECKS; PROCEDURES:

The Mayor and the Chief Financial Officer shall sign all checks drawn upon accounts of the City.

   A.   Each check shall state the particular fund or appropriation to which it is chargeable and the person to whom payable.

   B.   It shall be the duty of the Chief Financial Officer to see that proper authority has been granted by ordinance, contract, Council action or otherwise for the payment of all amounts for which checks are issued and that no check exceeds the appropriation upon which it is drawn.

   C.   The department, division, office or agency director or manager or City Council approving each item shall ensure that the labor has been performed, the goods, wares and merchandise involved have been received and that the price is proper. (Ord. 11-18)

PART 4 CLAIMS AND GIFTS 1

SECTION:

1.5.401: Claims Against The City

1.5.402: Conditions Of Gifts; Acceptance

1.5.403: Designation Of Donee

1.5.404: Separate Fund Established; Records

 

Notes

1	1. Prior ordinance history: Ord. 1681; Ord. 2627; Ord. 4790; 1968 Code §§1-93.1, 1-94, 1-95, 1-96; 1980 Code; Ord. 80-36; Ord. 01-42.

1.5.401: CLAIMS AGAINST THE CITY:

A person claiming to have suffered an injury by the City of Colorado Springs or by a City employee while in the course of employment shall make claim against the City in accord with the provisions of the Colorado Governmental Immunity Act 1 . (Ord. 11-18)

 

Notes

1	2. CRS §24-10-101 et seq.

1.5.402: CONDITIONS OF GIFTS; ACCEPTANCE:

Any person or organization may make gifts, devises or bequests to the City upon the terms, conditions or provisions as the donor desires. By accepting the gift, devise or bequest, the City covenants to carry out the terms, provisions and conditions of the gift, devise or bequest that require reasonable performance by the City. The City Council may decline to accept any gifts the terms of which it believes may not be feasibly accomplished or are onerous to the City. (Ord. 11-18)

1.5.403: DESIGNATION OF DONEE:

Gifts, devises and bequests may be made to the City, the City Council, to any officer, agency or employee of the City either by personal name or official title, MHS Enterprise or to any division, department, office, agency or board of the City regardless of how described. All gifts, devises and bequests shall be valid and effective as if made directly to the City and shall be administered by the City for the benefit of the division, department, office, agency or board of the City in accord with the terms of the gift, devise or bequest. Gifts, devises and bequests made to or for the benefit of MHS Enterprise or any department shall be administered by the Board of Trustees of MHS Enterprise. In the interest of clarity, "MHS Enterprise" does not refer to any current or future operator of leased facilities under the Memorial Health System Affiliation or encompass such operator's employees. (Ord. 11-18; Ord. 15-62)

1.5.404: SEPARATE FUND ESTABLISHED; RECORDS:

   A.   Unless the City Council or Mayor specifically directs that a particular gift be placed in a special separate trust fund, all gifts shall be combined in a single trust fund to be known as the gift trust fund. This fund shall be administered by the Chief Financial Officer and shall be under the control and supervision of the City Council and Mayor, which shall ensure that the terms and conditions of each gift are carried out.

   B.   The Chief Financial Officer shall keep a separate record of the receipts, income, disbursements and status of each of the gifts in the gift trust fund which shall be open to inspection. (Ord. 11-18)

PART 5 CLAIMS MANAGEMENT 1

SECTION:

1.5.501: Purpose And Intent

1.5.502: Claims Reserve Fund

1.5.503: Compromise Or Settlement Of Matters/Claims

1.5.504: Claims Review Board

1.5.505: Rules And Regulations

1.5.506: Litigation

 

Notes

1	1. Prior ordinance history: Ord. 90-58; Ord. 92-70; Ord. 93-82; Ord. 93-124; Ord. 93-190; Ord. 98-185; Ord. 01-42.

1.5.501: PURPOSE AND INTENT:

The City Council hereby recognizes that general liability and automobile liability insurance policies are subject to cancellation and changing market prices. City Council further recognizes that self-insurance and self-insured retention is a viable means to assure protection at the least cost, and therefore, there is an extraordinary need to address methods to protect the City and its employees against claims brought under the provisions of the Colorado Governmental Immunity Act and arising under Federal law. Additionally, the executive and administrative branch of the City, with approval of City Council, may by agreement provide claims and claims management services to other governmental entities pursuant to the requirements of this article. The agreement shall require that the separate governmental entity's self-insurance program and fund be managed in accord with the requirements of this article unless specifically modified by the terms of the agreement. Under no circumstances shall the Self-Insurance Fund of the City be subject to judgments, liens or encumbrances of claimants or creditors of any separate governmental entity that has contracted with the City to manage its self-insurance program and fund. Nothing shall preclude the City from expressly agreeing with another governmental entity to front end the payment of settlements or judgments, subject to reimbursement to the City in accord with the terms of the agreement with that governmental entity.

The City Council recognizes the undesirable consequences of uninsured liability of the City including failure to respond to meritorious claims in a timely fashion and greater ultimate costs of settlement caused by failure to investigate claims in an orderly and timely manner. The City Council hereby declares that the appropriate remedy is to create a Reserve Fund for purposes of self-insurance of the City to the extent that insurance coverage has not been obtained. The City Council declares that the purpose of this article is to create a Claims Reserve Fund, provide a mechanism for claims adjustment, investigation, and defense, and to authorize the settlement and payment of claims and payment of judgments rendered against the City for claims or judgments arising out of violation of Federal law or pursuant to any action which lies in tort or could lie in tort regardless of whether that may be the type of cause or action chosen by the claimant. The City Council finds that, to adequately protect the City and carry out these purposes, it is necessary to authorize the executive and administrative branch of the City to perform claims management services as promulgated in the administrative regulations outlined in the claims management policy for the City. The City Council declares that its intent is to explore the availability of commercial liability insurance policies of all types, including, but not limited to, variable deductible amounts, to ensure that the costs of protecting the City against liability are minimized. (Ord. 11-18)