HomeMy WebLinkAbout019 - 03/03/2015 - AMENDING SECTIONS 8-106 AND 8-108 OF CITY CODE PERTAINING TO IMPLEMENTATION AND ADMINISTRATION OF TH ORDINANCE NO. 019, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 8-106 AND 8-108 OF THE CODE OF THE CITY OF FORT
COLLINS PERTAINING TO IMPLEMENTATION AND
ADMINISTRATION OF THE CITY'S RISK MANAGEMENT PROGRAM
WHEREAS, the City Code currently requires the City's Purchasing Agent to be
responsible for implementation and administration of the City's risk management program; and
WHEREAS, the City's Financial Officer has analyzed the City's safety and risk
management programs and determined that reorganization of personnel and responsibilities is
advisable and necessary in order to maximize efforts to improve performance; and
WHEREAS, the City Council has determined that the recommended City Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 8-106 of the Code of the .City of Fort Collins is hereby
amended to read as follows:
Sec. 8-106. Covered expenses.
Except to the extent that the City has agreed otherwise in an intergovernmental
agreement with any other participating entity concerning the participating entity's legal
liability to third-party claimants, as authorized in § 8-105, the fund shall only be used to
pay the City's uninsured portion of the following "covered expenses":
(1) The City's indemnity and defense obligations to its employees under Division 6,
Article VI of Chapter 2 of this Code.
(2) The City's costs and attorneys' fees in defending the City and/or any. of its
employees against:
a. Any claim arising under contract;
b. An action under Rule 106 of the Colorado Rules of Civil Procedure;
C. A declaratory judgment action;
d. An action arising under a state or federal statute; and
e. An inverse condemnation action.
(3) Judgments entered against and settlements agreed to by the City in civil actions
for damages arising under tort, state or federal statute, or Rule 106(a)(2) of the Colorado
Rules of Civil Procedure;
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(4) The City's costs and expenses incurred for the repair or replacement of City
property, real or personal, which costs are sustained by reason of the theft of or the
damage to said property, excluding normal wear and tear, provided that such theft or
damage is customarily covered by a commercial property insurance policy;
(5) The City's defense costs, attorneys' fees, medical expenses, disability benefits,
indemnity benefits and other costs associated with workers' compensation claims filed
against the City;
(6) Insurance premiums, broker fees and taxes for liability, property and workers'
compensation insurance policies;
(7) Such costs of administering the program as are deemed reasonable and necessary
by the City's Financial Officer or such officer's designee; and
(8) Loss prevention costs for safety training, incentive programs, personal protective
equipment for employees, industrial hygiene studies and other expenses that are deemed
appropriate by the City's Financial Officer or such officer's designee.
Section 2. That Section 8-108 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-108. Implementation and administration.
(a) The City's Financial Officer shall be responsible for implementation and
administration of the program, including the settlement of claims. The Financial Officer
is authorized to promulgate rules for the proper daily management, operation and
maintenance of the program, and is further authorized to enter into a professional services
agreement pursuant to relevant provisions of this Code for the administration of claims.
(b) The Financial Officer or such officer's designee shall authorize expenditures from
the fund for covered expenses described in § 8-106 and shall maintain such accounting
records pertaining to each such transaction as may be deemed necessary by the City's
Financial Officer. Covered expenses shall be paid on an occurrence basis.
(c) The total amount of the covered expenses paid out of the fund shall be allocated
among the various departments of the City, and the departments charged therefor,
according to an assessment of each department's exposure by the Financial Officer or
such officer's designee. Factors to be considered by the Financial Officer or such
officer's designee shall include, without limitation, each department's payroll, revenue,
value of property utilized, previous loss history, expected losses and reserves for workers'
compensation claims that may be required by the Colorado Department of Labor and
Employment.
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Introduced, considered favorably on first reading, and ordered published this 17th day of
February, A.D. 2015, and to be presented for final passage on the 3rd day of March, A.D. 2015.
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City Clerk
Passed and adopted on final reading on this 3rd day of March, A.D. 2015.
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