HomeMy WebLinkAboutFCS-11-049 - Delegation of Execution of ReleasesREPORT TO:Committee of the Whole
DATE OF MEETING:
March 7, 2011
SUBMITTED BY: Lesley MacDonald, Director of Legal Services &
City Solicitor, 519-741-2267
PREPARED BY:
Lesley MacDonald, Director of Legal Services &
City Solicitor, 519-741-2267
WARD(S) INVOLVED: N/A
DATE OF REPORT: March 3, 2011
REPORT NO.: FCS-11-049
SUBJECT: Delegation of the Execution of Releases pertaining to
awards of damages, satisfaction of claims, lawsuits,
recovery of insurance proceeds and costs.
RECOMMENDATION:
That the Chief Administrative Officer and the Deputy Chief Administrative Officers are hereby
authorized to execute any Releases pertaining to awards of damages, satisfaction of claims,
lawsuits, recovery of insurance proceeds and costs where the award is $100,000.00 or less;
said Release documentation must be to the satisfaction of the City Solicitor.
BACKGROUND:
From time to time the city is involved in matters where it becomes appropriate for the City to be
paid monies on account of a loss the City incurred such as damage to City property and in order
to receive those monies the City is asked to execute a Release, releasing the other party (ies)
from any further responsibility with respect to the particular matter. For example currently the
City is involved in a matter where one of its gas meters was hit by a vehicle and the vehicle
owner’s insurance company has acknowledged the damages and is prepared to reimburse the
City for the costs to repair the meter but it requires a Release executed by the City indicating
that the City will not be seeking further recovery from the insurance company and vehicle
owner.
REPORT:
Once City staff and/or the insurance pool staff, involved in the particulars files review
the details of the situation and determine there are no further concerns for the City, it is
appropriate to have a Release executed provided it is acceptable to the City Solicitor.
For expediency purposes staff would take the Release for signature to either the CAO
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or the DCAO most familiar with the area involved where ever possible. Staff proposes
that the CAO and DCAO be able to sign any such Releases pertaining to payments of
$100,000 or less.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
N/A
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
N/A
ACKNOWLEDGED BY:
Dan Chapman, Deputy CAO and City Treasurer
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