HomeMy WebLinkAboutord1979-042b
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Date August 2, 1979_ Introduced by: Hansey _
Proposed by:
ORDINANCE NO. 79 -42
AN ORDINANCE ESTABLISHING PROCEDURES
FOR THE PROCESSTNG OF CLAIMS AGAINST
WHATCOM COUNTY
WHEREAS, Charter Section 9.20 requires
the County Council to adopt by ordin-
ance procedures for the processing of
claims; and,
WHEREAS; "claims" include tort claims,
damage claims, mechanics, labor and
materials, and equipment supplier
claims; claims against contractors
retainage, wage claims, contract
claims, claims for services rendered,
etc.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. Tort and Damage Claims
1.1 Filing
All claims for damages against the County must be presented
to the County Executive and filed with the Clerk of the County
Council.
1.2 Requisites of Claim
All such claims for damages must locate and describe the
defect which caused the injury, describe the injury and contain,
the amount of damages claimed, together with a statement of the
actual residence of the claimant at the time of'presenting and
filing the claim and for a period of six (6) months immediately
prior to the time the claim accrued and be sworn to by the claimant
Provided that if .the claimant is incapacitated from verifying and
filing his claim for damages within the time prescribed, or if the
claimant is a minor, or in case the claim is for damages to real or
personal property, and the owner of the property is a nonresident
of the County or is absent therefrom during the time within which a
claim for damages is required to be filed, the claim maybe verifiec
,and presented on.behalf of the claimant by an relative / / / / / / / / / / ///
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.or attorney or agent representing the injured person or, in case
of damages to property, representing the owner thereof.
1.3 Time for Commencement of Action
No action shall be commended against the County for damages
arising out of tortious conduct until a claim has first been pre-
sented to the County Executive, filed with the Clerk of the County
Council, and an action commenced in the proper court within the.
period allowed by law for the commencement of a like acti.on,against
private parties.
1.4 Claim Forwarded to the Risk Manager
Every claim shall be promptly forwarded to the County Risk
Manager who shall consider same in light of County Tort Claims
Defense qualifications.
1.5 Summons and Complaint to Prosecutor and Risk Manager
Every tort action Summons and Complaint shall be promptly
forwarded to the office of the Whatcom County Prosecutor, and.the
County Risk Manager.
Section 2 Labor and Materials Claims
2.1 Notice Required to Create Lien Against Retainage
Every person performing labor or furnishing supplies toward
the completion of a contract for public improvements or work
by the County other than for professional services shall-have
a lien upon the retainage reserved, provided such notice of the
lien of such claimant shall have been given in the manner and
within the time provided in Revised Code of Washington 39.08.030
through 39.08.060 as now existing and in accordance with any amend-
ments that may be made thereto.
2.2 Special Notice Required for Suppliers to Bind Retain ge
Every laborer, mechanic, subcontractor; materi.alman and person
who supplies such persons with provisions and supplies for carrying
on contract work for the County shall have a right of action
against the contractor's bond provided that within thirty (30)
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the deputized department head or designee,that the materials have
hecn.furnished, the services rendered, or the labor performed
as described, and that the claim is a just, due and unpaid obli-
gation against the County; and no claim shall be paid without
such authentication and certification: PROVIDED, that the certi-
fications as to claims of officers and employees of the County for
services rendered shall be made by the person charged with the
duty of preparing and submitting vouchers for the payment of ser-
vices, and such person shall certify that the claim is just, true
and unpaid, which certificate shall be part of the voucher.
Section 4 Reimbursement Claims by Officers and Employees
No claim for reimbursement of any expenditures by officers
.or employees of Whatcom County for transportation, lodging, meals
or any other purpose shall be allowed unless the same shall be
..presented in a detailed account. The amounts to be paid officers
or employees as reimbursement for the use of their personal auto-
mobiles or other transportation equipment in connection with
officially assigned duties and other preapproved travel for public
purposes, or as reimbursement in lieu of actual expenses incurred
for lodging, meals or other purposes shall be as presecribed by
(resolution of the Whatcom County Council. The rates for such reim-
bursement may be computed on a mileage, hourly, per diem or other
basis as the County Council shall determine;otherwise, the rates
in effect at the time of adoption of the Whatcom County Charter
shall remain in effect.
All claims for reimbursement shall be duly certified by the
officer or employee submitting such claim on the form and in the
manner prescribed by the division of municipal corporations in the
office of the State Auditor.
Section 5 Advancements for Travel Expenses
5.1 Travel Advances Regulations of State Auditor
Whenever it becomes necessary for an• elected or appointed
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official or employee of the County to travel and incur expenses,
such o.f.ficers or employees may secure reasonable allowances iii
advance of expenditure under appropriate rules and regulations
presecribed by the State Auditor.
5.2 Advance Travel Authorization
Authorization of advancements for travel expense shall be
given by the County Executive, except for County Council members
or their staff, who shall receive authorization from the County
Council.
5.3 Revolving Fund Maintained as a Checking Account
There is hereby established an advance payment of travel ex-
penses revolving fund in the amount of $5,000.00 to be used solely
for the purpose of making advance payments for travel expenses.
The revolving fund shall be maintained in a bank as a check account
and advances to officials or employees will be by.check. The fund
will be replenished by warrant.
5.4 Lien on Wages for Repayment of Advances
As permitted by Revised Code of Washington Section 42.24.140,
Whatcom County shall have a prior lien against and a right to
withhold any and all funds payable or to become payable by the
County to such officer or employee to whom such advance has been
granted., up to the amount of such advance and interest at. the
rate of ten percent (10Q)per annun, until such time as repayment
or justification has been made.
5.5 No Advance if Prior Advance Repayment Delinquent
No advance of any kind may be made to any officer or employee
at any time he is delinquent in accounting for or repaying a. prior
advance.
5..6 Itemized Vouchers Required- Unexpended Advances Returned
Within ten (10) days following.the close of the authorized.
travel period for which expenses have been advanced to any officer
or employee, such officer or employee shall submit to the County
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f �
1 Auditor a fully itemized travel expanse voucher, for all rcimhurs-
2 .hIe items legally expended, accompanied .by the unexpended portion
3 of such advance, if any. Any advance or portion thereof not repaic
4 or accounted for in the time and manner specified herein shall.
5 hear interest at the rate of ten percent (10 %) per annum from the
6 date of default until paid.
7 5.7 Advances for County Purposes Only
8 All. advances made under the provisions of this ordinance
9 shall be considered as having been made to such officer or empl.oycE
10 to be expended by him as an agent of Whatcom County for the County'
11 purposes only, and specifically to defray necessary costs while
12 performing his official duties.
13 Section 6 Voucher Approval
14 Forms for detailed information supporting the claim, veri.-
15 fication, authentication, pre -audit and payment of claims for
16 services, supplies, or materials, shall substantially conform to
17 the requirements prescribed by the Division of Municipal Corpor-
18 ations in the State Auditor's Office.
19 Voucher approval form suggested by the I ?ivision of Municipal
20 Corporation in the State Auditor's Office may be altered to suit
21 the needs of Whatcom County under its Charter, and to permit
22 Certification of claims by the Blanket approval method.
23 The County Auditor or his designee may use the following
24 form to certify claims, including claims listed on blanket approval
25 form:
26 "I certify that the merchandise or services
hereinafter specified have been received and
27 that the claims listed below are just, due,
and unpaid obligations against Whatcom County;
28 that I am authorized to authenticate and
certify to said claims."
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30 Claims shall be submitted to the County Council for allowance.
31 Section 7 Allowance of Accounts
32 After certification and approval, all claims and accounts
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legally chargeable against Whatcom County shall be presented
to the County Council for allowance before payment.
For the purpose of allowance of accounts, the Whatcom County
Council hereby delegates to the County Executive, authority to
allow those accounts against the County for services, materials
and supplies furnished by the County which:
1. have been certified by the County Auditor or
the respective deputized department heads, as
provided in Section 6; and,
2. do not exceed the estimated revenue for such
purpose as contained in the current budget; and
3. are within confirmed cash income for the budget
year; and,
4. do not exceed appropriations for the specific
purpose for which such service, material or
supplies were furnished.
ADOPTED this 6th day of September,:1979
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
vi
airper. n
ATTEST: Joan Ogden
County Auditor and Ex- officio
Clerk f th. C ci 1
By: 2.
Deputy
APPROVED AS TO FORM:
bU - I �I411UAR R
,ivil Deputy Prosecuting Attorney
'` APPROVED VETOED Date
Co my Executive
ub.lished on August 9, 1979 and September 13, 1979.
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