HomeMy WebLinkAbout20130975.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR PARTIALLY SELF -FUNDED PROGRAM AND AUTHORIZE
CHAIR TO SIGN - COLORADO COUNTIES CASUALTY AND PROPERTY POOL
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement for the Partially Self -Funded
Program between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Colorado Counties Casualty and Property Pool, commencing
January 1, 2013, and ending December 31, 2013, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Agreement for the Partially Self -Funded Program between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and
Colorado Counties Casualty and Property Pool, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that former Chair Sean Conway be, and hereby
is, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 22nd day of April, A.D., 2013, nunc pro tunc January 1, 2013.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, 9C ORADO
ATTES
Weld County Clerk to the Board
BY'
AP
eputy CI -r to the B
OV- ° -t ORM:
Attorney
Date of signatureMAY 0 1 2013
William
Garcia, Chair
ouglas f ademactter, Pro-Tem
S -an P. Conway
ke Freeman
arbara Kirkmeye
(t. 51,
2013-0975
PE0031
CTSI
Serving Colorado's Counties
November 29, 2012
To: Monica Mika, Weld County
From: Patti LeII, Manager -Risk Programs
RE: Self -Funded Contracts
Enclosed are two originals of the Agreement for the Partially Self -Funded Program. Please have
the contracts signed, keep one copy and return one to me.
Also enclosed are the contribution invoice and Certificate of Participation.
Please call me if you have any questions.
2013-0975
Administration & Loss Prevention
Phone: 303.861.0507
Fax: 303.861.2832
County Technical Services, Inc.
800 Grant Street • Suite 400 Claims (CAPP & CWCP)
Denver, Colorado • 80203 Phone: 303.861.0507 1-800.544.7868
email: ctsi jctsi.org Fax: 303.861.1022
CTSI
Serving Colorado's Counties
November 29, 2012
Invoice
2013 CAPP Contribution
Weld County
Do not combine this check with any other payment being sent to CTSL
A separate check for the amount due must be made payable to this pool
To: Monica Mika, Weld County
From: Patti Lell, Manager -Risk Programs
Direct all inquiries to Patti Lell at 303-861-0507.
Make check payable to: Colorado Counties Casualty and Property Pool
800 Grant St. Suite 400, Denver, CO 80203
Membership in Colorado Counties Casualty and Property Pool
January 1, 2013 through December 31, 2013
2013 Contribution:
2013 Discount for CTSI Fees
Subtotal
2013 Equity Credit:
2013 Amount Due
Deposit for claim payments
Due January 1, 2013:
$464,950
($93,853)
$371,097
($62,509)
$308,588
$20,000
$328,588
Amount for January 1 through December 31, 2013 is payable January 1, 2013 and becomes
delinquent on January 31, 2013 at which time interest on the unpaid balance will begin to accrue.
Payment plans must be arranged in accordance with CAPP Bylaws, Article 9.A.
Serving Colorado's Counties
Colorado Counties Casualty and Property Pool
Agreement for Partially Self -Funded Program
Weld County
January 1, 2013 through December 31, 2013
THIS AGREEMENT is entered into this 1st day of January, 2013 by and between the Colorado Counties
Casualty and Property Pool ("CAPP" or "Pool"), a legal entity formed by intergovernmental agreement under
Colorado law, and Weld County ("County"), a political subdivision of the State of Colorado.
ARTICLE 1.0 RECITALS
The County is a member in good standing of CAPP and has adopted the CAPP Bylaws and
Intergovernmental Agreement (the "Intergovernmental Agreement"), as amended from time to time by the
CAPP membership.
1.2 The County is current with respect to all of its obligations to CAPP and therefore eligible to participate in
CAPP's partially self -funded option program (the "Program").
1.3 The County wishes to self -fund through CAPP a portion of its anticipated property and casualty claims for
program year 2013 while having CAPP continue to provide claims adjudication and management services
and loss control and prevention programs for the County and CAPP is willing to provide such services on
the terms and conditions hereafter stated.
ARTICLE 2.0 TERM
2.1 This Agreement shall take effect on January 1, 2013, and shall coincide with the term of CAPP's
obligations to pay the retention under the CAPP excess insurance policies (hereafter "Policies"), subject to
paragraph 3.7 of this Agreement.
ARTICLE 3.0 OBLIGATIONS OF COUNTY
3.1 The County shall pay CAPP $464,950 with equity credit of ($62,509) and discount of CTSI fees in the
amount of ($93,853) for a total contribution due of $308,588 by January 31. 2013 for insurance coverage
and services rendered by CAPP for the period January 1, 2013 — December 31, 2013. For services
provided by CAPP after December 31, 2013, pursuant to paragraph 4.1 of this Agreement, the County
shall budget, appropriate and irrevocably pledge an annual fee to be determined by the CAPP Board of
Directors.
3.2 The County shall budget, appropriate, and irrevocably pledge $148,705 in 2013 and thereafter at least
annually shall budget, appropriate and irrevocably pledge additional funds sufficient, which may be
determined from time to time by CAPP after consideration of actuarial or other financial reports, for the
payment of the first $125,000 of each qualified claim and allocated loss expenses per occurrence subject to
the Policies ("County self -funded retention"), none of which payments shall be the responsibility of CAPP.
2013 CAPP Self -Funded Agreement Page 1
For this purpose, allocated loss expenses means all costs, charges, or expenses of third parties reasonably
incurred by CAPP, its agents or its employees, which are properly chargeable to a qualified claim
including, without limitation, court costs, fees, and expenses of attorneys, independent investigators,
experts and witnesses, and fees for obtaining diagrams, reports, documents, and photographs; and
"qualified claims" means those claims for which coverage is provided pursuant to the Policies, subject to
any additional coverage limitations imposed by CAPP.
A $20,000 claims deposit shall be paid to CAPP by January 31, 2013. Additional funds shall be
forwarded to CAPP from time to time based on payments for qualified claims and allocated loss expenses.
Interest earned on payments made to CAPP pursuant to this paragraph 3.2 shall be credited to CAPP.
3.3 The County shall pay promptly CAPP's invoices pursuant to paragraph 3.2 within fifteen (15) days of
receipt. Interest on any overdue payment shall accrue at the rate consistent with the Intergovernmental
Agreement.
3.4 It is the parties' intent that at all times CAPP shall have available sufficient funds from the County to pay
promptly all proper charges to the County self -funded retention. The parties do not intend for CAPP to be
required to advance CAPP funds to pay the County self -funded retention or to perform services if the
County fails to provide necessary funds as provided in paragraph 3.2.
3.5 The County agrees that the timely payment of all amounts billed to it pursuant to this Agreement is an
obligation of the County under the Intergovernmental Agreement. The County agrees that any failure to so
pay, or any failure of the County to comply with any other provision of this Agreement, will result in
expulsion of the County from CAPP, and will subject the County to all other remedies and consequences
provided for in this Agreement and in the Intergovernmental Agreement.
3.6 If the County is entitled to any credit or payment under Article XI of the Intergovernmental Agreement for
any year, and if the County fails to timely pay any amounts due under this Agreement, the Board may, in
addition to any other remedies it has, apply against any such amounts due the amount of any credit or
payment CAPP owes or may in the future owe to the County as a result of such membership.
3.7 The County's obligations under this Agreement are subject to and conditional upon the County annually
budgeting, appropriating, and irrevocably pledging funds as provided in paragraphs 3.1 and 3.2 of this
Agreement. However, the County agrees that coverage of the County through CAPP under the Policies
and the services to be provided the County by CAPP are conditional upon such annual budgeting,
appropriation, irrevocably pledging of funds, and timely payment of all amounts due in accordance with
this Agreement and the Intergovernmental Agreement, and upon the County's compliance with all other
provisions of this Agreement. The County further agrees that failure by the County to so budget,
appropriate, irrevocably pledge, or make such payment or to so comply will result in no coverage through
CAPP under the Policies for any pending qualified claims for which the County fails to provide funds or
pay fees as provided in this Agreement, will result in cancellation of coverage under the Policies, and will
result in termination of any services provided to the County by CAPP under paragraph 4.1.
3.8 The County shall pay the full amount then pledged pursuant to paragraph 3.2 upon the request of the
CAPP Board if the CAPP Board reasonably determines that CAPP needs the payment in order to meet
applicable regulatory or statutory requirements.
2013 CAPP Self -Funded Agreement Page 2
ARTICLE 4.0 OBLIGATIONS OF CAPP
4.1 For qualified claims of the County under the Policies: CAPP will supervise, administer, manage and
provide claims adjudication through County Technical Services, Inc. or such other entity or person as the
Board of Directors of CAPP ("Board") may determine, until further notice thereof provided to the County,
in accordance with the Intergovernmental Agreement and shall act as the representative of County in all
matters related to such services.
ARTICLE 5.0 WITHDRAWAL AND EXPULSION
5.1 Withdrawal or expulsion of the County from CAPP shall not affect the obligations of the County or CAPP
under this Agreement.
5.2 On or before the effective date of withdrawal or expulsion of the County from CAPP, the full amount then
pledged pursuant to paragraph 3.2 shall be paid to CAPP plus such additional amount as the CAPP Board
may reasonably determine is necessary to pay the County's self -funded retention until all qualified claims
under the Policies are closed and to pay CAPP's costs pursuant to paragraph 5.3.
5.3 Upon withdrawal or expulsion of the County from CAPP, CAPP shall retain all pending claim files. The
County shall continue to pay CAPP for all costs associated with the County's claims paid through CAPP
which are subject to the County's self -funded retention in excess of the payment made pursuant to
paragraph 5.2.
ARTICLE 6.0 INFORMATION
6.1 All information developed for or specifically relating to claims servicing for the County, including all
source documents, stored data and technical, claims, and other information of any kind, and reports
prepared by or for CAPP, are the property of CAPP and remain CAPP exclusive property during the
existence of and after termination of this Agreement. The County shall have reasonable access to such
information, and the right, upon reasonable request, to copy the same at the County's own expense.
ARTICLE 7.0 GENERAL PROVISIONS
7.1 This Agreement is personal to each of the parties and no party may assign or delegate any of such party's
rights or obligations hereunder without first obtaining the written consent of the other party.
7.2 Time is of the essence in the performance of the parties' obligations and duties under this Agreement.
7.3 If any portion of this Agreement is declared invalid or unenforceable pursuant to a challenge by the County
or by any officer, employee, or resident of the County, or by any other person except CAPP, the CAPP
Board shall determine whether the Agreement is or is not severable and its decision shall be final. If the
Board determines the Agreement is not severable, the entire Agreement shall be terminated effective on
such date as the Board may decide, the County's coverage under the Policies shall be terminated as to all
pending and future claims as of that date, and all services by CAPP to the County shall be terminated as of
that date except for claims adjudication under paragraph 4.1 for claims for which coverage is not
terminated under this paragraph, if any exist. Nothing shall prevent the County from obtaining coverage
through CAPP in the same manner as other non -self -funded members.
7.4 This Agreement does not alter the Intergovernmental Agreement and the County retains all obligations of a
CAPP member as set forth therein. The obligations of the County under this Agreement are obligations of
the County within the meaning of the Intergovernmental Agreement.
2013 CAPP Self -Funded Agreement Page 3
7.5 This Agreement may be enforced by the parties or by any member, if so authorized by the CAPP Board of
Directors. All costs incurred by CAPP in the attempt to collect any amount due under this Agreement,
including reasonable attorney fees, court costs, and any arbitration costs, shall be paid by the County. The
venue for any court action related to this Agreement shall be the Denver District Court.
7.6 Notices in connection with this Agreement and its Addenda shall be delivered to the following in the case
of CAPP:
Colorado Counties Casualty and Property Pool
c/o County Technical Services, Inc.
800 Grant St., Suite 400
Denver, CO 80203
and to the following in the case of County:
CAPP Designated Correspondent
7.7 Any functions, powers, and responsibilities of CAPP provided for in this Agreement shall be exercised by
the CAPP Board or its authorized designee.
7.8 In addition to any other remedies which may exist, the CAPP Board may submit any dispute under this
Agreement to advisory arbitration, which shall be conducted pursuant to the rules of the American
Arbitration Association or other Colorado court annexed arbitration system in Denver, Colorado, as the
Board may determine.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by the following persons
authorized to act on behalf of their respective entities, dated and effective as of January 1, 2013.
COLORADO COUNTIES CASUALTY AND PROPERTY POOL (CAPP)
Date: November 29, 2012
Allen E. Chapman
CTSI Executive Director
Weld County, Colorado (County)
By:
Chair, Board of County Commissio
By:
Cou
(COUNTY SEAL)
Date: /2/3///a -
Date:
4,34 //a-
2013 CAPP Self -Funded Agreement
Page 4
Certificate of Participation
Colorado Counties Casualty and Property Pool (CAPP)
For the Coverage Period January 1, 2013 through December 31, 2013
WELD COUNTY
Colorado Counties Casualty and Property Pool (CAPP) hereby certifies that Weld County is a participating
Member of CAPP for the period beginning January 1, 2013 through December 31, 2013. The coverages,
conditions of membership, and other provisions applicable to members of CAPP are as described in CAPP's
Bylaws and Intergovernmental Agreement and in the applicable excess policies, policy statements and
endorsements thereto, copies of which have been or will be provided to Weld County.
The types and monetary limits of the coverages provided to Weld County through membership in CAPP, in
consideration of the payment of its contributions, are limited, as of the date of this certificate, to those which
are shown below. The scope, terms, conditions and limitations of coverages are governed by the
aforementioned agreement and policies.
I) The types of coverages, subject to the limit on CAPP's liability in Section II below, are as follows:
A) Property (including EDP, mobile equipment, and auto physical damage)
B) Liability
1) Bodily Injury, Property Damage (General Liability, Auto Liability)
2) Wrongful Acts committed in the conduct of duties (Public Entity Management Liability)
3) Bodily Injury, Property Damage, Personal Injury (Law Enforcement Liability)
4) Errors or omissions in the administration of an insured's employee benefits (Employee Benefits
Liability)
5) Injury resulting from healthcare professional services rendered by any insured who is not a medical
doctor, psychologist, psychotherapist or nurse practitioner. (Healthcare Professional Liability).
C) Crime
1) Monies and Securities (inside)
2) Monies and Securities (outside)
3) Employee Fidelity
D) Boiler and Machinery
II) CAPP Retention, Aggregate Limits, and Member Deductibles
For the coverages described in Section I, CAPP shall be liable only for payment of the self -insured retention
and only to a total annual aggregate amount for members of CAPP as a whole of the amount of the CAPP loss
fund for the coverage period. CAPP's per claim/occurrence retentions are limited to the following for the
foregoing coverages:
A) $150,000 per claim/occurrence property — County deductible $500
B) $250,000 per claim/occurrence liability (per coverage line) —County deductible $0 except in certain
claims - See CAPP Board and Member Policy Statements.
C) $150,000 per claim/occurrence crime — County deductible $500
D) $5,000 per loss boiler and machinery— County deductible $500
CAPP 2013 Certificate of Participation
There is a maintenance deductible of $500, which applies to each of the County's first party
claims/occurrences/losses (property claims). Payment of the deductible reduces the amount otherwise payable
under the applicable CAPP retention.
Pertaining to all liability losses, CAPP has purchased aggregate retention protection with a pool self -insured retention of
$6 million in any one policy year.
Coverages in excess of the foregoing pool retentions are provided only by the excess insurers in applicable excess
policies, and are payable only by those excess insurers. The limits of coverage provided by the excess insurers are
as follows:
A. Liability
From $250,000 per claim/occurrence to $10 million per claim/occurrence except for auto, which is non -
aggregated, subject to the following:
All liability coverages are provided on a claims -made coverage form. In no event shall the maximum per
claim/occurrence payment exceed the following for general liability, auto liability, public entity
management liability, law enforcement liability, employee benefits liability or healthcare professional
liability claims subject to the Governmental Immunity Act: $150,000 per person and $600,000 per
occurrence. Additional limits, sublimits and aggregates apply as provided in the applicable excess
policies.
B. Crime
From $150,000 to $1 million each occurrence.
C. Boiler and Machinery
From $5,000 to the cost of repair/replacement for each actual loss sustained up to $100 million.
Additional limits, sublimits and aggregates apply as provided in the applicable excess policies.
D. Property
From $150,000 to $100 million each occurrence. "All Risk" basis with sublimits of $10 million newly
acquired property, $5 million new construction each occurrence and $1 million unscheduled locations.
Sublimits of $5 million for property in Flood Zone A and $50 million for property in all other flood zones.
Newly acquired property must be reported within 90 days. Additional limits, sublimits and aggregates
apply as provided in the applicable excess policies.
The excess insurers for the coverage period are One Beacon and Lexington Insurance Co. and Hiscox.
Information concerning the CAPP loss fund for the coverage period may be obtained by contacting CAPP through its
Administrator, County Technical Services, Inc. (CTSI).
Colorado Counties Casualty and Property Pool
Allen E. Chapman, CTSI Executive
November 29, 2012
CAPP 2013 Certificate of Participation
Hello