HomeMy WebLinkAbout20253500 Resolution
Approve Agreement for Partially Self-Funded Program and authorize Chair to
sign — Colorado Counties Casualty and Property Pool, c/o County Technical
Services, Inc. (CTSI)
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, on behalf of the Department of Human
Resources, and Colorado Counties Casualty and Property Pool, c/o County Technical
Services, Inc. (CTSI), commencing January 1 , 2026, and ending December 31 , 2026,
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, on behalf of the Department of Human Resources, and Colorado Counties
Casualty and Property Pool, c/o County Technical Services, Inc. (CTSI), be, and hereby
is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 17th day of December, A.D., 2025:
[Insert Resolution Attestation Block Post Meeting]
2025-3500
PE0037
Coh &-1--IDS 10159
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE: 2026 CAPP Agreement
DEPARTMENT: Human Resources DATE: 12/8/25
PERSON REQUESTING: Kelly Leffler/Jill Scott
Brief description of the problem/issue:
The attached agreement is between Colorado Counties Casualty and Property Pool (CAPP) and Weld County
Government for the period of January 1, 2026— December 31, 2026.
What options exist for the Board?
Approve
Not approve and seek other options for claims adjudication and management services for property and liability
as well as loss control and prevention programs.
Consequences:
If not approved, Weld County risks the liability of not having a partially self-funded property and liability
insurance policy and will no longer be in good standing of CAPP.
Impacts:
By signing this agreement Weld County remains in good standing with CAPP and will continue to be a
part of the pool.
Costs (Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
This agreement takes effect on January 1, 2026, and is valid through December 31, 2026. Weld County's
contribution is $3,259,046 with a discount of $97,069 for CTSI fees and a $20,000 deposit for claims
fees. The amount due on January 1, 2026 is $3,181,977.
Recommendation:
It is recommended for the Board of County Commissioners Chair sign the agreement for the Partially Self-Funded
Program provided by Colorado Counties Casualty and Property Pool (CAPP). Signature is needed on page 4
of the Colorado Counties Casualty and Property Pool Agreement for Partially Self-Funded Program Weld SF
County document. The invoice is attached for your review.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier `
Kevin D. Ross 1{iL
2025-3500
� Z/1 -7 WS-1
CTSI
Serving Colorado's Counties
Colorado Counties Casualty and Property Pool
Agreement for Partially Self-Funded Program
Weld SF County
January 1, 2026 through December 31, 2026
THIS AGREEMENT is entered into this 1st day of January 2026 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 SF County("County"), a political subdivision of the State of Colorado.
ARTICLE 1.0 RECITALS
1.1 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 2026 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, 2026, 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$3,259,046 with equity credit of$0 and discount of CTSI fees in the
amount of($97,069) for a total contribution due of$3,161,977 by January 31, 2026 for insurance
coverage and services rendered by CAPP for the period January 1, 2026—December 31, 2026. For
services provided by CAPP after December 31,2026,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 413,114 in 2026 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
2026 CAPP Self-Funded Agreement Page 1
•
CAPP. 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 31,2026. 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.
2026 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.
2026 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, 2026.
COLORADO COUNTIES CASUALTY AND PROPERTY POOL(CAPP)
Atiadtiq.15(1M
Date: December 3,2025
Meredith K. Burcham
CTSI Executive Director
Weld SF County,Colorado(County)
By: — — Date: ZC_1 7 2025—
Perry L. Buck, Chair
Board of Weld County Commissioners
Attest: Date: C�;; 1 I 2025 —
Clerk to the Board
By:
Deputy Clerk to the Board
2026 CAPP Self-Funded Agreement ZOZ5-3500
CTSI
Serving Colorado's Counties
December 3, 2025
Invoice
2026 CAPP Contribution
Weld SF County
ACH Transfer Instructions Enclosed
Do not combine this check with any other payment being sent to CTSI.
A separate check for the amount due must be made payable to this pool.
To: Kelly Leffler, Weld SFCounty
From: Rhonda Curran, Manager of Risk Programs
Direct all inquiries to Rhonda Curran 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, 2026 through December 31, 2026
2026 Contribution: $3,259,046
2026 Discount for CTSI Fees ($97,069)
Subtotal $3,161,977
2026 Equity Credit: �0
2026 Amount Due $3,161,977
Deposit for claim payments $20,000
Due January 1, 2026: $3,181,977
Amount for January 1 through December 31,2026 is payable January 1,2026 and becomes
delinquent on January 31,2026 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.
Contract Form
Entity Information
Entity Name* Entity ID* 7 New Entity?
COLORADO COUNTIES CASUALTY @00001 283
AND PROPERTY POOL
Contract Name* Contract ID Parent Contract ID
2026 CAPP AGREEMENT 10159
Requires Board Approval
Contract Status Contract Lead* YES
CTB REVIEW BPETERSON
Department Project #
Contract Lead Email
bpeterson@weld.gov
Contract Description*
2026 AGREEMENT RENEWAL BETWEEN CAPP AND WELD COUNTY GOVERNMENT EFFECTIVE 01 /01 /2026 -
12/31 /2026.
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT HUMAN RESOURCES Date* 12/13/2025
12/17/2025
Amount* Department Email
$3,181 ,977.00 CM- Will a work session with BOCC be required?*
HumanResources@weld.g NO
Renewable*
ov
NO Does Contract require Purchasing Dept. to be
Department Head Email included?
Automatic Renewal
CM-Hu manResources-
Grant DeptHead@weld.gov
IGA County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
01 /01 /2026 11 /01 /2026
Expiration Date*
Termination Notice Period Committed Delivery Date 1 2/31 /2026
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
JILL SCOTT RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
1210 2025 12/10/2025 12/10/2025
Final Approval
BOCC Approved Tyler Ref#
AG 121725
BOCC Signed Date
Originator
BOCC Agenda Date BPETERSON
1217i2025
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