HomeMy WebLinkAbout900301.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES WITH COUNTY WORKERS '
COMPENSATION POOL AND AUTHORIZE CHAIRMAN TO SIGN
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, Weld County wishes to self-fund a portion of its
anticipated workers ' compensation claim losses, and
WHEREAS , the Board has been presented with an Agreement for
Services with County Worker' s Compensation Pool, to become
effective January 1, 1990 , with the further terms and conditions
of said Agreement being as as stated in the Agreement, and
WHEREAS, after study and 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
Services with County Workers ' Compensation Pool be, and hereby is,
approved.
BE IT FURTHER RESOLVED by the Board that the Chairman 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 4th day of
April, A.D. , 1990, nunc pro tunc January 1, 1990 .
y^ 7 BOA OF COUNTY COMMISSIONERS
ATTEST: 1� WEL NTY, COLO ADO
Weld County terk and Recorder
and Clerk to the Board ene R. Brantner, Chairman
Thi/l)x..ni A A i l �ic f/wy tJ eorge nedy Pro-Tem J "
Deputy County C rk
gy�5pp�(/
APPROVED AS TO FORM: n ce Z. ;afb�ft
(b(tC.W. Kirby
County Attorney EXCUSED
Gordon E. Lacy
v) lYlj 900301
AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into this 1st day of January, 1990 by and between
the County Workers' Compensation Pool ("CWCP" or "Pool"), a public entity formed by
intergovernmental agreement under Colorado law, and Weld County ("COUNTY"), a
political subdivision of the State of Colorado.
ARTICLE I. RECITALS
1. The COUNTY is a member in good standing of CWCP and has adopted the CWCP
By-laws and Intergovernmental Agreement (the "Bylaws"), as amended from time to
time by the CWCP membership.
2. The COUNTY is current with respect to all of its obligations to CWCP and
therefore eligible to participate in CWCP's partially self-funded option program (the
"Program").
3. The COUNTY wishes through CWCP to self-fund a portion of its anticipated
workers' compensation claim losses while having CWCP continue to provide claims
handling and management services and loss control and prevention programs for the
COUNTY and CWCP is willing to provide such services on the terms and
conditions hereafter stated.
ARTICLE H. TERM
The Agreement shall take effect on the date COUNTY's partially self-funded
program becomes effective, January 1, 1990, and shall continue for one year unless the
County ceases to be a CWCP member. This Agreement and the Program shall continue
and remain in effect to augment the terms of the Bylaws unless cancelled by either party
as herein provided or until the County ceases to be a member of CWCP as provided by
the Bylaws. Upon termination of this Agreement, neither party shall have any further
responsibility or obligation hereunder except as provided herein or in the Bylaws.
ARTICLE III. OBLIGATIONS OF COUNTY
1. The COUNTY annually shall budget and appropriate specific funds to pay CWCP
an annual fee for insurance coverage and services rendered as set forth in addenda
to this Agreement. After the inaugural year of the Program, the annual fee shall be
subject to adjustment determined by CWCP.
2. The COUNTY annually shall budget and appropriate sufficient funds for the
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900301
payment of claims, assessments or losses and of allocated loss expenses. For this
purpose, allocated loss expenses means all costs, charges or expenses of third parties
reasonable incurred by CWCP, its agents or its employees, which are properly
chargeable to a qualified claim or loss including, without limitation, court costs, fees
and expenses or attorneys, independent investigators, experts and witnesses, and fees
for obtaining diagrams, reports, documents and photographs. A portion of such
funds shall be delivered to CWCP at the inception of the COUNTY's participation
in the Program in an amount determined by CWCP. Additional funds shall be
forwarded to CWCP from time to time based on estimates delivered to the
COUNTY by CWCP of the anticipated or actual level and volume of qualified
claims, assessments or losses and allocated loss expenses.
3. The COUNTY shall pay the annual fees and loss fund contributions on or before
February 15th of each year and shall pay promptly CWCP's invoices for loss fund
payments within fifteen (15) days of receipt.
4. It is the parties' intent that at all times CWCP shall have available sufficient funds
from the COUNTY to pay promptly all of the COUNTY'S reasonably anticipated
qualified claims, assessments, losses and allocated loss expenses. The parties do not
intend for CWCP be required to advance Pool funds to pay claims, assessments,
losses or allocated loss expenses, or to perform services if the COUNTY fails to
provide necessary funds as provided in paragraphs 1 and 2 of this Article III.
ARTICLE IV. OBLIGATIONS OF CWCP
CWCP will supervise, administer, manage and provide claims handling and
management services through a Third Party Claims Administrator identified in the addenda
to this Agreement and loss control and prevention programs to the COUNTY in accordance
with the Bylaws and shall act as 'the representative of COUNTY in all matters related to
such services.
ARTICLE V. CANCELLATION
1. This Agreement may be cancelled on any anniversary date by either party giving the
other written notice of intention to cancel as provided by Article XV of the Bylaws.
2. Should the COUNTY be expelled from membership in CWCP as provided by the
Bylaws, CWCP shall retain all pending claim files. The COUNTY shall continue to
reimburse CWCP for all costs associated with the COUNTY'S claims paid through
CWCP which are subject to the COUNTY'S self-funded retention as specified in the
addenda hereto. The COUNTY also shall pay all costs associated with continuing
claim management subsequent to expulsion.
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900391
• ARTICLE VI. INFORMATION
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 CWCP, are the property of CWCP
and remain CWCP exclusive property during the existence of and after termination of this
Agreement.
ARTICLE VIII. GENERAL PROVISIONS
1. Any notice between the parties required to be given under this Agreement (not
including notices required by any excess insurance contracts) shall be sent by
certified mail to the representatives of the parties identified in the addenda.
2. 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.
3. Time is of the essence in the performance of all of the parties' obligations and
duties under this Agreement.
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, 1990.
CO W S; MPENSATION POOL (CWCP)
•
WELD COUNTY, COLORADO (COUNTY)
i�s1 l7gjadadrschs_
By: Chair, Board of County Commissioners
Date: t.ey,f 1 4 1999
Attest: if
B : County Clerk (COUNTY SEAL)
te: April 4, 1990
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900301
ADDENDUM I
ANNUAL FEE:
The COUNTY has budgeted, appropriated and agrees to pay upon receipt of CWCP's
invoice and on or before February 15th, the Pool's annual fee including a Pool loss fund
contribution and the COUNTY's share of the Pool's fixed costs in the total amount for
1990 of $107334. Payments due shall be considered delinquent if not paid by February
15th and shall accrue interest from the delinquency date. The interest rate shall be the
prime rate of the bank in which the majority of the Pool's funds are invested on the
delinquency date.
SELF-FUNDED PORTION:
The COUNTY has elected a self-funded retention of $200.000 for each claim occurring on
or after January 1, 1990. Accordingly with respect to each and every claim or loss the
COUNTY is totally responsible to CWCP for the payment of the first $200.000 of each
claim or loss.
The COUNTY has budgeted, appropriated and agrees to pay upon receipt of CWCP's
invoice the COUNTY'S qualified claims, assessments or losses and allocated loss expenses.
At the inception of the COUNTY's participation in the Program the COUNTY shall deliver
$20.000 to CWCP. Additional funds shall be forwarded to CWCP from time to time based
on estimates delivered to the COUNTY by CWCP of the anticipated or actual level and
volume of qualified claims, assessments or losses and allocated loss expenses. Payments
due shall be considered delinquent if not paid within fifteen (15) days of the invoice date
and shall accrue interest from the delinquency date. The interest rate shall be the prime
rate of the bank in which the majority of the Pool's funds are invested on the delinquency
date.
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed
by the following persons authorized to act on behalf of their respective entities, dated and
effective as of January 1, 1990.
COUNTY WORKERS' OMP NSATION POOL (CWCP)
�/
By:
Date: April 4, 1990
WELD COUNTY COLORADO,D (COUNTY)
`i`!% �l+ cam!
a.
-= r. v� l P�J.¢
glinfy: Chair, Board of County Commissioners
2.14.12
Date: April 4, 1990 a, ,
/
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900301
ADDENDUM II
Notices in connection with this Agreement and its Addenda shall be delivered to the
following in the case of CWCP:
County Workers' Compensation Pool
c% Pool Administrator
Colorado Counties, Inc.
1177 Grant Street
Denver, Colorado 80203
and to the following in the case of COUNTY:
CWCP Designated Correspondent
IN WITNESS WHEREOF, the parties have caused this Addendum to be executed
by the following persons authorized to act on behalf of their respective entities, dated and
effective as of January 1, 1990.
COU I WORKERS' C MP ATION POOL (CWCP)
By. .
Date: April 4, 1990
WELD COUNTY, COLORADO (COUNTY)
y: Chair, Board of County Commissioners
Date: April 4, 1990
Al 7.51-:
''J :1..D COUNTY -_';:RK A.HD RECORDER
AND C..L`i?C -10 Ti ' OAKD.
�y sM
De uty County Clerk
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