HomeMy WebLinkAbout911424.tiff RESOLUTION
RE: APPROVE PURCHASE OF SURETY BOND FOR WORKERS COMPENSATION INSURANCE PROGRAM
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 County has reviewed the alternatives to the Workers
Compensation Insurance Program and has determined that the best alternative is
to keep the County's current Workers Compensation Insurance Program with a self-
insurance program that provides improved administrative services as well as
reduced costs to the County, and
WHEREAS, the Division of Labor, State of Colorado, requires that all self-
insured organizations post a surety bond with the Division to guarantee the
payment of Workers Compensation claims incurred by the County, and
WHEREAS, the County desires that the surety bond be purchased from The
Aetna Casualty and Surety Company, an insurance company authorized to do business
in the State of Colorado, a copy of said bond being attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Chairman be, and hereby is, authorized to enter into
an agreement with The Aetna Casualty and Surety Company to purchase a surety bond
for the County's self-insured Workers Compensation Insurance Program.
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 11th day of December, A.D. , 1991.
J //� BOARD OF COUNTY COMMISSIONERS
ATTEST: ,G '�C( I/1Q7
U WELD COUNTY, COLORADO
�' i J
Weld County Clerk to the Board
/J Go don E. a ,i •• man
By: i__i ,,t t''7 / - --_C.-t_i.-"-( -c_ e _p l' a-. • Q.
Deputy Gkerk' to the B and George Kenned , Pro-Tem P ,----
APPROVED A TO FORM: u Jr---- _4 i , ,•> " ' ' '' •
Constance L. Harbert
X,„re.-c-cy
ounty Attorney C. W. Kirby
q
(
W. H. Webster
911424
c)- CC i,2
Bond No. 19 S 100729968 BCA
EXECUTIVE DIRECTOR
DEPARTMENT OF LABOR AND EMPLOYMENT e „ .,
DIVISION OF WORKERS ' COMPENSATION ' °''
1120 LINCOLN STREET RM. 1403 "�� •m"
DENVER, COLORADO 80203
SURETY BOND FOR SELF-INSURING EMPLOYERS
KNOW ALL MEN BY THESE PRESENTS: That
WELD COUNTY, COLORADO
of P.O. Box 578, Greeley, CO 80632
as Principal, and THE AETNA CASUALTY AND SURETY COMPANY
of 151 Farmington Avenue, Hartford, CT 06156
as Surety, are held and firmly bound unto the Executive Director,
Department of Labor and Employment, as Obligee, for the use and
benefit of claimants entitled to benefits under the Colorado
Workers ' Compensation Act in respect to the employees of said
Principal, in the penal sum of Three Hundred Thousand and No/ 100
Dollars ($ 300,000.00 ) , for the payment of which, the
Principal and the Surety bind themselves respectively, and their
respective heirs, administrators, executors, successors and
assigns, jointly and severally, by these presents.
WHEREAS, In accordance with the provisions of said Workers '
Compensation Act of Colorado, the Principal has elected and been
permitted by the Executive Director to operate as a self-insurance
carrier; and,
WHEREAS, In consideration thereof, and in consideration of the
acceptance of this bond, the Principal hereby agrees as follows:
To pay compensation according to the terms and provisions of
said Act to its employees, or to their dependents when death
ensues, and to furnish medical aid pursuant to C.R.S. section
8-42-101, as amended, and to pay funeral expenses, as provided by
said Act, and to pay, perform and discharge any lawful award
entered in regard to such injured or killed employees, or
dependents of deceased employees, and to cover all administrative
and other costs incidental to the payment of said compensation
benefits under the Colorado Workers ' Compensation Act.
And it is further agreed by said Principal and Surety that any
lawful award entered against said Principal, shall likewise be
accepted as an award against said Surety, and notice to said
Principal shall be deemed notice to the Surety.
And it is further agreed by said Principal that said
Self-Insurance Permit is accepted subject to authority of the
Executive Director to prescribe the rules and regulations, upon
which said Permit shall be granted or continued, and subject to the
full right and authority of the Executive Director to at any and
all times during the life of said Permit prescribe new and
additional rules and regulations.
And it is further agreed, that the proceeds of this bond can
be used for no other purpose than to pay workmen ' s compensation in
behalf of claimants subject to Title S Articles 40 to 47 of the
Colorado Revised Statutes and cannot be used for compensating
employees of the employer not subject to the Colorado Workers '
Compensation Act.
And it is further agreed that the Surety does undertake and
agree that the obligation of this bond shall cover and extend to
all past, present, existing and potential liability of said
Principal as a self-insurer to the extent of the penal sum herein
named, without regard to specific injuries, date or dates of
injuries, happenings or events which have or shall be granted by
any award or awards entered or made under the Workers ' Compensation
Act of Colorado.
And it is further agreed that the Surety will become liable
for workers compensation obligations of the Principal on the date
that workmen's compensation benefits are suspended and the Surety
will begin payment within thirty (30) days after receipt of written
notification by the Executive Director to begin payments under the
terms of this bond.
And it is particularly understood and agreed that the
liability of said Principal for any such award or compensation is
not limited to or by the amount of this bond, nor diminished,
curtailed nor lessened by anything herein contained, and it is
further understood and agreed that the said Surety shall be liable
to the full penal sum herein mentioned for the default of the
Principal in fully discharging any liability on the part of the
Principal accruing hereunder. The liability herein imposed shall
be joint and several as to and between said Principal and Surety,
and each and all of them. The word "Surety" when herein used
includes plural as well as singular.
NOW, THEREFORE, If said Principal and Surety shall perform or
cause to be performed, each and every agreement, stipulation, term
and covenant herein set forth and to pay or cause to be paid, all
awards entered or made under the Workers ' Compensation Act of
Colorado, as provided by this bond, or under and in accordance with
the terms, provisions and limitations of said Act, then this
obligation to be null and void, otherwise to remain in full force
and effect.
PROVIDED, HOWEVER: (a) This bond shall continue in force
until canceled as herein provided; (b) This bond may be canceled by
the Surety by sending of notice in writing to the Obligee, stating
when, not less than ninety (90) days thereafter, liability •
hereunder shall terminate. Such cancellation, however, shall not
affect any liability incurred or accrued under this bond, prior to
the effective date of such cancellation specified in such notice.
7.
- - ----
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IN TESTIMONY WHEREOF, Said Principal and said Surety have
caused this instrument to be duly executed and have hereunto
affixed /their seals this 3ist day of December , A.D. 19 91
I i / 1; 7/ ,
Attest: r ' , , :i>27 WELD COUNTY, COLORADO
(Prin ipal)
/' I /� /7 �-y--
By , rte•,% ��:'__ --t r,-,.1:
BV Geor,0 K=nneae. Cnairmar
(Title) (Title)Board of County Commissioners
'S__ TIC =ETNA CASUALTY AND SURETY COMPANI
-_) By
(Surety)
---7-3—(---tan-%- Se-41-4
Yd j�
By -
(Attorney-in-Fact) .
Brian Sandy,
B-2 Rev. 01/15/91
THE /ETNA C 4LTY AND SURETY COMPANY
Connericuc 06756
LIFE&CASUALTY
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(8)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS.THATTH E STNA CASUALTY ANO SURETY COMPANY,a corporation duly organized under the laws Of the
Stare or Connecticut.and having its principal office in the CIry of Hartford.County of Hartford,Slate of Connecticut,hath made.constituted and
a000inted.and does by these presents mace.constitute and adpant Phillip R. Fierro, D. J. Robinson, Christopher
A. Perrin, Lora L. Cottrell, Greg Michels, P. J. McKinnis, Nora O. Garza, Ellen G. Potter,
Rebecca L. Schmuecker, Mary Bescher or Brian Sandy - -
of Denver, Colorado its true anc lawfut Anorney(st-•n-Fad.with full power and authority heresy conferred
to sign, execute and acxnowiedge.at any place within the United States. or, if :he following line be filled in, wdnin :rte area :here desig-
nated the following Instrumendsl:
by his/her sale signature and act.any and all bands,recognizances.contracts of indemnity,and other wnhrigs°pica:or/in:he nature of a bond.
recognizance.or conditional undertaking,and env and all consents Inc:cents:hereto
and to bind THE ANA CASUALTY AND SURETY COMPANY,:hereov as,fully and to the same extent as if the same were signed by the duly
authorized officers of THE.ETNA CASUALTY ANO SU RETY COMPANY,and all the acs of said Aaomeylsi-in-Path,pursuant to the autnonry herein
given.are herepy ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Company wnich Resolutions are now in full farce
and effect:
VOTED:That each of the following officers:Cbinnan,Vice Chairman,President.Any Executive Vice President.Any Senior Vice President,Any Vice
•
President.Any Assistant Vice President.Any Secretary.Any Assistant Secretary,may from time to time appoint Resident Vice Presidents,Resident
Assistant Secretaries,Attomeys•in-Fact.and Agents to eater and on ben all of the Company and may give any such appointee such authority as his
certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of
indemnity.and other writings obligatory in the nature of a bond.recognizance.or conditional undertaking,and any of said officers a the Board of
Directors may at any time remove any such appointee and revake the power ana authority given him.
VOTED:That any bond.recognizance.contract of indemnity,orwriting obligatory in the nature of a bond.recognizance,or conditional undertaking
shall be valid and binding upon the Company when tai sig n ed by the Chairman,Me Vice Chairman.the President.an Executive Vice President.a
Senior Vin President,a Vice President.an Assistant Vice President or by a Resident Vice President, pursuant to me power prescribed in the
certificate of authonty of such Resident Vin President.and duly attested and sealed with me Company's seal by a Secretary or Assistant Secretary
or try a Resident Assistant Secretary,pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary;or(bl duty
executed(under seal.if requiredl by one ar more Attorneys-in•Faa pursuant to the power prescribed in his or their certificate or camficates of
authority.
This Power of Attdmey and Certificate of Authority is signed and sealed by facsimile under and by authority a(the fallowing Standing Resolution
voted by the Board of Directors of THE ATNA CASUALTY AND SURETY COMPANY wnich Resolution is now in full farce and effect:
VOTED: That the signature of each of the following officers:Chairman.Vice Chairman,President Any Execunve Vice President,Any San tar Vice
President,Any Vice President.Any Assistant Vice President,Any Secretary,Any Assistant Seaetary,and me seal of me Company may be affixed by
facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents.Resident Assistant Secretaries or
Attomeys•in-Faafar purposes only of executing and attesting bonds and undertakings and other writings as ligato ry:n the nature thereof,and any
such power of attorney or certificate bearing such facsimile signature or facsimile seal snail be valid and binding uoan:rte Comoanv and any such
power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon me Company in the future with
respect to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,THE/ETNA CASUALTY AND SURETY COMPANY has caused this instrument:o be signed iv its Senior
Vice President ,and its corporate seal to be hereto affixed this 12th
day of June . 1991
THE /ETNA CASUALTY AND URETY COMPANY
ay A.
State of Connecticut 1 J eeph P. Kiernan(
as.Hanford Senior Vice President
Counry of Hartford
Om this 12th day dt June :991 adore me personally come JOSEPH P. CCERNAN
to me known.wno.being by me duly sworn.did depose and say: :hat heishe is Senior Vice President at
THE/ETNA CASUALTY AND SURETY COMPANY.the corporation descnbed in and wnicn exec fed me acove mstntment::hat he/sne knows the
• seal of said corporation:mat the seal affixed to the said instrument is sucn corporate seal:and that he/she executes me said instrument on ben alf
at the corporation by authority of his/her office under the Standing Resolutions thereof.
�e�1 �• i'/I,�1Tt,
N awes Mara,]1. ni-19.2 Notary Puadc
Rosalind R. Christie
CERTIFICATE
I,the undersigned. Secretary of THE AINA CASUALTY AND SURETY COMPANY,a stack corporation of the
State of Connecticut 00 HEREBY CERTIFY that the foregoing and anacned Power of AnorneV and Certificate of Aumonry remains in full force ana
has not been revoked:and furthermore.that the Standing Resolutions of the Board of Directors.as set form in the Certificate of Authority,are maw
in force.
Signed and Sealed at the Home Office of the Company.in the Cry of Hartford.State of Connecticut.Dated this 31st day of
December •19 91 - I oi. ,•'
/lopri N. Welch
(IS-M2-P1 "•
191a9 ..._.../ Secretary PBIrvTEO M U.5 A.
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