HomeMy WebLinkAbout920921.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR SERVICES WITH CASUALTY AND PROPERTY 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, the Board has been presented with an Agreement for Services
between the Casualty and Property Pool and Weld County, commencing July 1, 1992,
with the 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 Services between the Casualty and
Property Pool and Weld County 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 23rd day of September, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
4144/41/L4
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board — _• �et
Iasi
e Ke edy, Chairman
BY: 17A - '
Deputy Cl k to the Boa4xL11; Constance L. Harbert, Pro-Tem
APPROVED A TO FORM:
C. W. Kir y
ounty Attorney Gord a
bli bia
W. H. Webster
920921
CTiThN C • PL» �, Fl
AGREEMENT FOR SERVICES
THIS AGREEMENT is entered into this 1st day of July, 1992 by and between the
Casualty & Property Pool ("CAPP" 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 CAPP and has adopted the CAPP By-
laws and Intergovernmental Agreement (the "Bylaws"), as amended from time to time by
the CAPP membership.
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").
3. The COUNTY wishes through CAPP to self-fund a portion of its anticipated property and
casualty claim losses while having CAPP continue to provide claims handling 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 II. TERM
The Agreement shall take effect on the date COUNTY's partially self-funded program
becomes effective, July 1, 1992, and shall continue for one year unless the County ceases to be
a CAPP 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 CAPP 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 CAPP 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 CAPP.
2. The COUNTY annually shall budget and appropriate sufficient funds for the payment of
claims, assessments or losses and of allocated loss expenses. For this purpose, allocated
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loss expenses means all costs, charges or expenses of third parties reasonable incurred by
CAPP, 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 CAPP at the inception
of the COUNTY's participation in the Program in an amount determined by CAPP.
Additional funds shall be forwarded to CAPP from time to time based on estimates
delivered to the COUNTY by CAPP 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 August
15th of each year and shall pay promptly CAPP's invoices for loss fund payments within
fifteen (15) days of receipt.
4. It is the parties' intent that at all times CAPP 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
CAPP 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 CAPP
CAPP 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 CAPP as provided by the Bylaws,
CAPP shall retain all pending claim files. The COUNTY shall continue to reimburse
CAPP for all costs associated with the COUNTY'S claims paid through CAPP 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.
ARTICLE VI. INFORMATION
All information developed for or specifically relating to claims servicing for the
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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 tight, upon reasonable
request, to copy the same at the COUNTY'S own expense.
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 July 1, 1992.
Cas ty Property P (C )/
y:
WELD COUNTY, COLORADO (COUNTY)
ATTEST: 4‘71.17
By: Chair, oard of Count Commission a.,,
Y Y I9
Date: .2j _ 9 Z WELD COUNTY CLER'r TO HE BOARD
BY: Gam_
EPUTY CLERK 0 HE BOARD
(COUNTY SEAL)
Date: 9 23 - `9 2—
920921
ADDENDUM I
ANNUAL FEE:
The COUNTY has budgeted, appropriated and agrees to pay upon receipt of CAPP's invoice and
on or before August 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 1992 of$206,095. Payments
due shall be considered delinquent if not paid by August 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 $125,000 for each claim occurring on or
after July 1, 1992. Accordingly with respect to each and every claim or loss the COUNTY is
totally responsible to CAPP for the payment of the first $125,000 of each claim or loss.
The COUNTY has budgeted, appropriated and agrees to pay upon receipt of CAPP'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
$24,217 to CAPP. Additional funds shall be forwarded to CAPP from time to time based on
estimates delivered to the COUNTY by CAPP 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 July 1, 1992.
C ualty & Propert P 1 ( P
•
Date: — 2 3 9 2_
WELD COUNTY COLORADO, (COUNTY)
y: Chair, Board of County Commissio
Date: 9—.23 - 9 2-
920921
ADDENDUM II
Notices in connection with this Agreement and its Addenda shall be delivered to the following
in the case of CAPP:
Casualty & Property Pool
c/o Pool Administrator
County Technical Services, Inc.
1177 Grant Street, Suite 200
Denver, Colorado 80203
and to the following in the case of COUNTY:
CAPP 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 July 1, 1992.
Ca alty & Property o (C
Y•
Date: 9 `� 3 — �/ 2-
WELD COUNTY, COLORADO (COUNTY)
By: Chair, Board of County Commissioners
Date: 9-.29 - �/ Z-
920521
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