The URL can be used to link to this page

Browse Search

Home My WebLink About992922.tiff RESOLUTION RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - COUNTY TECHNICAL SERVICES, INC. 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 County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and County Technical Services, Inc., with 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 County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and County Technical Services, Inc. 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 above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Le ATTEST: I I ;� I , LI EXCUSED DATE OF SIGNING (AYE) . �,�J - e K. Hall, Chair Weld County Clerk to the :•:rd o`�9� i P{(�)L V pp't :.4i 11 of sit �(..Ll '(✓ ��JJ '�'��` e`]1 bar J. Kirkmeye , ro-TerW BY: Y,i� . al' Deputy Clerk to the Boa; *)p nr/ � -� C6U �rGeorgt axter APPROVED AS TO FORM: 7 . eile ' unty Attornj Vale-- Glenn Va - FLPr 992922 PEoo l5 S Serving Colorado's Counties Agreement for CTSI Services County Technical Services, Inc. 992922 Agreement For CTSI Services THIS AGREEMENT is entered into, effective as of the 13th day of December , 19 99 by and between County Technical Services, Inc. ("CTSI") and Weld County (the "Client"). 1. RECITALS. A. CTSI is a nonprofit corporation in good standing, incorpo- rated under the laws of the State of Colorado, the exclusive purpose of which is to lessen the burden of Colorado governmental entities by providing services, including but not limited to administrative, management, risk management, loss prevention, technical, and other services which would or could otherwise be provided by these governmental entities. B. The Client is a governmental entity, political subdivision, and body corporate and politic in the State of Colorado, and is an authorized self-insurer for workers' compensation coverages pur- suant to C.R.S. §8-44-204. C. CTSI is ready,willing, qualified, and able to provide claims administration and loss prevention services to the Client for pur- poses of the Client's workers' compensation self-insurance pro- gram, and the Client desires to receive such services from CTSI, on the terms and conditions stated herein. D. It is beneficial to both parties to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: II. CTSI'S RESPONSIBILITIES. A. Under the general direction of the Client and its designated representatives, CTSI shall provide the third party claims adminis- tration services for the self-insurance program of the Client as list- ed in Addendum to this Agreement, which addendum is attached hereto and incorporated herein by reference. Agreement for CTSI Claims Administration CTSI 2 III. CLIENTS RESPONSIBILITIES. A. Client shall promptly forward to CTSI copies of documents received by the Client in connection with claims administered by CTSI pursuant to this Agreement, authorize CTSI to obtain records and other information, cooperate in the investigation and handling of claims, and otherwise provide such information, reports, direc- tion, and cooperation as necessary to enable CTSI to provide ser- vices to the Client pursuant to this Agreement. B. Client shall make funds available that CTSI may draw from at any time and from time to time for claim and/or loss payments and for associated allocated loss expenses. Client shall initially make available to CTSI, on or before the inception date of this con- tract the amount of$ for the purpose of such pay- ments, and thereafter shall replenish such amount as required for such payments. The ledgers associated with such payments shall be maintained by CTSI. C. As used in Section III.B, "allocated loss expenses" shall mean costs, charges, or expenses of third parties reasonably incurred by CTSI, in cooperation with the Client, which are prop- erly chargeable to a qualified claim or loss, including but not limit- ed to court costs, fees and expenses of attorneys, investigators, experts and witnesses, and fees for obtaining diagrams, reports, documents, and photographs, but shall not include any payments to CTSI for the performance of CTSI's obligations under this Agreement. IV. CTSI'S COMPENSATION. A. Client shall pay to CTSI, for the services provided by CTSI under this Agreement, the fees shown in Addendum to this Agreement, which addendum is attached hereto and incorporated herein by reference. B. At the beginning of each calendar quarter, CTSI shall sub- mit to the Client an invoice reflecting CTSI's estimate of the fees due CTSI for that quarter. The Client shall pay said invoice within thirty days of receipt. The invoice for the subsequent quarter shall include such adjustments to the estimate in the previous quarter's invoice as necessary to reflect the actual bill for services provided by CTSI during the previous quarter. Agreement for CTSI Services CTSI 3 C. The Client warrants that authority exists in the law and that funds have been budgeted, appropriated,and otherwise made avail- able by the Client for full payment of the fees due CTSI pursuant to this Agreement, and further warrants, in the event of the Client's renewal of this Agreement for any subsequent year as provided in Section V.B, to budget, appropriate, and otherwise make available funds for full payment of the fee to CTSI in each such year. V. TERM OF CONTRACT. A. It is the intent of the parties to comply with the provisions of Article X, Section 20 of the Constitution of the State of Colorado. Therefore, the parties agree that this Agreement shall terminate at the end of the Client's 2000 fiscal year. B. The parties further agree,however,that this Agreement may be renewed for the following fiscal year, not to exceed a total of two (2)additional annual renewals,upon such terms and conditions as are mutually agreeable to the parties. Such renewal may be exer- cised by the Client's Risk Manager or designee thereof giving CTSI notice on or before December 1st of the current fiscal year that the Client intends to make such renewal. VI. GENERAL. A. No assent, express or implied, to any breach of any one or more of the provisions of this Agreement shall be deemed or taken to be a waiver of any succeeding or other breach. B. This Agreement may be amended by mutual written agree- ment of the parties. C. This Agreement contains all agreements, understandings, and arrangements between the parties, and no other such agree- ments,understandings,and arrangements exist. All previous agree- ments, understandings, and arrangements between the parties are terminated by this agreement. D. This Agreement shall be binding upon and inure to the ben- efit of the parties hereto and their successors. E. CTSI shall not assign or delegate this Agreement or any portion thereof without the Client's prior written consent. Agreement for CTSI Services cis 4 F. CTSI and any persons employed by CTSI for the perfor- mance of work hereunder shall be independent contractors and not agents of the Client. Any provisions in this Agreement that may appear to give the Client the right to direct CTSI as to details of doing work or to exercise a measure of control over the work mean that CTSI shall follow the direction of the Client as to end results of the work only. G. Control and administration of this Agreement as to CTSI's interest herein is under the jurisdiction of the CTSI Executive Director, or such other person or entity as designated by the Executive Director and of whom written notice is provided to the Client. H. Control and administration of this Agreement as to the Client's interest herein is under the jurisdiction of the Client's Risk Manager, or such other person or entity as designated by such Risk Manager and of whom written notice is provided to CTSI. I. Any communication as to the terms or conditions of this Agreement or any changes thereto, and any notice or notices pro- vided for by this Agreement or by law to be given or served upon CTSI,shall be by letter deposited in the United States mail,postage prepaid, and addressed to the Executive Director, CTSI, 1700 Broadway, Suite 1512, Denver, Colorado 80290. J. Any communication as to the terms or conditions of this Agreement or any changes thereto, and any notice or notices pro- vided for by this Agreement or by law to be given or served upon the Client, shall be by letter deposited in the United States mail, postage prepaid, and addressed to the Client , Weld County Courthouse, PO Box 758, Greeley, CO 80632. K. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such provi- sion shall be stricken and the remainder of the Agreement shall continue in force and effect. VII. INDEMNIFICATION AND INSURANCE. A. CTSI agrees to indemnify and hold harmless Client, its administrator, directors, officers and employees of each, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or damage, Agreement for CTSI Services CTSI 5 which arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by or is claimed to be caused in whole or in part by, the act or omission, error, professional error, mistake, accident, or other fault of CTSI, any subcontractor of CTSI, or any officer, employee, or agent of CTSI or of any subcontractor of CTSI. B. Client agrees to indemnify and hold harmless CTSI, its directors, officers and employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by or is claimed to be caused in whole or in part by, the act or omission, error, professional error, mistake, accident, or other fault of Client, any Subcontractor of Client (other than CTSI), or any officer, employee, or agent(other than CTSI) of Client or of any subcontractor of Client (other than CTSI). VIII. DISPUTES A. Any controversy or claim arising out of this Agreement or any breach of this Agreement may be submitted by either party to and resolved by arbitration pursuant to the rules of the American Arbitration Association Office of Denver, Colorado, but only if no lawsuit regarding the controversy, claim, or breach has previously been filed. Judgment upon the award rendered by the arbitration tribunal may be entered by any court having jurisdiction over these matters as provided by Article IX of this Agreement. IX. GOVERNING LAWS AND VENUE. This Agreement is made and delivered in the State of Colorado, and will be interpreted and enforced so as to remain in compliance with Colorado statutes and regulations. Should any provision of this Agreement in any way contravene the laws of the State of Colorado or of the United States of America, such provi- sion shall not be deemed a part of the Agreement. However, the Agreement shall otherwise be enforceable. Any lawsuit relating to this Agreement shall be filed in the District or other appropriate court for the City and Client of Denver, Colorado. Agreement for CTSI Services CTSI 6 Headings used in this Agreement are for convenience of reference only and shall not be considered in any interpretation of this Agreement. IN WITNESS WHEREOF, this Agreement is executed, on the day and year first above written,by CTSI acting by and through the undersigned, and by the Client acting by and through the under- signed, each of whom represents that he or she is properly autho- rized to bind the parties hereto. By. V �A airman, Board of ounty ommissioners Weld County Dal I Hall (12/13/99) By: Allen E. pm , Executive Director County Technical Services, Inc. Attached to contract: First Amendatory Agreement Addendum 1 - Scope of Services Addendum 2 - Service Fees Addendum 3 - 1096 & 1099 Tax Form Processing Addendum 4 - Power of Attorney for Tax Form Processing Agreement for CTSI Services CTSI 7 First Amendatory Agreement To Agreement Dated January 1, 2000 By And Between County Technical Services, Inc. And County THIS FIRST AMENDATORY AGREEMENT is entered into, effective as of the 1st day of January, 2000, by and between County Technical Services, Inc. ("CTSI") and Weld County (the "Client"). 1. RECITALS. A. By Agreement dated as of the 1st day of January, 2000, CTSI and the Client entered into an Agreement for CTSI's provision to the Client of third party claims administration services and loss prevention services in connection with the self-insurance program of the Client. B. Said Agreement terminates at the end of the Client's 2000 fiscal year, subject to two (2) additional annual renewals at the option of the Client. C. Subject to the terms and conditions of this First Amendatory Agreement, the Client desires to exercise its option to renew said Agreement for the Client's 2001 fiscal year and warrants that funds have been appropriated to enable the Client to perform its obligations during such renewal period, and CTSI desires to accept such renewal. NOW, THEREFORE, in consideration of the mutual covenants of the parties and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: II. AMENDMENTS TO AGREEMENT A. The Agreement dated as of the 1st day of January, 2000 between CTSI and the Client, for CTSI's provision to the Client of third party claims administration services in connection with the self-insurance program of the Client, is hereby renewed for the Client's 2001 fiscal year (January 1, 2001 through December 31, 2001), subject to the following amendment(s): Agreement for CTSI Services cTs 8 • B. Except as specifically otherwise provided in this First Amendatory Agreement, all terms and conditions of said Agreement shall continue in effect. Agreement is executed,on the day and year first above writ- ten, by CTSI acting by and through the undersigned, and by the Client acting by and through the undersigned, each of whom repre- sents that he or she is properly authorized to bind the parties here- to. C. Said Agreement, together with this First Amendatory Agreement thereto, comprise all agreements, understandings, and arrangements between the parties, and no other such agreements, understandings, and arrangements exist. IN WITNESS WHEREOF, this First Amendator is execut- ed, on the day and year first above written, by CTSI acting by and through the undersigned, and by the Client acting by and through the undersigned, each of whom represents that he or she is proper- ly auth ized to bind the parties hereto. By: Chairman, Board of C unty Commissioner Weld County Dale K. Hall (12/13/99) By: llen . pm , Executive Director County Technical Services, Inc. Agreement for CTSI Services c s 9 Addendum 1 Workers' Compensation Scope of Services Contract Year 2000 and each year thereafter until termination of this contract. CTSI will provide complete claims administration service for the client's workers' compensation claims. The following describes, in general, the claims administration services we will provide as part of the per-claim fee, unless otherwise noted. Promptly and professionally review and investigate all reports of employee injury claims. Prepare and maintain a complete and accurate claim file for each reported claim. Maintain claim data electronically and generate associated reports and financial information. Prepare and file with the appropriate state agency all forms required in the administration of workers' compensation claims. Identification of loss trends. Provide a detailed record of all payments and associated accounting. Attend monthly staff meetings at the client's risk manage- ment office or the CTSI office. Settle claims in accordance with statutory requirements and guidelines agreed to by the client. Agreement for CTSI Services ail 10 Coordinate investigations on litigated or serious claims with attorneys approved by the client and with adjusters or attorneys of the excess insurer or reinsurer as required. Pursue subrogation and recovery on behalf of the client at no additional charge other than allocated loss adjust- ment expenses for outside services. Report all claims to the excess insurer or reinsurer in accor- dance with contract requirements. Coordinate services of outside professionals such as private investigators,expert witnesses,and attorneys to assist in the investigation and adjustment of claims. Review all bills for medical and other services for which a claim is being made for reasonableness and conformity to appropriate fee schedules. Provide standard monthly loss reports reflecting the experi- ence of the client. Customized (ad hoc) reports can be produced if within the parameters of the data system. Specially programmed reports are available at an addi- tional cost. Provide medical management services as requested and agreed to by Client. Provide all other customary claims administration services. Agreement for CTSI Services CTSI 1 1 Loss Prevention Scope of Services CTSI can provide complete loss prevention services for your workers' compensation program. The following describes, in gen- eral, the loss prevention services available through CTSI at the rates specified in this proposal. Services include, but are not limit- ed to, the following: Consultation services encompassing areas of liability, property, health and safety, regulatory agencies, and process control. Evaluate losses and make program recommendations to address frequency and severity of claims. Provide updated information on rules, regulations and requirements. Review and assist in developing policies and practices. Perform loss prevention inspections and reports. Develop specialized training programs. Consult with supervisors regarding exposures and losses Develop and train loss prevention committees. Maintain a reference and training aids library for use by clients. Participate in meetings—disseminate information. Workstation and ergonomic evaluations. Accident Investigation Regulation Information Recordkeeping and compliance (OSHA, EPA, MSHA, etc.) Quarterly loss analysis reports. Consult with claims adjusters and monitor loss trends. Agreement for CTSI Services CTSI 12 Addendum 2 Service Fees CTSI fees for the 2000 contract year are as follows: Workers' Compensation Claims Administration Per Claim Fee An annual workers' compensation claims administration fee of $18,010 based on an annual claim volume of 100 medical only and 17 lost time claims. If the claim volume exceeds 100 medical only and/or 17 lost time claims,the additional claims will be billed at the rate of$530 per indemnity claim and $90 per medical only claim. Run-off of Claims from Current TPA There will be no charge for handling up to 20 open indemnity and 15 open medical only claims transferred to CTSI from the cur- rent TPA for claims administration. The fee for claims transferred in excess of these amounts shall be$425 per indemnity and$70 per medical only claim. Medical Case Management Fee The medical management fee shall be $325 for all indemnity claims, medical claims that have incurred greater than$5000,med- ical claims that are open greater than 90 days, reopened claims and other claims that may be approved by the Client and accepted by CTSI. For any of these claims requiring field case management, including home, provider or employee visits, the fee shall be $50 per hour plus expenses. The fee for travel time shall be $25 per hour to and from CTSI to on-site location, plus mileage EDP Programming Fee A programming fee of$100 per hour plus expenses for claim reports requiring special programming. Agreement for CTSI Services Ca 13 Claim Handling Time Period Fee is for handling the claim during the contract term. A deposit equal to an average month of claim expense shall be placed with CTSI for payment of claims on behalf of Weld County. Claims Run-Off If Weld County terminates its contract with CTSI and decides to have CTSI administer the run-off of claims, the open claims will be administered at a time and expense rate or will be charged at a per claim rate of 90%of our current per claim charge at the time of termination. Agreement for CTSI Services crsf 14 Addendum 2 Service Fees Loss Control Services Consulting (on-site & telephone), on-site audits, loss analysis and reports $50 per hour plus expenses. On-site seminars and training $50 per hour plus expenses for up to five participants. Additional participants are charged a flat rate of$25 each. Travel time $25 per hour plus mileage to and from CTSI to on-site loca- tion IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 13th day of December , 1999 . By: Cha rmi�an, Board of Count Commissioners Weld Co e K. A11 (12/13/99) By: Ilen . apman, Executive Director County Technical Services, Inc. Agreement for CTSI Services crsi 15 Addendum 3 Power of Attorney Contract Year 2000 and each year thereafter until termination of this contract. A power of attorney using the following form shall be execut- ed by the representative of the county. POWER OF ATTORNEY KNOW ALL MEN by these presents that the undersigned as Chairman of the Board of County Commissioners of Weld County does hereby appoint CTSI, 1700 Broadway, Suite 1512, Denver, CO 80290, as its true and lawful attorney-in-fact to make and exe- cute the Internal Revenue Service Form 1096 for payments processed by CTSI on behalf of Weld County. IN WITNESS WHEREOF, the undersigned has caused his name to be subscribed hereto thisl3thday of December , 1999 . Chairman, Board of Co ty Commissioners Weld County Dale K. Hall (12/13/99) STATE OF COLORADO) )SS. COUNTY OF DENVER) The forgoing instrument was acknowledged before me this 13th day of December , 1999 , by Chairman of the Board of Directors of Weld County., Dale K. Hall My commission expires: [SEAL] Notary Public Agreement for CTSI Services MT 16 Addendum 4 1096 & 1099 Tax Form Processing & Power of Attorney Contract Year 2000 and each year thereafter until termination of this contract. Weld County hereby authorizes CTSI to complete the 2000 Tax Form processing for Weld County. CTSI will produce 1099 forms, and distribute appropriate copies to the respective parties. Weld County hereby authorizes CTSI to include its data on the magnetic tape file with the Federal Government which includes data on all clients of CTSI. Weld County will provide CTSI with an executed Power of Attorney Form which will allow CTSI to pro- vide a 1096 form to be filed with the Federal Government. Executed and effective as of January 1, 2000. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day of , 2000. By: Chairman, Board of Co my Commissioners Weld County Dale K. all (12/13/99) By: lei apman, Executive Director County Technical Services, Inc. Agreement for CTSI Services eicgi 17 Hello