HomeMy WebLinkAboutC11-003 CTSI Casualty and Property Pool Agreement �TSI
Serving Colorado's Counties
Colorado Counties Casualty and Property Pool
Agreement for Partially Self - Funded Program
Eagle County
January 1, 2011 through December 31, 2011
THIS AGREEMENT is entered into this 1st day of January, 2011 by and between the Colorado Counties
Casualty and Property Pool ( "CAPP" or "Pool "), a legal entity formed by intergovernmental agreement under
Colorado law, and Eagle 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 p p p P Y h' claims
for program year 2011 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 s nt shall take effect on January 1, 2011, and shall coincide gr ry d s a 1 co cede 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 $300,293.21 with equity credit of ($140,541.68) and discount of CTSI fees
in the amount of ($60,605.05) for a total contribution due of $99,146.48 by January 31, 2011 for
insurance coverage and services rendered by CAPP for the period January 1, 2011 — December 31, 2011.
For services provided by CAPP after December 31, 2011, 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 $76,537.51 in 2011 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 fmancial reports, for the
payment of the first $125,000.00 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 CAPP. For this purpose, allocated loss expenses means all costs, charges, or expenses of
2011 CAPP Self- Funded Agreement Page 1
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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 $20,000.00 claims deposit shall be paid to CAPP by January 31, 2011. 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 They County shall pay promptly CAPP's invoices pursuant to paragraph 3.2 within fifteen (15) days of
rec4ipt. 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 play, or any failure of the County to comply with any other provision of this Agreement, will result in
exp> 1sion 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 County is entitled to any credit or payment under Article XI of the Intergovernmental Agreement
for y year, and if the County fails to timely pay any amounts due under this Agreement, the Board may,
in a dition 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 TheiCounty's obligations under this Agreement are subject to and conditional upon the County annually
bud eting, appropriating, and irrevocably pledging funds as provided in paragraphs 3.1 and 3.2 of this
Agr ement. However, the County agrees that coverage of the County through CAPP under the Policies
and a 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 4Agreement and the Intergovernmental Agreement, and upon the County's compliance with all other
pro'isions 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 ees as provided in this Agreement, will result in cancellation of coverage under the Policies, and will
resu t in termination of any services provided to the County by CAPP under paragraph 4.1.
3.8 The ounty shall pay the full amount then pledged pursuant to paragraph 3.2 upon the request of the
C P Board if the CAPP Board reasonably determines that CAPP needs the payment in order to meet
applicable regulatory or statutory requirements.
2011 CAPP Self-Funded Agreement Page 2
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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.
2011 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,
incljiding 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 No ces in connection with this Agreement and its Addenda shall be delivered to the following in the case
of APP:
Col rado Counties Casualty and Property Pool
c/o ounty Technical Services, Inc.
800 Grant St., Suite 400
Deriver, 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
Bo d may determine.
IN WITN S WHEREOF, the parties have caused this Agreement to be executed by the following persons
authorized act on behalf of their respective entities, dated and effective as of January 1, 2011.
P rY
COLORADO COUNTIES CASUALTY AND PROPERTY POOL (CAPP)
Date: December 3, 2010
Allen ' C1 pman _
CTSI Executive Director
Eagle County, Colorado (County)
By: Date:
Choir, Board of County Commissioners
By: Date:
County Clerk
(COUNTY SEAL)
2011 CAPP SIf- Funded Agreement Page 4
STS I
Serving Colorado's Counties
Colorado Counties Casualty and Property Pool
Agreement for Partially Self- Funded Program
Eagle County
January 1, 2011 through December 31, 2011
THIS AGREEMENT is entered into this 1st day of January, 2011 by and between the Colorado Counties
Casualty and Property Pool ( "CAPP" or "Pool "), a legal entity formed by intergovernmental agreement under
Colorado law, and Eagle 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 2011 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, 2011, 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 $300,293.21 with equity credit of ($140,541.68) and discount of CTSI fees
in the amount of ($60,605.05) for a total contribution due of $99,146.48 by January 31, 2011 for
insurance coverage and services rendered by CAPP for the period January 1, 2011 — December 31, 2011.
For services provided by CAPP after December 31, 2011, 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 $76,537.51 in 2011 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 $125,000.00 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 CAPP. For this purpose, allocated loss expenses means all costs, charges, or expenses of
2011 CAPP Self- Funded Agreement Page 1
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
ph ographs; and "qualified claims" means those claims for which coverage is provided pursuant to the
Pol cies, subject to any additional coverage limitations imposed by CAPP.
A 0,000.00 claims deposit shall be paid to CAPP by January 31, 2011. Additional funds shall be
fo arded to CAPP from time to time based on payments for qualified claims and allocated loss expenses.
Int rest 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 >#equired to advance CAPP funds to pay the County self - funded retention or to perform services if the
Coilnty 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
expi<.ilsion 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 t e County is entitled to any credit or payment under Article XI of the Intergovernmental Agreement
for y year, and if the County fails to timely pay any amounts due under this Agreement, the Board may,
in dition to any other remedies it has, apply against any such amounts due the amount of any credit or
pa ent 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
budOeting, appropriating, and irrevocably pledging funds as provided in paragraphs 3.1 and 3.2 of this
Agement. 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
pro . sions of this Agreement. The County further agrees that failure by the County to so budget,
app opriate, irrevocably pledge, or make such payment or to so comply will result in no coverage through
C P under the Policies for any pending qualified claims for which the County fails to provide funds or
pa fees as provided in this Agreement, will result in cancellation of coverage under the Policies, and will
res It in termination of any services provided to the County by CAPP under paragraph 4.1.
3.8 Th County shall pay the full amount then pledged pursuant to paragraph 3.2 upon the request of the
C P Board if the CAPP Board reasonably determines that CAPP needs the payment in order to meet
app icable regulatory or statutory requirements.
2011 CAPP.S4If- 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 h 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.
2011 CAPP Self- Funded Agreement Page 3
7.5 Thi$ 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,
inclkiding 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 Notces 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.
806 Grant St., Suite 400
Denver, CO 80203
and to the following in the case of County:
CAPP Designated Correspondent
An functions, powers, and responsibilities of CAPP provided for in this Agreement shall be exercised b
7.7 � ,p � p p �' 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
A ement to advisory arbitration, which shall be conducted pursuant to the rules of the American
Ar . tration Association or other Colorado court annexed arbitration system in Denver, Colorado, as the
Bo d may determine.
IN WITN S WHEREOF, the parties have caused this Agreement to be executed by the following persons
authorized tb act on behalf of their respective entities, dated and effective as of January 1, 2011.
COLORADO COUNTIES CASUALTY AND PROPERTY POOL (CAPP)
Date: December 3, 2010
Allen . Chap an
CTSI Execiitive Director
Eagle Co .. k , Colorado ounty)
l
By: ►g 41M1111 Date:
Ch. r, Bo :rd of Coun� issi.. �F
By: / . ' E,4 ? ' z I I ate: t t S • 11
o my Clerk
1$` .. oaA'
1 '.
(COUNTY SEAL)
2011 CAPP S$If- Funded Agreement Page 4
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