HomeMy WebLinkAbout1981 Ordinance No. 083...
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BY AUTHORITY
ORDINANCE NO. 83
SERigs OF 1981--~
COUNCIL BILL NO. 91
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE ENTERING INTO OF A CONTRACT FOR
A SELF-INSURANCE POOL.
WHEREAS, the City Council of the City of Englewood,
Colorado, has reviewed a contract to cooperate with other municl-
palitiea to form a self-insurance pool, a copy of which contract
ia attached hereto as Exhibit "A" and incorporated into this or-
dinance; and
WHEREAS, the City Council of the City of Englewood,
Colorado, finds that the City is lawfully authorized to self-
insure and to participate in a eelf-lnaurance pool as set forth
in Exhibit "A", and that such participation would be in the best
interest of the City of Englewood; ·
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF !NGL!WOOD, COLORADO:
Section 1.
The City Manager is authorized to sign the contract,
incorporated herein and attached hereto as Exhibit "A", on be-
half of the City of Englewood, Colorado.
Section 2.
The contract shall take effect on the date set forth
in the contract or on the date the Colorado Commissioner of In-
surance issues a certificate of authority for the self-insurance
pool, whichever date is later.
Introduced, read in full and passed on first. read-
ing on the 7th day of December, 1981.
Published as a bill for an ordinance on the 9th day
of December, 198.1.
Read in full and passed on final reading on the
21st day of December , 19 81 • ----------
Published in full as Ordinance No. 83 , Series
of 19 81 , on the 23rd day of Decemb!E,_ __ , 19 ~!__.
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ATTEST:
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1, Gary R. Higbee, ex officio City Clerk-Treasurer,
of the City of Englewood, Colorado, do hereby certify that the
foregoing is a true, accurate and complete copy of Ordinance
No. 83, Series of 1981, passed on final re4d1ng on the
Zlsr---day of __Eecember , 19 81.
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•• TABLE OF CONTENTS
ARTICLE I Definitions
ARTICLE II Creation of AGENCY
ARTICLE III Purpose
ARTICLE IV Non-Waiver of Governmental or Other Immunity
ARTICLE V Agency Powers and Duties
ARTICLE VI Participation
ARTlCLE Vil Conmencement of AGENCY and Term -ARTICLE VIII MEMBERS Powers and Meetings
ARTICLE IX Obligation of MEMBERS
ARTICLE X Contributions
ARTICLE XI Board of Directors
ARTICLE XII Election of Directors • ARTICLE XI I I T,enns of Directors
ARTICLE XIV Powers and Duties of the Board of .Directors
ARTICLE XV Meetings of the Board of Directors
ARTICLE XVI Liability of the Board of Directors
ARTICLE XVII Withdrawal of Membership
ARTICLE XVI II Expulsion of MEMBERS
ARTICLE XIX Contractual Obligation
ARTICLE XX Severability
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BY-LA~IS
COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY
ARTICLE I. Definitions.
As used in this agreement, the following terms shall have the meaning
hereinafter set out:
MEMBERS -The municipalities which enter into this intergovernmental
agreement.
AGENCY -The Colorado Intergovernmental Risk Sharing Agency estab-
1 ished pursuant to the Constitution and the Statutes of this State by
this intergovernmental agreement.
JOINT RISK MANAGEMENT POOL -A fund of public monies es tab l ish.ed bv
the Colorado Intergovernmental R.isk ·Sharing Agency to self-insure
certain risks jointly within a defined scope and to purchase catas-
trophe, excess and/or aggregate s~op .. loss insurance when deemed
prudent.
RISK MANAGEMENT -A program of identification of exposures to acci-
dental loss, reduction or limitation of .losses to municipal properties
and from injurie~ to persons or property caused by the operatio~s of
municipalities, and prudent funding of these risks. Where claims
arise employees and officers of the AGENCY will process · such claims,
investigate ·their validity, settle or defend 191inst ·such claims
within the financial limits of the risk management agreement, tabulate
such claims, costs and losses and carry out other assigned duties.
SELF-INSURANCE -The decision by a unit of municipal government
not to purchase insurance coverage for risks below certain limits; to
seek all immunities provided by Colorado law for a non-insured unit of
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local government; to rely upon its financial capabilities to pay any
losses which occur for which it is liable; and to purchase some
insurance to protect against catastrophic or aggregate losses.
JOINT SELF INSURANCE -A self-insurance program in which units
of local government agree to contribute annual and where required
supplementary payments to support a risk management program and a
joint risk management pool.
CATASTROPHE EXCESS INSURANCE -Insurance purchased by the AGENCY from
an insurance company approved by the Insurance Conmissi0n of the State
of Colorado to underwrite such coverage in Colorado providing certain
coverage for losses over a prudent amount up to a pre-set maximum
amount of coverage.
AGGREGATE STOP LOSS INSURANCE -Insurance purchased by the AGENCY from
an insurance company approved by the Insurance Con1ni ss io·n to underwr it~
such coverage in Colorado. providing certain coverage up to ~ con-
tracted amount for ot.herwise uninsured losses . to be borne by the Joint
Risk Sharing Pool, which in any one . year aggregate to a pre-set
maximum amount of coverage.
POLICY YEAR: January 1 to December 31.
FISCAL YEAR: January 1 to December '31.
ARTICLE II. Creation of Agency.
The Colorado Intergovernmental Risk Sharing Agency,. a separate and
independent governmental organization, is hereby fonned by intergovern-
mental agreement by member municipalities pursuant to the provisions of
C.R.S. 1973, 24-10-115.5, as amended, and C.R.S. 1973, 29-1-201 et.seq., as
amended.
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ARTICLE III. Purpose.
The purposes of the AGENCY are to provide a joint self insurance pool
and to assist MEMBERS to prevent and reduce losses and injuries to munici-
pal property and to persons or property which might result in claims being
made aga;nst MEMBERS of thts AGENCY, or their employees or officers.
It is the intent of the MEMBERS of this AGENCY to create an entity in
perpetuity which w111 administer a joint risk management pool and use
funds contributed by the MEMBERS to defend and indemnify, in accordance
with these By-Laws, any MEMBER of the AGENCY against stated liability or
loss, to the 1 imit of the financial resources of the AGENCY. It is also
the intent of the MEMBERS to · have the AGENCY insure continuing stability
and availability of needed coverages at reasonable costs. All income and
assets of the AGENCY shall be at all times dedicated to. the exclusive
benefit of its members. .These By-Laws sha 1l · constitute the substance of
the intergovernmental contract among the MEMBERS.
ARTICLE IV. Non-Waiver of Governmental or Other Innunity.
· · plus earned interest
All funds contained within the Risk Management Pool are fundS(\derived
from its MEMBERS which are municipal governments within the State or .Colo-
rado. It is the intent of the MEMBERS in entering into this agretJUCnt
that they do not .and are not waiving an1 t1111Untt1 provtcled to the MEMBERS
or their public employees by the Colorado lover1111nt11 l..,,.tty Act, C.R.S.
1973, 24-10-101 et.seq., as amended, or b1 ou.tr law.
ARTICLE V. Agency Powers and Duties.
The powers of · the AGENCY to perfof'll w ICCClllP1 t~ the purposes set
forth above shall, within the budget1r1 ltlltt1 end procedures set forth in
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these By-Laws, be the following:
(a) To employ agents, employees and independent contractors.
(b) To purchase, sell, encumber and lease real property and to
purchase, sell, or lease equipment, machinery, and personal
property.
(c) To invest funds as allowed by Colorado statutes.
(d) To carry out educational and other progr1111s relating to risk
management.
(e) To create, collect funds for, and administer a risk management
pool.
(f) To purchase excess · insurance, and/or stop loss insurance to
supplement the risk management pool •
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(g). To establish reasonable and necessary loss reduction and preven-
tion procedures to be followed by the MEMBERS.
(h) To provide risk management and claim adjustment services includ-
ing the defense and settlement of claims.
(i) To carry out such other activities as are necessarily implied or
required to carry out the purposes of the AGENCY specified in
Article III or the specific powe:--s enumerated in this Article.
(j) To sue and be sued.
(k) To enter into contracts.
(1) To reimburse Directors for reasonable and approved expenses,
including expenses incurred in attending Board meetings.
(m) To purchase fidelity bonds for all officers, directors, and
employees of the AGENCY •
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~ ARTICLE VI. Participation.
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The membership of the AGENCY shall be limited to those municipal
governments who are members of the Colorado Municipal League who properly
enter into and adopt this intergovernmental agreement and By-Laws. New
MEMBERS shall be admitted only by a two-thirds (2/3) vote of the MEMBERS
present at a meeting, subject to the payment of such sums and under such
conditions as the MEMBERS shAll in each case or from time-to-time estab-
lish.
ARTICLE VII. Conmencement of Agency and Tenn.
All 1n1t1al MEMBERS of the AGENCY and any new MEMBERS admitted
thereafter unless expelled pursuant to the expulsion provisons of Article
XVIII, shall remain MEMBERS of the AGENCY for a period of at least one
(1) year. In the event that by December 18, 1981, there has been deposited
within or comnitted to the Risk Management Pool as a first year's payment
the sum of at least $ , the AGENCY shall begin its operations
on January 1, 1982. If $ has not been received or committed
by December 18, 1981, then the AGENCY shall begin its operations thirty
(30) days after the date when at least that amount has been deposited
or comnitted for provided that the initial rate or rates are as aforesaid.
A municipality which has not deposited or co11111itted funds by the date of
the initial conmencement may join the AGENCY during the first sixty (60)
days of operation.
ARTICLE VIII. MEMBERS Powers and Meetings.
1) The MEMBERS at a meeting thereof shall have the power to:
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(a) Elect a Board of Directors by a majority vote of the MEMBERS
present at the annual meeting.
(b) Amend the By-Laws by a 2/3 majority vote of the MEMBERS
present at a meeting.
(c) Admit and expel members by a 2/3 majority of the MEMBERS
present at a meeting.
(d) Adjust the coverages which the AGENCY provides by a 2/3
majority vote of the MEMBERS present at a meeting. (The
initial coverages are included as Attachment B.)
(e) Remove a Director of the Board of Directors by a 2/3 majority
vote of the members present at a meeting.
(2) Meetings of the MEMBERS shall be held as follows:
(a) MEMBERS shall meet quarterly at a time and place to be set by
the Board of Directors, with notice mailed to each member at
least 15 days in advance.
(b) Special meetings may be .called by the Directors or by a
petition of 1/3 of the MEMBERS. ·Notice of special meetings
shall be mailed to each MEMBER at least 15 days in advance .
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(c) The Chairman of the Board of Directors wi 11 preside at the
meetings.
(d) Fifty percent of the MEteERS shall constitute a quorum to do
business.
(e) No absentee or proxy voting shall be allowed.
( f) Each MEMBER sha 11 be anti t 1 ed to one vote on a 11 issues.
ARTICLE IX. Obligation of Mlmbers.
The obligations of MEMBERS of the AGENCY shall be as follows:
(1) To pay prOllptly all annual and supplementary contributions or
other pl)'llllnts to the AGENCY at such times and in such 11110unts as
shall be established by the Board of Directors and MEMBERS
pursuant to these By-Laws • A~y delinquent .Pl,Ylllents shall be paid ..
with interest which shal 1 be equivalent to the prime interest
rate of the Central Bank of Denver on the date of delinquency • . .
Payments will be considered delinquent forty-five (45) days
following the due date.
(2) To designate a voting representative and alternate for the
MEMBERS meetings. A MEMBER'S voting representative must be an
employee or officer · of the MEMBER Municipality, but may be
changed from time to time.
(3) To allow the AGENCY reasonable access to all facilties of the
MEMBER and all records including but not limited· to financial
records as required for the administration of the Agency.
( 4) To allow attorneys designated by ·the AGENCY . to represent the
·MEMBER in the investigation, settlement and litigation of any
claim made against the MEMBER within the scope of loss protection
furnished by the AGENCY.
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(5) To cooperate fully with the AGENCY'S attorneys, claims adjusters
and any other agent, employee, or officer of the Agency in
activities relating to the purposes and powers of the AGENCY.
(6) To follow the loss reduction and prevention procedures estab-
lished by the AGENCY.
(7) To report to the AGENCY as promptly as possible all incidents
or occurrences which could reasonably be expected to result in
the AGENCY being required to consider a claim against the Munici-
pality, its agent, officer, or employees, or for casualty losses
to municipal property within the scope of coverages undertaken by
ttie AGENCY.
(8) To adopt a risk management statement.
(9) To maintain an active safety committee or administrator •
(10) To report to the AGENCY as soon as reasonably possib~e the
addition of new programs and facilities or the significant
reduction or expansion of ·existing prograns and facilities or
other acts which will cause ma~erial changes in the MEMBERS
accidental loss.
(11) To provide the AGENCY periodica.lly, as requested, with informa-
tion on the value of buildings and contents and <;>ther real and
personal properties.
(12) To participate in coverage of losses and to pay contributions in
the manner set forth by the MEMBERS.
ARTICLE X. Contributions •.
It is the intention of the pool to levy contributions to the members
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as established by the pool Board of Directors. Further, after sufficient
data and experience, the Board may adjust contributions charged to members
to reflect increased risk resulting from a refusal to participate or willful
violation of safety or loss prevention programs. Conversely, contributions
may be reduced, for members that faithfully participate in loss prevention
and safety programs.
~ARTICLE XI. Board of Directors.
The Board of Directors will be composed of five (5) DIRECTORS.
Directors wi 11 be elected fr.om among .the MEMBERS representatives. There
will be:
(l} One director from a MEMBER under 20,000 population~
(2} One director from a MEMBER of .20,000 to 40,000 population.
(3) Two directors from MEMBERS above 40,000 population. (These
Directors will be from different MEMBE .RS.)
(4) One director at large.
Every two years population will be determine by the census figures
reported by the U.S. ·sureau of Census.
ARTICLE XII. 'Election of Directors.
The election of directors will be made by the MEMBERS as a whole
by a simple majority vote at the annual meeting to be scheduled in December
of each year.
ARTICLE XIII. Terms of Directors.
Terms of the directors will be two year staggered terms with the "at
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large" Director and one of the "over 40,000 11 Directors elected for an
initial two year tenn. The remaining Directors shall be elected for an
initial one year tenn, with two year staggered terms thereafter.
ARTICLE XIV. Powers and Duties of the Board of Directors.
{l) To elect a chairman, vice-chairman, secretary/treasurer, and
other officers as appropriate.
(2) To recommend criteria for new MEMBERS.
(3) To establish contributions by the ME.MBERS.
(4) To recommend coverages to the MEMBERS.
{5) To select insurance brokers ...
{6) To set the dates, places 4nd provide an agenda for Board of
Directors and MEMBERS meetings.
(7) To f.ill vacancies in the Board by majority vote of the remaining
Directors for the unexpired term.
(8) To exercise all powers of the AGENCY except powers reserved to
the MEMBERS.
( 9) To prepare, adopt and report the agency budget to the MEMBERS.
(10) To hire and dis.charg~ personnel.
(11) To make reports to the MEMBERS at the quarterly meetings.
(12) To provide for claims and loss control procedures. ·
{13) To provide for the investment and disbursement of funds.
(14) To es tab 1 ish rules governing 'its own conduct and procedure not
inconsistent with those By-laws.
(15) To provide to MEMBERS annually: a) an audit of the financial
affairs of the AGENCY to be made by a certified public accountant
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at the end of each fiscal year in accordance with generally
accepted auditing principals and state law. b) an annual report
of operations •
(16) To form convnittees (i.e. claims conmittee) and provide other
services as needed by the AGENCY.
(17) To do all acts necessary and proper for the operation of the
AGENCY and implementation of these By-Laws subject to the limits
of the By-Laws.
(18) Dissolve the AGENCY and disburse its assets by a 2/3 vote of the
entire membership provided that a notice of intent to dissolve the
AGENCY shall be given to the Insurance CormJissioner ninety (90)
days prior to the effective date. No such plan to dissolve the
AGENCY shall be effective until approved by the Insurance Conmissioner.
ARTICLE XV. Meetings of the Board of Directors.
(1) The Board may set a time and place for regular meetings which may
be held without further notice •
(2) Special meetings may be called by ~h~ _Chairman or three Oirec~ors
by mailing written notice at least 10 days in advance to all
Directors or by unanimously executed waiver of notice.
(3) Three (3) Directors shall constitute a quorllll to do business.
All acts of the Board of Directors shall require a majority vote
of the Directors present.
ARTICLE XVI. Liability of Board of Directors or Offic~rs.
The MEMBERS of the Board of Directors or officers of the AGENCY should
use ordinary care and reasonable diligence in the exercise .of their power,
and in the performance of their duties hereunder; they shall not be liable
for any mistake of judgment or other action made, taken or omitted by them
in good faith; nor for any action taken or omitted by any agent, employee
4't or independent contractor selected with reasonable care. No Director shall
be liable for any action taken or omitted by any other Director. No
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• Director shall be requireel to give a bond or other security to gL ;arantee
the faithful perfonnance of his duties hereunder although the AGENCY shall
provide such bonds. The Risk Management Pool shall be used to defend and
indemnify any Director or officer for actions taken by the Board or · per-
fonned by the Director in good faith within the scope of his authority for
the AGENCY. The AGENCY may purchase insurance providing similar coverage
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for such Directors or Officers.
ARTICLE .XVII. Withdrawal from Membership.
Any MEMBER may withdraw from the AGENCY after the MEMBERS initial
one (1) year tenn at the end of any policy year by giving at least ninety
(90) days notice . in writing to the board of ;'ts desire to withdraw. The
MEMBER shall not be entitled to any reimbursement of contributions, divi-
dends or credits that are to be paid or that shall become payable in the
future, and sh ·a ll continue to be obligated to make any payment for which
such ob 1 igat ion arose prior to s.uch wi thdrawa 1.
ARTICLE XVIII. Expulsion of Members.
By a two-thirds (2/3) majority vote of the MEMBERS present at a
meeting, any MEMBER may be expel led. Such expulsion, which shall take
effect sixty (60) days after such meeting, may be carried out for one or
more of the following reasons:
(a) Failure to make any payments due to the AGENCY.
(b) Failure to undertake or continue loss reduction and prevention
procedures adopted by the AGENCY.
(c) Failure to allow the AGENCY reasonable access to all facilities
and records of the MEMBER necessary for proper administration of
the AGENCY.
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(d) Failure to fully cooperate with the AGENCY'S attorneys, claims
adjusters or other agent, employee, or officer of the AGENCY.
(e) Failure to carry out any obligation of a MEMBER which impairs
the lb111 ty of the AGENCY to carry out its purpose or powers.
No MEMBER ••Y be expelled except after notice from the Board of Directors
of the alleged failure along with 1·reasonable opportunity of not less than
thirty (30) days to cure the alleged failure. The MEMBER may reque."st a
hearing before the MEMBERS before any final decision, which shall be
Jleld within fifteen (15) days after the expiration of the time to cure has
passed. The Board sha 11 present the case for expulsion to the MEMBERS.
The MEMBER affected may present its case. · A decision ·by th~ Membership to
expel a MEMB ER after notice and hearing and failure to cure the alleged
defect shall be final and take effect sixty (60} days after the decision to
expel is approved by the MEMBERS. After expulsion, the former MEMBER shall
be liable for any unpaid contributions or other charges pro rata to the
effective date of expulsion.
ARTICLE XIX. Contractual Obligation.
This document sha 11 constitute an i ntergovernmenta 1 contract among
those units of local government which . become MEMBERS of the AGENCY.
The terms of thi _s contract may be enforced i.1 court by the AGENCY itself or
by any if its MEMBERS. The consideration for the duties herewith imposed
upon the MEMBERS to take certain actions and to refrain from certain other
act ions shall be based upon the mutual promises and agreements of the
MEMBERS set forth herein. These By-Laws when properly approved by the
proper authority of the MEMBER shall be the intergoverrvnental contract. A
~ certified copy of the ordinance, resolution or other document of approval
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for each MEMBER accompanied by an attorney's certification of proper
authority and adoption, shall be attached to the original By-laws on file
with the AGENCY. Provided, however, that except to the extent of the
1 imi ted financial contributions to th.e AGENCY agreed to herein or such
additional obligations as may come about through amendments to these
By-Laws no MEMBER agrees or contracts herein to be held responsible for any
claims in tort or contract made against any other MEMBER. The contracting
-·parties intend in the creation of the AGENCY to establish an organization
for joint risk management only within the scope herein set out and have not
herein created as between MEMBER and MEMBER any relationship of surety,
indemnification or responsiblity for the debts of .or claims against any
other MEMBER.
ARTICLE XX. Severability.
In the event that any article, provision, clause or other part of
these By-laws should be held invalid or unenforcable by a court of compe-
tent jurisdiction, such invalidity or unenforcability shall not effect the
validity or enforability with respect to other articles, provis~ons,
clauses, applications or occurrences, and these By-laws are expressly
declared to be severable.
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