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Indemnification clauses allocate financial responsibility for losses in contracts, shifting liability from one party to another. For example, if a county leases a park shelter, the lessee may be required to cover injuries during the event, protecting the county from lawsuits. This clause mitigates risk and provides financial protection.
Indemnification clauses protect public entities such as counties, municipalities, and other governmental bodies. Common in contracts for construction projects, service agreements, leases, and permits, these clauses shift liability to the other party, safeguarding public assets and employees. When public entities hold bargaining power, they can require indemnification to cover damages from negligence or improper actions, ensuring permit holders or contractors assume responsibility for associated risks.
Public entities may also find themselves asked to indemnify private or governmental entities. This is common in intergovernmental agreements, state grants, or utility easements. Before agreeing, public officials must carefully weigh the potential benefits of the contract against the risks associated with indemnification. For example, mutual indemnification clauses may be appropriate for agreements that benefit both parties, such as shared emergency services or infrastructure projects.
Negotiation is key in these scenarios. While indemnification clauses may seem non-negotiable, most contract terms can be revised through careful negotiation. Public officials should evaluate "what-if" scenarios to understand the practical implications of indemnification. Whenever possible, include provisions to limit liability, such as capping financial exposure or excluding gross negligence or willful misconduct.
Article XI, Sections 1 and 2 of the Colorado Constitution limit public entities' ability to indemnify private parties. These provisions prohibit counties, cities, and other public entities from lending or pledging credit to private entities. However, exceptions exist when the agreement serves a clear public purpose.
Counties should note that Colorado courts have not applied the public purpose exception to indemnification clauses, making reliance on this exception uncertain and reinforcing the need for careful legal review before agreeing to indemnify another party.
When entering into contracts that involve indemnification, counties must exercise caution. Legal review is essential to ensure compliance with constitutional requirements and to mitigate risks. Engaging a county attorney early in the contract negotiation process is critical for identifying potential pitfalls and crafting language that protects the public entity’s interests.
Best Practices for Managing Indemnification
Indemnification is a powerful tool for managing contract risk and limiting potential liability exposure, but it must be approached thoughtfully and strategically. By understanding the nuances of indemnification clauses and adhering to legal and practical guidelines, counties can reduce the likelihood of costly claims and lawsuits that impact both the county and CAPP. Properly structured indemnification language helps shift appropriate risk, protect public resources, and strengthen overall risk management efforts. For further assistance or specific questions about indemnification clauses, contact CTSI at (303) 861-0507.
Clear, consistent personnel policies are essential tools for county officials to manage risk, reduce employment-related claims, and protect both individual counties and the Colorado Counties Casualty & Property Pool (CAPP). While many counties strengthened their policies through centralization efforts over the past two decades, today’s workplace presents new challenges. Remote and hybrid work, evolving employment laws, and heightened expectations for workplace conduct make it critical for counties to regularly review, coordinate, and update personnel policies to ensure consistent, defensible practices that limit liability exposure and support effective county operations.
Coordinating a single, consistent set of personnel policies across departments remains a best practice. Centralized policies reduce confusion, promote equitable treatment, and limit exposure to employment-related claims. From a risk management perspective, well-defined policies support legal compliance, improve record-keeping, strengthen benefits and budget oversight, and provide critical documentation in the event of disputes, while also enabling more effective responses to employee concerns.
At a minimum, counties should ensure their personnel policies clearly address the following foundational areas:
The elements that form the backbone of compliance should be reviewed regularly to ensure alignment with current legal standards, such as:
Beyond minimum requirements, counties are strongly encouraged to maintain policies that address workplace expectations and employee conduct, including:
As workforce models evolve, policies should reflect how and where work is performed, including:
Personnel policies should be living documents that evolve with changes in employment law, workplace expectations, and county operations. Establishing a regular review process helps ensure policies remain clear, current, and enforceable. Ongoing training and communication are equally important, as policies are most effective when employees and supervisors understand how they apply in daily work.
Counties that maintain clear, up-to-date personnel policies are better positioned to reduce risk, promote consistency, and build employee trust. Well-managed policies support legal compliance, improve supervisory decision-making, and help address issues early, while also limiting exposure to employment-related claims covered under CAPP. For more information, contact CTSI at (303) 861-0507.
Legislation was enacted more than a decade ago to allow counties to purchase crime insurance in lieu of surety bonds for elected officials, staff, public trustees, and other named insureds. Surety bonds are typically required for public officials to guarantee their faithful performance of duties and to protect against financial losses resulting from malfeasance or negligence. CAPP Crime and Public Officials' Liability Coverage is often used by public entities to protect against financial losses resulting from various risks, including crime-related incidents and liabilities associated with their official duties.
This legislation saves CAPP member counties money by not purchasing bonds because CAPP member county-named insureds have $11 million in public officials’ liability (E&O) coverage and $1 million in crime coverage (coverages are subject to the Pool aggregates). These coverages are greater than the prior statutory bond requirements and are provided through CAPP coverage at no additional charge.
Those individuals who were or are now elected or appointed officials of the Named Insureds, including members of their governing bodies or any other committees, trustees, boards, or commissions of the Named Insureds; district attorneys, their assistants, and staff while acting for or on behalf of district attorneys; agents, volunteers, and Useful Public Servants; all the foregoing while acting for or on behalf of the Named Insureds.
Exception: Members of the following boards or commissions are not Insureds: Housing Authorities, Port Authorities, School Boards, or Railroad Boards.
Surety bonds were initially meant to protect taxpayers against wrongdoings on the part of county officials. However, the surety bond protection became outdated and did not offer as much protection.
Indemnification clauses in the surety bond contracts require the county or the county official to reimburse the court costs that the surety bond company takes on, even if the lawsuit is thrown out of court. Insurance contracts do not have such personal indemnification clauses. Additionally, using insurance instead of sureties is preferred because, in the past, a county official could be held personally liable for court costs resulting from a frivolous lawsuit.
In some instances, when applying for a grant, the county may be required to secure a bond as a condition of receiving the grant. In these cases, the county should purchase a bond to move forward with the project. You should ask the grant agency if your CAPP coverage will suffice, but they may still require a bond.
If you participate on a board that is not insured by CAPP and are required to have a surety bond, a bond will need to be purchased for that purpose.
CAPP member counties save money by not having to purchase bonds while obtaining greater protection than bonds afford. Refer to C.R.S. 30-10-110 for detailed information on crime coverage in lieu of bonds. It's important to note that the specific details and terms of CAPP coverage can vary, and the decision to use this type of insurance in lieu of bonds would depend on the regulations and requirements of the jurisdiction in question. For more information, contact CTSI at (303) 861-0507.
CTSI is much more than insurance. We are county-owned and operated, assisting most Colorado counties and other government agencies. As a membership organization, CTSI is committed to providing high-quality risk management and loss control services as well as employee training and education, human resources, and other value-added services, such as management and regulatory consulting. At the core of CTSI is our mission statement, which guides our team’s every endeavor and underscores our shared vision.
To provide counties with alternative risk management and other technical services that are progressive, competitive, and cost-effective.
At CTSI we pride ourselves on our customer service and being available in-person to meet the needs of our membership. Below is a list of who to contact in each department.
Multi-factor authentication (MFA) has become a cornerstone of cybersecurity for counties, dramatically reducing the risk of unauthorized access. However, as defenses evolve, so do attack methods. One growing threat targeting organizations with MFA in place is the MFA fatigue attack, also known as push bombing.
MFA fatigue attacks exploit human behavior rather than technical weaknesses. Instead of trying to bypass MFA entirely, attackers overwhelm users with repeated authentication requests until the user mistakenly approves one, often to stop the notifications.
Attackers typically begin by obtaining a user’s credentials through phishing, prior data breaches, or social engineering. Once they have the username and password, they repeatedly attempt to log in, triggering a flood of MFA push notifications, text messages, or phone prompts sent to the user’s device.
These prompts may arrive late at night, early in the morning, or continuously throughout the day. Eventually, a distracted or frustrated user may approve the request without realizing it is malicious. At that moment, the attacker gains legitimate access using the user’s own credentials and approved MFA request. This tactic has been used successfully against both private companies and public entities, including government agencies, because it relies on urgency, annoyance, and user error rather than technical flaws.
County employees juggle multiple systems, urgent service demands, and frequent login requests, making MFA prompts feel routine. Attackers count on this familiarity to reduce vigilance. Shared responsibilities, after-hours access, and remote or hybrid work can also increase the chances that an unexpected MFA request is missed or misunderstood.
Employees and IT teams should remain alert for the following warning signs that an active MFA fatigue attempt is in progress:
While MFA fatigue attacks are concerning, there are steps counties can take to reduce risk:
1. Train Employees: Ensure staff know never to approve an MFA request they didn’t initiate and to report anything suspicious immediately.
2. Use Number Matching or Verification Codes: Adopt MFA options that require entering a code or matching a number, making unauthorized approvals far more difficult.
3. Reduce Repeated Prompts: Configure systems to limit failed MFA attempts or trigger alerts after multiple prompts to prevent attacker “bombing.”
4. Strengthen Reporting Channels: Make it easy for employees to report suspicious MFA activity so IT can respond quickly and secure accounts.
5. Enforce Least-Privilege Access: Limit each account’s permissions to only what’s necessary, reducing potential harm if a credential is compromised.
MFA remains one of the most effective security controls available, but it is not “set it and forget it.” Counties must pair technical safeguards with ongoing employee awareness and clear response procedures. By understanding MFA fatigue attacks and adjusting configurations, training, and policies accordingly, counties can stay ahead of this evolving threat. For more information, contact CTSI at (303) 861-0507.
The U.S. Department of Labor (DOL) and the State of Colorado require workplaces, including local governments, to provide employees with posted notices. Lists of notices can be found online and often downloaded for free.
The State of Colorado requires employers to display certain federal and state law posters to ensure employees know their rights and responsibilities. These posters cover essential topics such as Minimum Wage Orders, Anti-Discrimination protections, Employment Security, Workers’ Compensation, Notice to Employer of Injury, Paydays, Pregnancy Accommodations, and more. Employers can find these posters listed at https://cdle.colorado.gov/posters.
These posters summarize labor laws and regulations but should not be considered comprehensive. For detailed information, rules, fact sheets, translations, questions, or to file complaints, employees and employers can contact the Division of Labor Standards & Statistics at ColoradoLaborLaw.gov or via email at cdle_labor_standards@state.co.us.
Additionally, every Colorado employer is required to notify employees about the FAMLI (Family and Medical Leave Insurance) Program and display the required program notice prominently in the workplace. The program ensures that most Colorado employees become eligible for paid leave after earning at least $2,500 in wages subject to FAMLI premiums within approximately a year. Individuals and families can sign up for updates directly from the Division of Labor Standards & Statistics. Some counties have elected to opt out of the FAMLI program. Counties should confirm their election status and understand how opting out affects posting requirements and employee notifications.
Employers should note that some state-required posters may not specify their applicability to local governments. This can vary, so it’s advisable to consult with an HR representative or county attorney to clarify applicable definitions and requirements.
At the federal level, the U.S. Department of Labor (DOL) mandates that specific notices be displayed in workplaces to inform employees of their rights under federal statutes and regulations. These notices include topics such as the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), Equal Employment Opportunity (EEO), and more.
The DOL provides free electronic copies of required posters, some available in multiple languages, at https://www.dol.gov/general/topics/posters. Posters of particular interest to federal contractors are also available on this site.
Required posters must be clearly visible to employees, typically in shared spaces like break rooms or near time clocks. While digital postings can supplement physical copies, especially for remote or hybrid staff, they do not replace the need for on-site posters unless the workforce is entirely remote. Counties should also be aware that failure to display required notices can result in corrective actions or fines, particularly if violations are repeated or willful.
Employers are encouraged to review state and federal poster requirements regularly to ensure compliance. Staying updated on changes can help avoid penalties and ensure employees have access to accurate and timely labor law information. Generally, a poster should be posted in the lunchroom, general meeting rooms, or places where all employees can view it for each physical location or building in which county employees or contractors report. It is a straightforward violation for an auditor to check, so take notice of this critical requirement. For more information, contact CTSI at (303) 861-0507.
Wildlife-vehicle collisions pose an urgent and growing safety threat at both the national and local levels. In the United States between July 2024 and June 2025, an alarming 1.7 million animal-vehicle collisions were reported, with deer as the most commonly struck species. In Colorado, wildlife-vehicle collisions are a persistent and severe concern: state records show an average of roughly 3,300 annually on Colorado highways, but the true total is even higher, as many incidents go unreported.
In just five years, CAPP has paid out $1,200,000 in claims for 190 wildlife-related accidents. While deer account for most incidents, turkeys, bears, coyotes, badgers, and cows have also caused damage and injuries. Motor vehicle accidents in Colorado with wildlife now rank as the third leading cause of crashes, surpassed only by speeding and distracted driving, making immediate awareness and action essential.
Across the country, October-December are the peak months for wildlife-related auto accidents. With shorter daylight hours, many drivers commute during dawn and dusk, when big game animals, especially deer, are most active. Additionally, November marks the peak of deer mating season, when these animals become more mobile, easily distracted, and more likely to cross roadways.
Understanding these risks and taking precautions during this high-risk season can help save lives, reduce injuries, and prevent costly vehicle damage.
While it’s not always possible to avoid driving during peak wildlife activity, these tips can help reduce the risk of collisions:
Stay cautious and prepared—these small actions can make a big difference in preventing accidents and staying safe on the road.
Wildlife crossings can happen unexpectedly, especially when driving through forests, agricultural areas, and regions with high wildlife activity. Colorado Parks & Wildlife has identified the following highways as high-risk areas for wildlife-related auto accidents:
Drivers should remain vigilant, particularly when wildlife activity is heightened in the fall. Increased awareness can prevent accidents and save lives. For questions about claims or to learn more about driver safety, contact CTSI Loss Control at (303) 861-0507.
As winter approaches and temperatures drop, it is ideal to assess county buildings for vulnerabilities to freezing temperatures, ice, and snow. Key areas to inspect include roofs, gutters, pipes, windows, and foundations. Proactive maintenance can help prevent costly damage and disruptions, ensuring county facilities remain safe and functional throughout winter.
Ice dams form when water from melting snow refreezes near roof edges, causing blockages that trap water on the roof. This can lead to water seeping into roofs, ceilings, and walls, resulting in structural damage and mold growth. Besides clearing gutters and downspouts, consider using heated cables in high-risk areas, especially on lower-sloped roofs or around eaves where ice is likely to accumulate. Proper attic space ventilation can also help by regulating roof temperature and reducing the conditions that lead to ice dams.
The weight of snow and ice can compromise a roof’s structural integrity, especially if snow is left to accumulate. Conduct a seasonal roof inspection to identify and repair loose shingles, weak spots, or potential leak areas. For flat or low-slope roofs, ensure drains are clear to prevent pooling. Keep snow load measurements in mind, and if necessary, establish a snow removal plan that uses safe techniques to prevent roof damage. Tools like roof rakes or snow guards can help maintain snow distribution and reduce stress on vulnerable areas.
Pipes exposed to freezing temperatures are vulnerable to bursting, which can cause severe water damage and expensive repairs. Besides adding insulation, consider using heat tape or pipe warmers for pipes that cannot be relocated to warmer areas. Regularly inspect the insulation for wear and replace any sections that have gaps or cracks. During severe cold, setting thermostats to a consistent temperature day and night can help reduce the chance of freezing pipes.
In unoccupied buildings or areas that will not be used frequently during winter, consider shutting off the water supply to prevent pipe damage and draining the pipes to eliminate standing water.
Winterizing windows and doors helps conserve heat, reduces the strain on heating systems, and can lower utility costs. Inspect all windows and doors for drafts or air leaks, as even small gaps can significantly reduce energy efficiency. Seal these gaps with weather stripping or caulk. Consider applying window insulation film for older windows, which can add a protective layer to prevent heat loss.
In addition to sealing leaks, ensure that all window locks and door latches are secure. Locking windows can help them fit more tightly against the frame, reducing drafts. Check the bottom seal or sweep for doors, as gaps here can let in cold air; replacing or adding a door sweep can help keep drafts out.
The building’s foundation also plays a crucial role in winter readiness. Inspect the foundation for any visible cracks or openings, especially near water pipes or electrical conduits. Cracks can allow cold air and moisture to enter, potentially damaging interior structures and systems. Use exterior-grade caulk or expandable foam to seal these cracks and prevent cold air from reaching interior spaces. Additionally, ensure that foundation vents are closed or covered during the winter months to minimize heat loss further and protect pipes.
Prepare county buildings for winter weather by evaluating roofs, gutters, exposed pipes, windows, doors, and foundations for potential weaknesses. Proactively addressing these areas can help reduce the risk of damage, save on repair costs, and maintain a safe environment for county employees and the public. For more guidance on winterizing your facilities, contact CTSI at (303) 861-0507.
Being prepared for winter weather driving is crucial for ensuring safety on the road. Winter conditions can be challenging and unpredictable, and they often present unique hazards that require drivers to take extra precautions. Here are some key reasons why being prepared for winter weather driving is important:
The Colorado Department of Transportation recommends people traveling in cold weather stock their vehicles with a winter weather survival kit that includes the following:
If you find yourself stranded in your vehicle during a snowstorm, immediately check that the tailpipe is clear of snow. A blocked tailpipe can lead to a deadly buildup of carbon monoxide in the passenger compartment. You should also stay in your car with your seatbelt on unless you see a building nearby. Turn the car off to conserve gas, and only turn it back on occasionally to stay warm. The more hydrated you are, the warmer you will stay so melt snow, if necessary.
Being prepared for winter weather driving involves a combination of proactive measures, such as proper vehicle maintenance, using the right equipment, and staying informed about weather and road conditions. Taking these precautions can significantly reduce the risk of accidents and ensure a safer driving experience during the winter months. Keep an emergency winter survival kit in your vehicle and know the steps to take if stranded. For more information, contact CTSI at (303) 861-0507.
Workplace wellness programs often encourage physical activity, and some counties have taken this a step further by providing exercise equipment in their buildings. While this can promote employee health and morale, it also introduces potential risks if not properly managed. Improper use, lack of supervision, or equipment malfunction can lead to injuries that may result in workers’ compensation claims or liability concerns for the employer. It’s important for counties to balance the benefits of promoting wellness with the responsibility of maintaining a safe environment.
Devices like treadmill desks, under-desk bikes, and stability balls may seem harmless, but when used in non-gym environments or without supervision, they can lead to falls, repetitive strain, or back injuries. Even minor mishaps can result in costly claims if the equipment is provided or permitted by the employer.
Distraction and reduced focus: Studies show that typing accuracy can drop by more than 15% while walking on a treadmill desk. Maintaining balance on a stability ball diverts attention and may increase the risk of falls.
Improper setup or overuse: Equipment that isn’t properly adjusted for height, inflation, or duration of use can lead to poor posture, muscle fatigue, or chronic strain.
Liability exposure: Whether equipment is owned, donated, or employee-provided, mechanical failures or improper use can result in employer liability if injuries occur during work hours.
Preventing injuries begins with clear policies, proper training, and a culture of safety. CTSI recommends the following best practices for counties:
Promoting wellness doesn’t have to mean introducing risky equipment. A well-designed ergonomic program and “get up and move” culture can be equally effective. Encourage county employees to stand, stretch, or walk for a few minutes every hour. These micro-breaks boost circulation, reduce fatigue, and refresh focus, without increasing injury risk.
CTSI offers ergonomic training for county employees. One of the most popular sessions, Ergonomic Essentials for the Office, includes ergonomic case studies, the fundamentals of adjusting your workstation, and tips on posture, movement, and stretching. This helps make simple adjustments before discomfort turns into a more serious injury.
Before adding exercise equipment to county facilities, weigh the potential health benefits against the increased risk of injury and liability. Equipment intended for fitness centers may not be suitable for office environments. When possible, focus wellness efforts on education, safe movement, and access to fitness resources outside of the workplace. As always, CTSI can assist with ergonomic assessments, safety training, and policy guidance to ensure employee well-being and reduce risk. For more information, contact CTSI at (303) 861-0507.
