HomeMy WebLinkAbout1994-314
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94-314
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM
CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT.
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City an
agreement with Charles E. Hamilton to perform consulting services
for the Risk Management Department, a copy of which is attached
hereto marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 2. The authorization to execute the above-referenced
agreement is rescinded if the parties to the agreement fail to
execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a reQu1ar
meeting thereof, held on the
3rd
day of October
, 1994, by the following vote to wit:
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94-314
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council Members AYES NAYS ABSTAIN ABSENT
NEGRETE x
CURLIN x
HERNANDEZ x
OBERHELMAN x
DEVLIN x
POPE-LUDLAM x
MILLER x
.~ '-(j2t1A-b
City Clerk
6Lf 'x/{Utcl'Lru!ludJ.nv/ IJefid:Zt
resolution is hereby approved this
The foregoing
5th
14 day of October
, 1994.
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TOM MINOR, MAYOR
city of San Bernardino
Approved as to form and
legal content:
JAMES F. PENMAN
City Attorney
By' (2~~
..
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94-314
AGREEMENT FOR WORKERS' COMPENSATION CONSULTANT
(Third Party Administrator and City of San Bernardino
Hearing Representative to San Bernardino
Workers' Compensation Appeals Board)
THIS AGREEMENT, made and entered into this /f 1/7;'1 day of
(".::}/p I , 1994, by and between the CITY OF SAN BERNARDINO,
a Charter City ("city"), and CHARLES E. HAMILTON, an individual
("Consultant") .
WITNESSETH:
WHEREAS, the City has need for the services of a Third Party
Administrator to advise, train and help administer the City's
Workers' Compensation program; and
WHEREAS, the City has need for the services of a Hearing
Representative to assist with the controlling of litigation
expenses in the area of Workers' Compensation; and
WHEREAS, Consultant asserts that he is specially trained,
experienced and competent and licensed by the State of California,
Department of Industrial Relations, Self Insurance Plans, to
perform such services; and
WHEREAS, the City has authority to enter into this Agreement
pursuant to Section 40 (aa) of the Charter of the City of San
Bernardino,
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. city hereby employs Consultant to perform representative
duties as follows:
Serve as Third Party Workers' Compensation Certified
September 15. 1994
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94 314
Claims Administrator.
Review and set reserves for new Workers' Compensation
claims.
Re-evaluate, increase or decrease reserves on existing
Workers' Compensation claims.
Develop and implement procedures for tracking and
resolving Workers' Compensation claims.
Develop and implement procedures for processing of
indemnity and medical claims.
Recommend and assist in training of employees to properly
handle claims.
Assist Director in re-establishing a certifiable in-house
Workers' Compensation claims function.
In addition, Consultant shall train, advise and assist the staff of
Risk Management Division of the City in the completion of these
representative duties.
2. The City shall compensate Consultant in the amount of
Fifty-Five Thousand Dollars ($55,000.00) over the term of this
Agreement payable bi-monthly.
3. In addition to serving as a Consultant, Mr. Hamilton will
also serve as the City of San Bernardino's Hearing Representative
to the San Bernardino Workers' compensation Appeals Board. This
will be over and above his duties as a Consultant. The hourly rate
will be $75.00 plus expenses, not to exceed $5,000 for the duration
of this Agreement.
4. The term of this Agreement is August 1, 1994, up to and
including July 31, 1995.
This Agreement may be extended on a
September 15, 1994
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month-to-month basis for a maximum of twelve (12) additional months
upon the express written consent of Consultant to such extension
and the approval thereof by the City Administrator. Either party
may terminate this Agreement for any reason upon fifteen (15) days
written notice to the other.
5. Consultant, in performing services under this Agreement,
shall not be considered as an employee of the City for any purpose,
but for all intents and purposes shall be considered as an
independent contractor.
6. Consultant agrees to defend, indemnify, save and hold the
city, its officers, agents and employees harmless from any claim or
suits that may be brought by third persons on account of personal
injury, death, or damage to property, or a property or business or
personal interest, arising from any negligent act or omission by
Consultant while performing service under this Agreement.
7. All notices to be given pursuant to this Agreement shall
be deposited with the united states Postal Services postage prepaid
and addressed as follows:
To City:
To Consultant:
City Administrator
300 North D street
San Bernardino, CA 92418
Charles E. Hamilton
967 Duke Street
Upland, CA 91786
Nothing in this paragraph shall be construed in prevent the
giving of notice by personal service.
8. This document contains the entire Agreement between the
parties.
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September 15, 1994
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94-314
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CHARLES E.
HAMILTON TO PERFORM SERVICES FOR THE WORKERS' COMPENSATION
PROGRAM.
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28 September 15, 1994
IN WITNESS WHEREOF, this Agreement has been executed by the
parties effective as of the date and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
Municipal Corporation of
the State of California
~~~
TOM MINOR, MAYOR
~~-1uL ~
Rac 1 Clark, City Clerk
~
CHARLES E. HAMIL ON
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By,e,~lli
r'
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