HomeMy WebLinkAbout1992-342
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RESOLUTION NO.
92-342
SAN BERNARDINO AUTHORIZING THE
CHARLES E. HAMILTON TO PERFORM
MANAGEMENT DEPARTMENT.
SECTION 1.
The Mayor of the City of San Bernardino is hereby
10 fully as though set forth at length.
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18 Bernardino at a
19 day of August
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reaular
authorized and directed to execute on behalf of said City an
, 1992, by the following vote to wit:
agreement with Charles E. Hamilton to perform consulting services
for the Risk Management Department, a copy of which is attached
9 hereto marked Exhibit "A" and incorporated herein by reference as
RESOLUTION OF THE CITY OF
EXECUTION OF AN AGREEMENT WITH
4 CONSULTING SERVICES FOR THE RISK
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12 SECTION 2. The authorization to execute the above-referenced
13 agreement is rescinded if the parties to the agreement fail to
14 execute it within sixty (60) days of the passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the city of San
meeting thereof, held on the 17th
RESOLUTION AUTHORIZING CONTRACT WITH CHARLE& E. HAMILTON
FOR CONsuLTANT SERVICES.
1 COUNCIL MEMBERS
2 ESTRADA
3 REILLY
4 HERNANDEZ
5 MAUDSLEY
6 MINOR
AYES
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7 POPE-LUDLAM
8 MILLER
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17 Approved as to form
and legal content:
NAYS
ABSTAIN
ABSENT
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City Clerk
The foregoing resolution is hereby approved this
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, 1992.
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JAMES F. PENMAN
19 City Attorney
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(Approv~d per Cty of 5 Bdno Res 92-342 adopted 8/17/92)
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AGREEMENT FOR
WORKERS' COMPENSATION CONSULTANT
(Third Party Administrator)
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7 THIS AGREEMENT, made and entered into this / Dr day of
: J~1z~~ , 1992, by and between the CITY OF SAN BERNARDINO, a
Charter city ("city"), and CHARLES E. HAMIL'rON, an individual
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("Consultant") .
WITNESSETH:
WHEREAS, city has need for the services of a Third Party
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Administrator to advise, train and help administer the City's
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Workers' Compensation program; and
WHEREAS, Consultant asserts that he is specially trained,
experienced and competent to perform such services; and
WHEREAS, 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
Claims Administrator.
Review and set reserves for new Workers' Compensation
claims.
Re-evaluate, increase or decrease reserves on existing
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1 Workers' Compensation claims.
2 Develop and implement procedures for tracking and
3 resolving Workers' Compensation claims.
4 Develop and implement procedures for processing of
5 indemnity and medical claims.
6 Recommend and assist in training of employees to properly
7 handle claims.
8 Assist Director in re-establishing a certifiable in-house
9 Workers' compensati.on claims function.
10 In addition, Consultant shall train, advise and assist the staff of
11 Risk Management Division of the city in the completion of these
12 representative duties.
13 2. city shall compensate Consultant in the amount of Fifty-
14 Five Thousand Dollars ($55,000.00) over the term of this Agreement
15 payable bi -monthly.
16 3. The term of this Agreement is August 1, 1992, up to and
17 including July 31, 1993. This Agreement may be extended on a
18 month-to-month basis for a maximum of twelve (12) additional months
19 upon the express written consent of Consultant to such extension
20 and the approval thereof by the city Administrator. Said extension
21 shall incLude cost of living increase, if any, granted to the
22 general employees. Either party may terminate this Agreement for
23 any reason upon fifteen (15) days written notice to the other.
24 4. Consultant, in performing services under this Agreement,
25 shall not be considered as an employee of the city for any purpose,
26 but for all intents and purposes shall be considered as an
27 independent contractor.
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AGREEMENT WITH CHARLES HAMILTON FOR CONSULTANT.SERV;CES
1 5. Consultant agrees to defend, indemnify, save and hold the
2 City, its officers, agents and employees harmless from any claim or
3 suits that may be brought by third persons on account of personal
4 injury, death, or damage to property, or a property or business or
5 personal interest, arising from any negligent act or omission by
6 Consultant while performing service under this Agreement.
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All notices to be given pursuant to this Agreement shall
8 be deposited with the united states Postal services postage prepaid
9 and dddressGd as follows:
10 To city:
To Consultant:
11 city Administrator
300 North D street
12 San Bernardino, CA 92418
Charles E. Hamilton
967 Duke Street
Upland, CA 91786
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
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parties.
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IN
This document contains the entire Agreement between the
WITNESS WHEREOF, parties hereto have executed this
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Agreement on the day and date first above shown.
ATTEST:
1m
21 /!:oWr)"ltU
22 RACHEL KRAS~
City Clerl5: .~
23 0. mdtJT!tV, D/f2lL1ff-
lJ
SEP 1
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25 Approved as to form
a legal content:
26 0
i(';W~
27 ES F. PENMAN
ity Attorney
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