HomeMy WebLinkAbout1990-258
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RESOLUTION NO. gO-J<;R
4 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM
5 CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT.
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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referenced agreement is rescinded if the parties to the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
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Bernardino at a
day of July
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05/30/90
meeting thereof, held on the 2nd
regular
, 1990, by the following vote to with:
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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.
council Members:
AYES
ESTRADA
x
REILLY
x
FLORES
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MAUDSLEY
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MINOR
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POPE-LUDLAM
MILLER
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NAYS
ABSTAIN
-it L 4f1:i/4/'
,
1{7(J dl/' I{ ~'L{ ..ic.~
/
City Clerk
The foregoing resolution is hereby approved this 9~L
day of
July
, 1990.
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By'(r~ -; ~
~~
05/30/90 -2-
-[7/'
, Mayor
ernardino
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AGREEMENT FOR
WORKERS' COMPENSATION CONSULTANT
(Third Party Administrator)
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THIS AGREEMENT, made and entered into this / f/ A- day
of . /j~/~, 1990, by and between the CITY OF SAN BERNARDINO,
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a Chatter C~ ty ("ci ty"), and CHARLES E. HAMILTON, an individual
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("Consultant") .
WITNESSETH:
WHEREAS, City has need for the services of a Third Party
Administrator advise, train and help administer the City's
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 the
representative duties as follows:
Serve as third party Workers' Compensation
certified Claims Administrator.
Review and set reserves for new claims.
Re-evaluate, increase or decrease reserves on
existing claims.
Develop and implement procedures for tracking
and resolving claims.
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05/30/90
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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 City in the completion of the
representative duties.
2. City shall compensate Consultant in the amount of
Fifty Thousand Dollars ($50,000.00) over the term of this
Agreement payable bi-weekly at the same time and in the same
manner as city employees. Consultant shall be entitled to
mileage and other travel expenses in the same manner and amount
as City employees. However, Consultant shall not be entitled to
employee benefits except as specified herein.
3. The term of this Agreement is August 1, 1990, to and
including July 31, 1991. This Agreement may be extended on a
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.
4. Consultant, in performing services
Agreement, shall not be considered as an employee
any purpose, but for all intents and purposes
considered as an independent contractor.
IIIII
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under this
of City for
shall be
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5. Consultant agrees to defend, indemnify, save and hold
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.
6. 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 Consultant:
Charles E. Hamilton
967 Duke Street
Upland, CA 91786
To city:
City Administrator
300 North "D" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prevent
the giving of notice by personal service.
7.
This document contains the entire agreement between
21 the parties.
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IN WITNESS WHEREOF, parties hereto have executed this
23 Agreement on the day and date first above shown.
24 IIIII
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26 I II II
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28 IIIII
05/30/90
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WORKERS' COMPENSATION CONSULTANT THIRD PARTY AGREEMENT BY AND
BETWEE~ THE CITY OF SAN.BERN~RDINO AND CHARLES E. HAMILTON.
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2 ATTEST:
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7 Approved as to form
and legal content:
8 V" .t:-y~h...
9 mes F. Penman
ity Attorney
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05/30/90
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:t[;:'t".;IA'( 'Jl;'/
/C~.c'5
CITY OF SAN BERN INO, a
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Munlclpal Corp atlon of
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W. R'. H, lco ,Mayor
city of San ,Bernardino
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Charles E. Hamilton
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