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HomeMy WebLinkAbout14-Risk Management CITY OF SAN BERN48DINO - REQUEST FOf' COUNCIL ACTION ....""" -' FrOm: Victor F. Lorch Director, Risk Management oept: Ri sk Management Date: September 15, 1994 Subject: Con s u 1t i n g s e r vie e s for R i s k Management - Third Party Administrator Workers' Compensa~ tion. Synopsis of Previous Council action: Council adopted Resolution 89-376 on September 18, 1989 and Resolution 92-342 on August 17, 1992 authorizing the contract with Mr. Hamilton as Third Party Administrator. D141N. OFFICi'. . SE? 9<, 7: 26 Recommended motion: DUN. .M-<iBb Re sol uti 0 n ) Sf? 9<, 7: 45 Signature Antlct penon: Victor F. Lorch Phone: x5308 lupportlng utlllUlChed: Wlrd: :UNDINO REQUIREMENTS: Amount: $55,000.00 $ 5,000.OU 678-452-55502 Consultant Services Sourcl: (ACCT. NO.) 678-452-55177 Litigation Expense (ACCT. DESCRIPTION) Flnlncl: fJit~//l.. t/~~~\ lluna" Nobll: .a,11 Agenda Item No / L/ CITY OF SAN BeRN~DINO - ReQUeST F~ COUNCIL ACTION STAFF REPORT An audit of the Workers' Compensation Department in May 1989 by the state of California, Department of Industrial Relations, Self Insurance Plans, fpund that the City'S claims were not being administered properly. As a result, on July 24, 1989, the City's permission to self administer its Workers' Compensation claims was terminated. The State required that the City hire a Third Party Administrator to oversee its operation. Non-compliance would have resulted in the revocation of the city~s Certificate of Consent to Self Insure, which meant that the city would have had to purchase Workers' Compensation insurance from the State Fund. Approximate cost would be $4,000,000 versus $2,800,500 under the present program. Based on State mandate, the city employed the services of Mr. Chuck Hamilton, a State certified Third Party Administrator. Since the hiring of Mr. Hamilton in August of 1989, it has been the goal of this department to regain permission from the State to self administer its Workers' Compensation program. Since 1990, we have gradually made progress toward that goal. We increased the number of Workers' compensation Specialists from one to two. The dutiEis of Account Clerk II have been modified to comply with insurance industry requirements for Workers' compensation Claims Assistant. We have encouraged Workers' compensation staff to take off duty education courses in this field. One Workers' Compensation Specialist has passed the State test for certification; the other is scheduled for November 1994. In June 1994, we hired an independent auditor, Leo Heyenrath, to review our Workers' Compensation Program. with proper staffing, as outlined in the audit report conducted by Heyenrath and Associates, we should be ready to self administer the City program as of Spring 1995. Implementation could save the city approximately $200,000 annually. - In addition to assisting the City in its self administration, Mr. Hamilton is recognized by the State of California, Department of Industrial Relations, Self Insurance Plans as a qualified Hearing Representative, to appear before any State Workers' Compensation Appeals Board. This service can aid the City in the reduction of its litigation expenses, which has increased over the last several years. We anticipate a savings of $20,000 in litigation costs. It is recommended that the Council adopt the contract for Mr. Charles Hamilton. 75-02" o ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 "An 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 meeting thereof, held on the , 1994, by the following vote to wit: Bernardino at a day of I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I o 1 council Members 2 NEGRETE 3 ctJRLIN 4 HERNANDEZ 5 6 7 8 9 10 11 12 13 OBERHELMAN DEVLIN POPE-LUDLAM MILLER o AYES NAYS ABSTAIN ABSENT city Clerk The foregoing resolution is hereby approved this 14 day of 15 16 17 , 1994. 18 Approved as to form and legal content: 19 JAMES F. PENMAN 20 City Attorney 21 22 23 24 25 26 27 28 By: TOM MINOR, MAYOR city of San Bernardino o o 1 2 3 4 5 6 THIS AGREEMENT, made and entered into this day of 7 , 1994, by and between the CITY OF SAN BERNARDINO, 8 a Charter City ("city"), and CHARLES E. HAMILTON, an individual 9 ("Consultant"). 10 WITNESSETH: 11 WHEREAS, the city has need for the services of a Third Party 12 Administrator to advise, train and help administer the city's 13 Workers' compensation program; and 14 WHEREAS, the city has need for the services of a Hearing 15 Representative to assist with the controlling of litigation 16 expenses in the area of Workers' Compensation; and 17 WHEREAS, consultant asserts that he is specially trained, 18 experienced and competent and licensed by the State of California, 19 Department of Industrial Relations, Self Insurance Plans, to 20 perform such services; and 21 WHEREAS, the City has authority to enter into this Agreement 22 pursuant to Section 40(aa) of the Charter of the City of San 23 Bernardino, 24 NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 25 1. City hereby employs Consultant to perform representative 26 duties as follows: 27 Serve as Third Party Workers' compensation Certified 28 September 15. 1994 AGREEMENT FOR WORKERS' COMPENSATION CONSULTANT (Third Party Administrator and City of San Bernardino Hearing Representative to San Bernardino Workers' compensation Appeals Board) -1- 1-- o o 1 Claims ~nm;n;strator. 2 Review and set reserves for new Workers' Compensation 3 claims. 4 Re-evaluate, increase or decrease reserves on existing 5 Workers' Compensation claims. 6 Develop and implement procedures for tracking and 7 resolving Workers' Compensation claims. 8 Develop and implement procedures for processing of 9 indemnity and medical claims. 10 Recommend and assist in training of employees to properly 11 handle claims. 12 Assist Director in re-establishing a certifiable in-house 13 Workers' Compensation claims function. 14 In addition, Consultant shall train, advise and assist the staff of 15 Risk Management Division of the City in the completion of these 16 representative duties. 17 2. The City shall compensate Consultant in the amount of 18 Fifty-Five Thousand Dollars ($55,000.00) over the term of this 19 Agreement payable bi-monthly. 20 3. In addition to serving as a consultant, Mr. Hamilton will 21 also serve as the City of San Bernardino's Hearing Representative 22 to the San Bernardino Workers' compensation Appeals Board. This 23 will be over and above his duties as a Consultant. The hourly rate 24 will be $75.00 plus expenses, not to exceed $5,000 for the duration 25 of this Agreement. 26 4. The term of this Agreement is August 1, 1994, up to and 27 including July 31, 1995. This Agreement may be extended on a 28 September 15, 1994 -2- o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Consultant: To City: City Administrator 300 North 0 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. I I I I I I I I I I September 15, 1994 -3- AGREEMENT BETON THE CITY OF SAN BERNARDJlNO AND CHARLES E. HAMILTON TO . . ORM SERVICES FOR THE WOR~)S' COMPENSATION PROGRAM. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Rachel Clark, City Clerk TOM MINOR, MAYOR Consultant: By: CHARLES E. HAMILTON Approved as to form and legal content: JAMES F. PENMAN city Attorney By: September 15, 1994 -4-