HomeMy WebLinkAbout1989-376
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RESOLUTION NO. 89-376
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM
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
....ity an
agreement with Charles E. Hamilton to perform
consulting services for the Risk Management Department, a copy
of which is attached hereto marked Exhibit II A" and incor-
porated herein by reference as fully as though set forth at
length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 18th
day of ~ternber
, 1989, by the following vote to with:
AYES:
Council Members Estrada, Reilly, Flores, Maudsley
Pope"':"Ludlarn~ Hiller.
NAYS:
None
ABSENT: None
~A7/?/~
crty Clerk
8/28/89
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RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON
TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT
DEPARTMENT.
The foregoing resolution is hereby adopted this G-;;:';;"-A~
day of ~
, 1989.
Approved as to form
and legal content:
ik
27 8/28/89
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AGREEMENT FOR
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WORKERS' COMPENSATION CONSULTANT
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THIS AGREEMENT, made and entered into this
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day OfJ;t~
1989, by and between the CITY OF SAN
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BERNARDINO, a Charter City ("City"), and CHARLES E. HAMILTON, an
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individual ("Consultant").
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WITNESSETH:
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WHEREAS, City has need for the services of a consultant to
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 on the Job Description attached hereto as
Exhibit "A" and incorporated herein.
In addition Consultant
shall train, advise and assist the staff of the 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
/ / /
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DAB:br
September 20, 1989
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1 travel expenses in the same manner and amount as City employees.
2 However, Consultant shall not be entitled to employee benefits
3 except as specified herein.
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3.
The term of this Agreement is August 1, 1989, to and
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including July 31, 1990.
Either party may terminate this
6 Agreement for any reason upon fifteen (15) days written notice to
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4.
Consultant, in performing services under this
9 Agreement, shall not be considered as an employee of City for any
10 purpose, but for all intents and purposes shall be considered as
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5.
Consultant agrees to defend, indemnify, save and hold
13 City, its officers, agents and employees harmless from any claim
14 or suits that may be brought by third persons on account of
15 personal injury, death, or damage to property, or a property or
16 business or personal interest, arising from any negligent act or
17 omission by Consultant while performing service under this
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18 Agreement.
6.
All notices to be given pursuant to this Agreement
20 shall be deposited with the United states Postal Services postage
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21 prepaid and addressed as follows:
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To Consultant:
Charles E. Hamilton
967 Duke Street
Upland, Ca 91786
To City:
City Administrator
300 North "0" street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prevent the
27 giving of notice by personal service.
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DAB:br
August 16, 1989
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1 7. This document contains the entire agreement between the
parties.
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IN WITNESS WHEREOF, the parties hereto have executed this
3 Agreement on the day and date first above shown.
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Approved as to form
8 and legal content:
9 JAMES F. PENMAN,
City Attorney
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DAB:br
August 16, 1989
Consultant
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Charles E. Hamilton
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EXHIBIT A
Duties:
Serve as third party Workers'
certified Claims Administrator.
Compensation
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.
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.
FILE:HAM/DUTIES