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HomeMy WebLinkAbout1988-251 ~ 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. 88-251 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OMEGA CLAIMS SERVICES, INC., RELATING TO SURVEY OF WORKERS' COMPENSATION PROCEDURES AND RECOMMENDATIONS FOR IMPROVEMENT OF SUCH PROCEDURES. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute for and on behalf of said City an Agreement between the City of San Bernardino and Omega Claims Services, Inc., relating to survey of Workers' Compensation procedures and recommendations for improvement of such procedures, a copy of which is attached hereto as Exhibit "1", and incorporated 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 day of July , 1988, by the following 18th vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ~41/~ /' Ci ty Clerk 6-30-88 DAB:cm 1 # , 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 I of The foregoing resolution is hereby approved this 20th day , 1988. July Approved as to form a~~ 6-30-88 DAB:cm BY;~ ~~ Mayor Pro Tempore Evlyn Wllcox, Mayor City of San Bernardino 2 .... 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 .. A G R E E MEN T THIS AGREEMENT, entered into this ~~ day of ~~ 1988, by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation ( "City" ), and OMEGA CLAIMS SERVICES, INC. (" Company" ) . WITNESSETH: WHEREAS, City has need for a survey of Workers' Compensation procedures and recommendations for improvement of such procedures; and WHEREAS, Company asserts that it is expert, competent and experienced in performing such surveys; and WHEREAS, Company is willing to provide such services for City. NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Company agrees to provide, pursuant to the terms and conditions hereinafter set forth, a survey of the City's Workers' Compensation procedures and a study of possible improvements. Such survey will include a review of open and closed claims, but will mainly be concerned with policies and procedures, and incorporation of industry practices. 2. It is agreed that the Manager of Claims of Company, Mr. Joe Hennigan, will provide the primary work pursuant to this agreement. Any change in such primary individual shall be subject to prior written approval of City. 3. Company shall provide a minimum of 30 hours and a maximum of 50 hours in providing such services, and shall be 1 . '0( ~ 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 compensated at the rate of $60 per hour, plus mileage from the Company's office to City Hall, round trip, and any necessary travel in the City of San Bernardino at a mileage rate of 20 cents per mile. The total number of hours to be worked within the above minimum/maximum shall be mutually agreed upon by Company and the City's Risk Management Director. 4. The services to be provided pursuant to this agreement shall be completed three calendar weeks following written notice from the Director of Risk Management to Company to proceed. No later than 10 days after the completion of said three-week period a written report shall be provided to the Director of Risk Management. 5. Ci ty agrees to defend, indemnify, save and hold Company, its officers, agents and employees harmless from any claims or suits that may be brought by third persons on account of personal injury, death or damage to property, or a property, business or personal interest, arising by the performance of Company of this agreement. 6. Any notices to be provided pursuant to this Agreement shall be in writing and shall be deposited with the United States Postal Service postage prepaid and addressed as follows: City Company Risk Management Department City Hall, 4th Floor 300 North D Street San Bernardino, CA 92418 Omega Claim Services, Inc. 265 S. Randolph Ave., # 260 Brea, CA 92621 Nothing in this paragraph shall be construed to prevent the giving of such notice by personal service. 2 ., .. . 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, the parties hereto have executed this agreement on the day and date first above shown. CITY OF SAN BERNARDINO ATTES'I1: ,"' ,/7-. LJ' .". /., / / ~~/ /7/1 /k;l!t2 "?/~ City Clerk By By ry Approved as to form and legal content: ~) 3