HomeMy WebLinkAbout29-Risk Management
CITY. OF SAN BERNO:lDINO - REQUEST IC)&UNCIL ACTION
From:
ARTHUR J. SCHUBERT, DIRECTOR
RISK MANAGEMENT
Subject:
WORKERS' COMPENSATION
CONSULTANT CONTRACT;
CHARLES E. HAMILTON
Dept:
JULY 24, 1989
Date:
Synopsis of Previous Council ection:
The Mayor and Common Council
approving the concept of
Consultant.
passed a
hir ing
Motion on
a Workers
July 5, 1989,
Compensation'
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Recommended motion:
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Adopt resolution.
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Ignalure
Contact penon: Arthur J. Schubert/Marshall W. Julian Phonal
384-5308
Supporting data IUached: Yes.
Ward:
FUNDING REQUIREMENTS:
Amount: $50,000 (Funds in place) .
Source: (ACCT. NO.) 001-451-53150
(ACCT. DESCRIPTION)
1)
Finance:
Council Notel:
15.0262
Agenda Item No. .:1.9
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RESOLUTION NO.
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 nAn and incor-
porated herein by reference as fully as though set forth at
leng th.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernard ino at a
meeting thereof, held on the
day of
AYES:
, 1989, by the following vote to with:
Council Members
NAYS:
ABSENT:
City Clerk
8/28/89
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RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON
3 TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT
DEPARTMENT.
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The foregoing resolution is hereby adopted this
day of
, 1989.
W. R. nBob" Holcomb, Mayor
9 Approved as to form
and legal content:
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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 of ,t~ __
BERNARDI~O, /(Charter
1989, by and between the CITY OF SAN
City ("City"), and CHARLES E. HAMILtON, an
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individual (;'Consul tant").
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WITNESSETH:
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WHEREAS, City has need for the services of a consultant to
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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
C2(
employ.-s Consultant
FOLLOWS:
1. City hereby
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
August 16, 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
7 the other.
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4.
Consul tant, 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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11 an independent contractor.
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
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 "D" 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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City of San Bernardino
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By:
W.R. Holcomb, Mayor
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Approved as to form
8 and legal content:
9 JAMES F. PENMAN,
City Attorney
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By: ~"1'"L.
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Consultant
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Charles E. Hamilton
DAB:br
August 16, 1989
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CITY OF SAN BERNARDINO
OCTOBER, 1987
WORKERS' COMPENSATION SPECIALIST
JOB DESCRIPTION
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Under general supervision, to examine and adjust claims for
Workers' Compensation benefits: to monitor claim expendi-
tures; to communi:ate with physicians, supervisors, employees
and attorneys regarding illnesses or injuries related to
employment: and to perform related work as required.
REPRESENTATIVE DUTIES
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Performs specialized duties involved in the coordination and
control of Workers' Compensation procedures; reviews and
records injury claims of City employees which have occurred
in the performance of duties for the City: makes recommen-
dations regarding the processings work injury claims by
employing departments: examines claims to determine if they
comply with applicable laws, rules and regulations of the
State of California; reviews injury reports for completeness
and consistency; develops documentation by requesting sub-
stantiating reports from physicians, departments and wit-
nesses: resolves jiscrepancies in data: requests investiga-
tions.to verify questionable claims data; informs employees
injured on khe job of their rights and benefits under the
Workers' Compensation laws: advises departments regarding
procedures and reporting deadlines involving work injuries:
maintains financial control on open files: monitors medical
treatment: establishes case reserves based on judgment and
experience: reviews all physicians' reports, analyzing
medical diagnoses and prognoses: confers with physicians,
hospital officials, attorneys, departments and employees to
determine status of cases: authorizes payment of medical
bills, temporary disability, permanent disability and death
benefits: coordinates return to work and absentee information
with payroll: supervises clerical employees engaged in
processing work injury claims: maintains permanent files and
records of claims data and benefits issued: prepares cases
for litigation: arranges special investigative medical
examinations; attends Workers' Compensation Appeals Board
hearings; researches pertinent statutes as necessary: rates
permanent disability claims in accordance with the Labor
Code, the Schedule for Rating Permanent Disability and case
law: and performs related work as required.
MINIMUM QUALIFICATIONS
Graduation from high school- or G.E.D. equivalent and 2 years
of recent para-p:~ofessional level experience in processing,
adjusting and examining Workers' Compensation claims. Typing
speed of 30 wpm is required.
(Continued)
EXHIBIT "A"
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posscf,sion of a valid Class III California -Driver's License
is rc'Iuired.
GENEFAL QUALIFICATIONS
~nowl ,.dge of:
Modern office equipment and procedures1
computer terminal operating methods1
I:nglish usage, spelling, grammar and punctuation;
11usiness math 1
Advanced record keeping methods;
Workers " Compensation laws, court decision, principals,
practices and procedures;
:;tandard claims evaluation techniques, references,
settlement trends and techniques;
Medical and legal terminology related to Workers'
Compensation claims processing and adjusting;
Dasic public relations.
~bi1jtY to:
Express ideas effectively in written and oral cOIllIlluni-
cations;
Establish and analyze all relevant data, effect neces-
sary control plans and bring claims to equitable
conclusion;
Negotiate effectively, using tact and diplomacy concern-
ing sensitive matters;
Maintain confidentiality concerning Workers' Compensa-
tion claims and investigations;
Analyze claims, assess City liability and develop case
management and settlement strategies;
Read, understand, interpret and apply complex materials
and concepts;
operate a typewriter with accuracy;
operate a computer terminal accurately and efficiently;
operate a calculator quickly and accurately;
Maintain accurate records;
Establish ,and maintain filing systems;
operate a ve~icle observing legal and defensive driving
practices;
Understand a~d carry out oral and written instructions;
Establish and maintain effective relationships with
those contacted in the course of work.
ORGANIZATIONAL RELATrONSHIPS
The class of Workers' Compensation Specialist is a profes-
sional-level clai~s adjusting class in the Risk Management
Department. Su?ervision is received from the Director of
Risk Management.