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HomeMy WebLinkAbout19-City Administrator . CI~Y OF SAN BER.8RDINO EQUEST 2R COUNCIL ACTION From: James Robbins Deputy City Administrator De~: City Administrator Date: June 6, 1990 Su~e~:Agreement with Charles Hamilton. Synopsis of Previous Council action: Resolution adopted on 9/18/89. Recommended motion: Adopt Resolution. ~~~ Jdj)J)~ C Signature Conta~ person: James Robbins Phone: 5122 Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $50 .o~o 00 Source: (Acct. No. 001-452-53150 l'fftJjq , Acct. Descri tion ervices Finance: Council Notes: . 75-0262 Agenda Item No If:! . CITY OF SAN BERN~DINO - REQUEST FbA COUNCIL ACnON . STAFF REPORT / In 1989, at the direction of the state's Self-Insured Insurance Programs Director, the city hired,on a contractual basiS/Charles Hamilton to serve as the City's Third Party Administrator for Workers' Compensation. He is a state qualified Administrator of Workers' Compensation Self-Insured Programs. Over the past year substantial improvements have occurred in our program; old files closed out, reserves reviewed and reset where appropriate, and staff completing course work on claims handling. The State continues to monitor our progress, and require the Third Party Administrator. This contract incorporates into the text the than have them as an exhibit. Other terms remain the same. The position is prOfessional/contractual services in next budget. It is recommended that a resolution authorizing the signing of an agreement with Charles Hamilton be approved. \J! ;) ';; - A'--~'I~---"<' '..J--:,'-f::~-<-~ r ,.JAMES E. ROBBINS ~Deputy city Administrator/ Administrative Services duties rather and conditions budgeted in fiscal year's /dm FILED:HAMILTON STAFF 75-0264 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 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 "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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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 Bernardino at a day of IIIII IIIII IIIII IIIII IIIII IIIII 05/30/90 meeting thereof, held on the , 1990, by the following vote to with: RESOLUTION ~HE CITY OF SAN BERNARDIN~UTHORIZING THE EXECUTION O~N AGREEMENT WITH CHARLES E. HAMILTON TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. 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 council Members: ~ ~ ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER city Clerk The foregoing resolution is hereby approved this , 1990. day of w. R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By'J~? ~ 05/30/90 -2- o o 1 AGREEMENT FOR 2 WORKERS' COMPENSATION CONSULTANT 3 (Third Party Administrator) 4 5 THIS AGREEMENT, made and entered into this day 6 of , 1990, by and between the CITY OF SAN BERNARDINO, 7 a Charter City ("City"), and CHARLES E. HAMILTON, an individual 8 ("Consultant"). 9 WITNESSETH: 10 WHEREAS, City has need for the services of a Third Party 11 Administrator advise, train and help administer the City's 12 Workers' Compensation program~ and 13 WHEREAS, Consultant asserts that he is specially trained, 14 experienced and competent to perform such services; and 15 WHEREAS, city has authority to enter into this Agreement i6 pursuant to Section 40(aa) of the Charter of the City of San 17 Bernardino, 18 NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 19 1. city hereby employs Consultant to perform the 20 representative duties as follows: 21 Serve as third party Workers' Compensation 22 Certified Claims Administrator. 23 Review and set reserves for new claims. 24 Re-evaluate, increase or decrease reserves on 25 existing claims. 26 Develop and implement procedures for tracking 27 and resolving claims. 28 IIIII 05/30/90 -1- o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 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 under this of City for shall be 05/301 90 -2- o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 "0" 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. 22 IN WITNESS WHEREOF, parties hereto have executed this 23 Agreement on the day and date first above shown. 2411111 25 11111 26 IIIII 2711111 28 11111 05130/90 -3- WORKERS' CO~NSATION CONSULTANT THIRD ~TY AGREEMENT BY AND BETWEEN THE~TY OF SAN BERNARDINO AND ~RLES E. HAMILTON.