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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' ~~ ::0 US n7 n :::1>_ ci ~J7, h,) (/1 , :",.).'. C",t .:y,: ~;e. Recommended motion: e. " ) ." .r::- :-q Adopt resolution. .. ~f {~~lc- '. /~-fr:-(<..t'-<.:/- 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 1 o o 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. 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 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 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8/2 8/89 . o o 1 2 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON 3 TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. 4 5 6 7 8 The foregoing resolution is hereby adopted this day of , 1989. W. R. nBob" Holcomb, Mayor 9 Approved as to form and legal content: ^ I 11 , '(...y~"'-I-rr"......... 28 2 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 AGREEMENT FOR 2 WORKERS' COMPENSATION CONSULTANT 3 I -ar 1- THIS AGREEMENT, made and entered into this 4 day of ,t~ __ BERNARDI~O, /(Charter 1989, by and between the CITY OF SAN City ("City"), and CHARLES E. HAMILtON, an 5 6 individual (;'Consul tant"). 7 WITNESSETH: 8 WHEREAS, City has need for the services of a consultant to 9 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 / / / / / / DAB:br August 16, 1989 1 . o o 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. 4 3. The term of this Agreement is August 1, 1989, to and 5 including July 31, 1990. Either party may terminate. this 6 Agreement for any reason upon fifteen (15) days written notice to 7 the other. 8 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 12 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 19 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: 22 23 24 25 26 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. 28 DAB:br August 16, 1989 2 . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 1 7. This document contains the entire agreement between the parties. 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and date first above shown. 4 5 City of San Bernardino 6 By: W.R. Holcomb, Mayor 7 Approved as to form 8 and legal content: 9 JAMES F. PENMAN, City Attorney /' I', By: ~"1'"L. /) , ' ',/" r, ) .rJ/;.-.-.--. Consultant ~~j)!bf%~c Charles E. Hamilton DAB:br August 16, 1989 3 o o CITY OF SAN BERNARDINO OCTOBER, 1987 WORKERS' COMPENSATION SPECIALIST JOB DESCRIPTION .. 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 , 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" @ o o . - 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.