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CITY OF SAN BERCARDINO - R'i"QUESTOoR COUNCIL ACTION
From: James E. Robbins
Deputy City Administrator
Oept: City Administrator
Subject: Authorize agreement between the
City of San Bernardino and
Charles E. Hamilton to perform
consulting services for Risk
Management.
Da~: September 8, 1989
Synopsis of Previous Council action:
The Mayor and Common Council passed a Motion on July 5, 1989,
approving the concept of hiring a Workers' Compensation Consultant.
Recommended motion:
That an agreement be executed with Charles E. Hamilton to perform
consulting services for the Risk Management Division.
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Signature
Contact person:
James E. Robbins
Phone:
5122
Supporting data attached:
Staff Report, Agreement
Ward:
FUNDING REQUIREMENTS:
Amount: $50,000 (funds in place)
Source: IAcct. No.) 001-451-53l50
(Acct. Description) Administration (Contractual)
Finance: (~ x)NJ--
Council Notes:
75-0262
Agenda Item No J, J
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.CITY OF SAN BERIClRDINO - REQUEST ~R COUNCIL ACTION'~
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STAFF REPORT
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In response to the audit findings regarding Workers'
Compensation Insurance, the City has agreed to employ a
certified third party Administrator. The Risk Manager and
City Administrator interviewed a number of firms and/or
individuals. Mr. Hamilton was selected.
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Mr. Hamilton has served as a Claims Administrator for the
past 23 years - with Kaiser Steel and Industrial Indemnity
Company. His certification as a qualified Administrator of
Workers' Compensation has been verified through the state
Department of Industrial Relations.
Exhibit A represents the primary duties Mr. Hamilton will be
performing. He has agreed to assist us in re-establishing
our in-house workers' compensation program.
It is recommended that an agreement be executed with Charles
E. Hamilton to perform consulting services for the Risk
Management Division.
FILED: HAMILTON
75-0264
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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
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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 l. 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 "A" 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
Bernardino 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.
The foregoing resolution is hereby adopted this
day of
, 1989.
W. R. "Bob" Holcomb, Mayor
Approved as to form
and legal content:
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Attorney
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AGREEMENT FOR
WORKERS' COMPENSATION CONSULTANT
THIS AGREEMENT,
day of ~
BERNARDINO, ~arter
made and entered into this / ~
1989, by and between the CITY OF SAN
,
City ("City"), and CHARLES E. HAMILTON, an
individual ("Consultant").
WITNESSETH:
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
(2(
employ~ 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 l, 1989, to and
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including July 3l, 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
l5 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
18 Agreement.
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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 "D" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
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
City of San Bernardino
By:
W.R. Holcomb,. Mayor
Consultant
~JJ%~L
Charles E. Hamilton
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