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HomeMy WebLinkAbout21-City Administrator - - 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. 1~ o cQ~ 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 - . .'''J .CITY OF SAN BERIClRDINO - REQUEST ~R COUNCIL ACTION'~ <<; ,t, STAFF REPORT ~..., -,-,', >: '~i " , . , t",.,. ',', ..,..... ::: ",r ,( i' ). -~} 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. /.} ~> 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 o o 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 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 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 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 8/28/89 o o 1 2 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHARLES E. HAMILTON 3 TO PERFORM CONSULTING SERVICES FOR THE RISK MANAGEMENT DEPARTMENT. The foregoing resolution is hereby adopted this day of , 1989. W. R. "Bob" Holcomb, Mayor Approved as to form and legal content: I , ~~ Attorney 28 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 o o 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 / / / / / / 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 l, 1989, to and 5 including July 3l, 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 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. 19 6. All notices to be given pursuant to this Agreement 20 shall be deposited with the United states Postal Services postage 22 21 prepaid and addressed as follows: 23 24 25 26 27 28 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 2 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 6 7 Approved as to form 8 and legal content: 9 JAMES F. PENMAN, City Attorney 10 11 12 l3 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 . DAB:br August 16, 1989 City of San Bernardino By: W.R. Holcomb,. Mayor Consultant ~JJ%~L Charles E. Hamilton 3