HomeMy WebLinkAboutCC Resolution 7459 (Claims Management)RESOLUTION N0, 7459
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf of
the City of San Rafael, a contract, lease or agreement with
JARDINE CLAIMS MANAGEMENT( WORKER'S COMPENSATION CLAIMS ADMINISTRATOR
(Formerly Emett & Chandler Self Insured Services,Inc./R.L. Kautz & Company)
(effective December 1, 1986 through November 30, 1987 @ annual rate
of $36,200, with option to renew contract for a second year at no more
than a 15% rate increase),
a copy of which is hereby attached and by this reference made a part
hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly intro-
duced and adopted at a reaular
City held on Mondav
meeting of the City Council of said
the lst day of December
1986 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan
NOES: COUNCILMEA1BERS: None
ABSENT: COUNCILMEMBERS: Russom
J&KNl. LEONCINI, City Clerk
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N A I
7459
MEMORANDUM OF AGREEMENT
THIS AGREEMENT supercedes all others entered into by and between the
City of San Rafael, hereinafter called THE SELF -INSURER, and JARDINE
CLAIMS MANAGEMENT (formerly R. L. Kautz & Company), hereinafter called
THE SERVICE AGENT, for certain services in connection with the duties
and responsibilities of the SELF -INSURER under the provisions of the
Workers' Compensation Laws of the State of California as a result of
injuries to its employees.
WITNESSETH:
WHEREAS, THE SELF -INSURER has undertaken to self -insure its liability
to its employees pursuant to the Workers' Compensation Law of the State
of California, and whereas, THE SERVICE AGENT is engaged in the
supervision and administration of programs for self-insured employers,
NOW, THEREFORE, for and in consideration of the mutual obligations
hereby assumed, and the performance of the acts hereinafter set forth,
the parties hereby agree as follows:
THE SERVICE AGENT agrees to supervise and administer the self-insurance
program of the SELF -INSURER, to act as the representative of THE SELF -
INSURER in matters related to THE SELF -INSURER'S obligations under the
Workers' Compensation Laws of the State of California and agrees
further to provide to THE SELF -INSURER during the term of this
Agreement all the services more particularly set forth hereinafter:
I. Administer the self-insurance plan of THE SELF -INSURER in full
compliance with all rules and regulations governing the
administration of self-insurance pursuant to Section 3700, et
seq., Labor Code and the California Administrative Procedure
Act (Government Code, Title 8).
2. Provide a Panel of physicians and specialists for the
treatment of injured employees, subject to THE SELF -INSURER'S
approval; provide counsel subject to THE SELF -INSURER'S
approval and advice regarding and coordinate these activities
with those of the Claims Department of THE SERVICE AGENT; and
supervise the furnishing of medical treatment to injured
employees which is required under the Workers' Compensation
Laws of the State of California.
3. Prepare and file in the name of THE SELF -INSURER all forms,
reports and other documents required under the Workers'
Compensation Laws of the State of California.
1. Compute and pay all disability benefits due injured employees,
and audit and pay all medical benefits from funds provided by
THE SELF -INSURER for these purposes.
5. Maintain all records and statistical data on losses arising
from employee injuries in accordance with the requirements of
the Department of Industrial Relations, State of California.
b. Provide monthly tabulated reports on all employee injury
claim; showing a) amounts paid as medical or compensation
expense and net reserve on each case; and b) major changes
(+/- $5,000) in individual claims to facilitate closer
monitoring of reserve fund needs.
7. Provide on-site claims review on a quarterly basis.
8. THE SERVICE AGENT agrees to the continued assignment of Mr.
James Ripley as the Claims Administrator for THE SELF-
INSURER's account, unless otherwise agreed to by THE SELF -
INSURER, or to claims administration of comparable quality in
the event Mr. Ripley should leave the employ of THE SERVICE
AGENT.
The remuneration to be paid under this Agreement to THE SERVICE AGENCY
by THE SELF -INSURER shall be based upon a period commencing December 1,
1986, and shall be calculated and paid to THE SERVICE AGENT at the rate
of one -twelfth (1/12) of Thirty Six Thousand Two Hundred Dollars
($36,200) during the first year of this Agreement which expires on
November 30, 1987. THE SELF -INSURER has the option of renewing the
Agreement with THE SERVICE AGENT with no more than a 15% increase for
similar services for the second year of the Agreement and any
subsequent contractual agreement.
This Agreement shall take effect at 12:01 AM, December 1, 1986, and
shall continue in effect until November 30, 1987, after which date this
Agreement shall continue in effect until cancelled by either party as
hereinafter provided.
This Agreement may be cancelled by either party giving to the other, in
writing, notice of his/her intention to cancel this Agreement upon
sixty (60) days notice.
THE SELF -INSURER and THE SERVICE AGENT agree to submit any claims
arising under this Agreement to binding arbitration pursuant to the
current provisions of the California Code of Civil Procedure and any
successor statutes.
Services herein contemplated shall cover the operations of THE SELF -
INSURER in the State of California only.
WITNESS WHEREOF, the parties hereto have caused these presents to be
signed by their duly authorized officers as of the day and year first
above written.
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Attest:
JEANNIE•M. LEONCINX, City Clerk
Attest:
Approved as t rm:
GAR T. JAGGHIANTI, City Attorney
CITY OF SAN RAFAEL
G -
AWRENCE E. MULR A�ayor
JARDINE CLAIMS MANAGEMENT
By .�
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