HomeMy WebLinkAboutResolution No. 5220RESOLUTION NO. 5220
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows:
The MAYOR and CITY CLERK are authorized to execute, on behalf
of the City of San Rafael a lease or agreement with
R L KAUTZ COMPANY FOR WORKER COMPENSATION SERVICES AND
SAFETY ENGINEERING
A copy of which is hereby attached and by this reference made a part
hereof.
I, MARION A. GRADY, City Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced
and adopted at a regular meeting of the City Council of said
City held on Monday the 15th _ day of November
19 76 , by the following vote, to wit:
�/_/0_G�
AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Jensen
�A'4-� '�-. /�'
MARION A. GRADY - City Clerk
MEMORANDUM OF AGREEMENT
,IS �%f7,ZEL7,! ENT, entered into this 15th day of November 1976, by and
.tween Tf1E CITY OF SAN RAFAEL herFinafter cAG1;NT,THE
`orScertainUIXTER, and services in L.
:LITZ & CO. , hereinafter called THE SERVICE
_L11 ion with the duties and responsibilities of THE SELF-INSUROR under the
•ovi�ions of the Norkers' Compensation Laws of the State of California as a
!cult of injuries to its employees,
WITNESSETH:.
iEREAS, THE SELF-INSUROR has undertaken to self -insure its liability to its
nployees pursuant to the Workers' Compensation Law of the State of Califvr.-'
ia, and whereas, THE SERVICE AGENT is engaged in the supervision and admin
titration of programs for self-insured employers, .
OW, THEREFORE, for and in consideration of the mutual obligations,hereby
ssumed, and the performance of the acts hereinafter set forth, the patrties
ereto agree as follows:
FIE SF.^�VICE AGENT agrees to supervise and administer the self-insurance pr_o
ram of THE SELF-INSUROR, to act as the representative of THE SELF-INSUROR
n matters related to THE SELF-INSUROR s obligations under the Workers' - Com
California and agrees further to provide to-.-...:
ensation Laws of the State of
FIE SELF-INSUROR during the term of this Agreement all the services more
articularly set forth hereinafter:
1. Administer the self-insurance plan of THE SELF-INSUROR in full
compliance with all rules and regulations governing the adminis-
tration 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-INSUROR's approval;
-Drovide counsel and advice regarding and coordinate these activities
with those of the Claims Department of THE SERVICE AGENT; and super
vise 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-INSUROR all forms, reports
aril other documents required under the Workers' Compensation Laws
of the State of California.
4. Compute and pay all disability benefits due injured employees, and
audit and pay all medical benefits from funds provided by THE SELF-
INSUROR for these purposes.
5. Maintain all records and statistical data on losses arising from
employee injuries in accohthe Staterofuirements Californiaf the
Department of Industrial Relations,
6. Provide monthly a machine tabulated report on all employee injury
claims showing amounts paid as medical or compensation expense,
and the net reserve on each case.
7 Provide safety -services, including but not limited to, inspection
of facilities, analysis of loss prevention program, and assist THE
SELF-INSUROR to maintain it's loss prevention program. Six (6)
mandays of safety services are to be provided each year.
Additional days of safety services, provided at the request of THE
CITY, will be billed at $250. per manday.
8. Arrange for necessary legal services in defense of, workers' Com-
pensation claims. The cost of legal services for litigated claims
up to One Thousand Dollars ($1,000.00) will during the first year
of this Agreement be charged against THE SERVICE COMPANY's remunera-
tion.
HE REMUNERATION to be paid under this Agreement to THE SERVICE AGENT by THE
1976 I
ELF-INSUROR shall be based upon a period commencing December -1
nd shall be calculated and paid to THE SERVICE AGENT monthly at the rate 'first year
ne-twelfth (1/12) of Nine Thousand Dollars, ($9,000.00) during the
ar
f this Agreement, and at the rate of Nineteen Cents ($0.19c) per One Hundred
ollars ($100.00) of monthly payroll during the second year of this Agreement.
HE SELF-INSUROR agrees to permit THE SERVICE AGENT to audit at any Treasonable
ime THE SELF-INSUROR's payroll developed during the period of this AgreemeAt.
iEVELOPED ANNUAL PREMIUM shall be calculated by applying to THE SELF-INSUROR's
total insurable California payroll, by classification of occupations, the rates
.or Workers' Compensation Insurance
which are now
ommay
nia.hereafter be estab� isl�ed
,y the Insurance Commissioner o
INSURABLE PAYROLL shall mean total wages, salaries, commissions,bonuses, and
)cher remunerations paid by THE SELF-INSUROR to it's employees, but excluding
'overtime remuneration" as defined in the California Manual of Rules,
Classi-
:ications and Basic Rates for Compv�oofltherLabor Codeance, who aof there eStateyof
he
•dorkers' Compensation Insurance Dision
California.
Phis Agreement shall take effect at 12:01 a.m., December 1 1977
1976 and shall continue in effect until December 1 r
after which date this Agreement shall continue n e fect unti canoe e y
Ather party as hereinafter provided.
:;his Agreement may be cancelled by either party giving to the other., in writin
notice of his intention to cancel this Agreement sixty (60) days prior to any
subsequent annual anniversary of
Se viges herein contemplated shall cover the operations of THE SELF--INSUROR
W. •the State of California only.
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I WITNESS WHEREOF, the parties hereto have caused these presents to be
_gned by their duly authorized officers as of the day and year first
)ove, written.
_test :
MARION A. GRADY, City Clerk
Ltest:
tegional Claims Manager
as
CK, City Attorney,
CITY OF SAN RAFAEL
BY
C. PAUL BETTINI, Mayor
R. L.. KAUT Z & CO..'
BY�'#r' r
Vice President
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